                                 CODE OF VIRGINIA

POWERS AND DUTIES OF REGULATORY BOARDS (§ 54.1-201)

A. The powers and duties of regulatory boards shall be as follows:

   1. To establish the qualifications of applicants for certification or
   licensure by any such board, provided that all qualifications shall be
   necessary to ensure either competence or integrity to engage in such
   profession or occupation.

   2. To examine, or cause to be examined, the qualifications of each applicant
   for certification or licensure within its particular regulatory system,
   including when necessary the preparation, administration and grading of
   examinations.

   3. To certify or license qualified applicants as practitioners of the
   particular profession or occupation regulated by such board.

   4. To levy and collect fees for certification or licensure and renewal that
   are sufficient to cover all expenses for the administration and operation of
   the regulatory board and a proportionate share of the expenses of the
   Department of Professional and Occupational Regulation and the Board for
   Professional and Occupational Regulation.

   5. To promulgate regulations in accordance with the Administrative Process Act
   (&#xA7; 2.2-4000 et seq.) necessary to assure continued competency, to prevent
   deceptive or misleading practices by practitioners and to effectively
   administer the regulatory system administered by the regulatory board. The
   regulations shall not be in conflict with the purposes and intent of this
   chapter or of Chapters 1 (&#xA7; 54.1-100 et seq.) and 3 (&#xA7; 54.1-300 et
   seq.) of this title.

   6. To ensure that inspections are conducted relating to the practice of each
   practitioner certified or licensed by the regulatory board to ensure that the
   practitioner is conducting his practice in a competent manner and within the
   lawful regulations promulgated by the board.

   7. To place a regulant on probation or revoke, suspend or fail to renew a
   certificate or license for just causes as enumerated in regulations of the
   board. Conditions of probation may include, but not be limited to the
   successful completion of remedial education or examination.

   8. To receive complaints concerning the conduct of any regulant and to take
   appropriate disciplinary action if warranted.

   9. To provide a regulant subject to a disciplinary action with a notice
   advising the regulant of his right to be heard at an informal fact-finding
   conference pursuant to &#xA7; 2.2-4019 of the Administrative Process Act. The
   notice shall state that if the regulant does not request an informal
   fact-finding conference within 30 days of receipt of the notice, the board may
   issue a case decision as defined in &#xA7; 2.2-4001, with judicial review of
   the case decision in accordance with &#xA7; 2.2-4026. If the regulant asserts
   his right to be heard prior to the board issuing its case decision, the board
   shall remand the case to an informal fact-finding conference. The notice
   required by this subdivision shall be sent in a manner that allows for
   confirmation of delivery or, if agreed to by the parties, through electronic
   means, provided that the board retains sufficient proof of the electronic
   delivery, which may be an electronic receipt of delivery, a confirmation that
   the notice was sent by facsimile, or a certificate of service prepared by the
   sender confirming the electronic delivery.

   10. To promulgate canons of ethics under which the professional activities of
   regulants shall be conducted.

B. A regulant shall furnish, upon the request of a person to whom the regulant
is providing or offering to provide service, satisfactory proof that the
regulant (i) is duly licensed, certified, or registered under this subtitle and
(ii) has obtained any required bond or insurance to engage in his profession or
occupation.

C. As used in this section, &#8220;regulant&#8221; means any person, firm,
corporation, association, partnership, joint venture, or any other legal entity
required by this subtitle to be licensed, certified, or registered.

HISTORY: 1979, c. 408, § 54-1.28; 1983, c. 569; 1988, c. 765; 1993, c. 499;
2005, c. 383; 2012, c. 769; 2013, cc. 398, 486; 2023, cc. 100, 101.