1. A. Certificates will be issued when an applicant has complied with the current applicable requirements of this chapter. Certificates will be classified as active or inactive. An inactive certificate will be considered out of compliance and a noncompliance notice will be issued to the certificate holder. In such cases, notification shall also be provided to the locality or company employing the certificate holder. Exceptions to the issuance of a noncompliance notice may be considered where there is a separation from employment by medical or military leave for 12 consecutive months or more during the continuing education period. An inactive certificate may be reinstated as an active certificate after completing makeup training courses designed by the department.
2. B. All certificates issued since June 1978 are valid unless revoked or suspended, except that provisional certificates shall remain valid as set out under subsection C of this section.

3. C. A provisional certificate may be issued to (i) a person who has been directed by the department to obtain a certificate; (ii) an applicant requesting a certificate under the alternative training provisions of 13VAC5-21-45; (iii) an applicant when the required training has not been provided or offered; (iv) an inactive certificate holder when the issuance of a provisional certificate is determined to be warranted by the department; or (v) a person who, due to extenuating and warranting circumstances either on behalf of the code academy or beyond the person's control, has not fully complied with the eligibility requirements of training and competency established herein.

   Such a provisional certificate may be issued when the applicant or person has satisfactorily completed the code academy core module, and completed any training through the code academy or through other providers determined to warrant the issuance of the provisional certificate.

   The provisional certificate is valid for a period of one year after the date of issuance and shall only be issued once to any individual, except that a provisional certificate shall remain valid when the required training has not been provided or offered.

4. D. All certificate holders shall attend periodic maintenance training as designated by the department and shall attend 16 hours of continuing education every two years as approved by the department. If a certificate holder possesses more than one certificate, the 16 hours shall satisfy the continuing education requirement for all certificates.

Statutory Authority

§ 36-137 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 20, eff. September 15, 2000; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. May 1, 2008; Volume 30, Issue 25, eff. September 10, 2014; Volume 37, Issue 26, eff. September 16, 2021.