18 Va. Admin. Code § 41-20-180 - [Effective 10/29/2026] Failure to renew
A. When a
licensed or certified individual or business entity fails to renew its license
or certificate within 30 days following its expiration date, the licensee or
certificate holder shall apply for reinstatement of the license or certificate
by submitting to the Department of Professional and Occupational Regulation a
reinstatement application and renewal fee and reinstatement fee.
B. When a licensed or certified individual or
business entity fails to renew its license within two years following the
expiration date, reinstatement is no longer possible. To resume practice:
1. The former licensee or certificate holder
shall apply for licensure or certification as a new applicant and shall meet
all current entry requirements for each respective license or
certificate.
2. An individual
initially granted licensure under any of the following examination or training
waiver provisions, known as grandfathering, shall submit a new application
showing the individual met the requirements of the applicable examination or
training waiver provision, demonstrate five years of licensed experience, and
pass the required examination:
a. Any person
who was exempted from examination for licensure as a barber, as such person was
engaged in the practice of barbering on or before July 1, 1966, in any
establishment or place of business within which the practice of barbering was
carried on by only one barber, and such person filed an application with the
board on or before January 1, 1967.
b. Any person exempted from examination as a
registered professional hair dresser, as such person was substantially engaged
as a hairdresser in Virginia for at least nine months prior to June 29, 1962,
and such person filed an application satisfactory to the board on or before
July 1, 1963.
c. Any person
exempted from training requirements for licensure as a nail technician, as such
person had experience or training as a nail technician, and such person applied
to the board for examination by October 1, 1991.
d. Any person exempted from examination as a
wax technician pursuant to §
54.1-703.1 of the Code of
Virginia.
C.
The application for reinstatement for a school shall provide (i) the reasons
for failing to renew prior to the expiration date and (ii) a notarized
statement that all students currently enrolled or seeking to enroll at the
school have been notified in writing that the school's license has expired. All
of these materials shall be called the application package. Reinstatement will
be considered by the board if the school consents to and satisfactorily passes
an inspection of the school and if the school's records are maintained in
accordance with
18VAC41-20-240 and
18VAC41-20-250 by the Department
of Professional and Occupational Regulation. Pursuant to
18VAC41-20-130, upon receipt of
the reinstatement fee, application package, and inspection results, the board
may reinstate the school's license or require requalification or both. If the
reinstatement application package and reinstatement fee are not received by the
board within six months following the expiration date of the school's license,
the board will notify the testing service that prospective graduates of the
unlicensed school are not acceptable candidates for the examination. Such
notification will be sent to the school and must be displayed in a conspicuous
manner by the school in an area that is accessible to the public. No student
shall be disqualified from taking the examination because the school was not
licensed for a portion of the time the student attended if the school license
is reinstated by the board.
D. The
date a renewal fee is received by the Department of Professional and
Occupational Regulation, or its agent, will be used to determine whether the
requirement for reinstatement of a license or certificate is
applicable.
E. When a license or
certificate is reinstated, the licensee or certificate holder shall be assigned
an expiration date two years from the date of the last day of the month of
reinstatement.
F. A licensee or
certificate holder that reinstates its license or certificate shall be regarded
as having been continuously licensed or certified without interruption.
Therefore, a licensee or certificate holder shall be subject to the authority
of the board for activities performed prior to reinstatement.
G. A licensee or certificate holder that
fails to reinstate its license or certificate shall be regarded as unlicensed
or uncertified from the expiration date of the license or certificate forward.
Nothing in this chapter shall divest the board of its authority to discipline a
licensee or certificate holder for a violation of the law or regulations during
the period of time for which the individual was licensed or
certified.
Notes
Statutory Authority: § 54.1-201 of the Code of Virginia.
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