Virginia Code

Va. Code Ann. § 54.1-201 (2026)

Powers and duties of regulatory boards

✓ current as of May 2026

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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 regulatory 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 regulatory 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 (§ 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 (§ 54.1-100 et seq.) and 3 (§ 54.1-300 et seq.).

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 regulatory 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 regulatory board. A regulatory board may take a disciplinary case against a licensee under advisement, defer a finding in such case, and dismiss such action upon terms and conditions set by the Board for Professional and Occupational Regulation. Conditions of probation or dismissal may include 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 § 2.2-4019 of the Administrative Process Act (§2.2-4000 et seq.). 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 regulatory board may issue a case decision as defined in § 2.2-4001, with judicial review of the case decision in accordance with § 2.2-4026. If the regulant asserts his right to be heard prior to the regulatory board issuing its case decision, the regulatory 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 regulatory 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, "regulant" means any person, firm, corporation, association, partnership, joint venture, or any other legal entity required by this subtitle to be licensed, certified, or registered.

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; 2026, c. 772.

Notes of Decisions

Cited in 4 cases, 1999–2018 · leading case: Long & Foster Real Est., Inc. v. NRT Mid-Atl., Inc., 357 F. Supp. 2d 911 (E.D. Va. 2005).

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Long & Foster Real Est., Inc. v. NRT Mid-Atl., Inc., 357 F. Supp. 2d 911 (E.D. Va. 2005). · cites it 3× “See Va.Code § 54.1-201(5) (authorizing the Board “[t]o promulgate regulations.”

Williams v. Commonwealth of Virginia Real Est. Bd., 698 S.E.2d 917 (Va. Ct. App. 2010). · cites it 2× “Code § 54.1-201(7) entrusts the agency with the power 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.”

JES Constr., LLC v. Bd. for Contractors, Dept. of Prof'l & Occupational Reg. (Va. Ct. App. 2018). · cites it 2× “The notice stated that Code § 54.1-201(7) set forth, in part, “the powers and duties of regulatory boards,” as follows: 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.”

Zadnik Homes Corp. v. Devesa, 48 Va. Cir. 526 (Loudoun Cir. Ct. 1999). “1-1115, Code of Virginia) and regulations of toe Board (§ 54.1-201, Code of Virginia). The only reference to toe effect of such proscribed behavior on toe right of toe contractor to recover on its contract is contained in § 54.”

— Va. Code Ann. § 54.1-201(5) — 1 case

Long & Foster Real Est., Inc. v. NRT Mid-Atl., Inc., 357 F. Supp. 2d 911 (E.D. Va. 2005). “See Va.Code § 54.1-201(5) (authorizing the Board “[t]o promulgate regulations.”

— Va. Code Ann. § 54.1-201(7) — 2 cases

Williams v. Commonwealth of Virginia Real Est. Bd., 698 S.E.2d 917 (Va. Ct. App. 2010). “Code § 54.1-201(7) entrusts the agency with the power 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.”

JES Constr., LLC v. Bd. for Contractors, Dept. of Prof'l & Occupational Reg. (Va. Ct. App. 2018). “The notice stated that Code § 54.1-201(7) set forth, in part, “the powers and duties of regulatory boards,” as follows: 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.”

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