Prohibited acts.12

Objection to this potentially burdensome requirement.  This seems almost a preposterous expectation.  When and under what grounds is the Board requiring licensees to obtain these documents?  VDH has no current rubric on this matter.  This looks like a new loophole for VDH to manipulate the Board's regulations. 

Does this requirement ask licensees to guarantee they'll obtain a permit or approval from VDH?  In the absence of any standard of care evident elsewhere, how is policing failure to retrieve documents expected to support or serve the public?  Who exactly is expected to obtain these documents and why did this become a prohibited act?  Will we find this was another sloppily and hastily culled amendment from another board's license regulations or was this just custom-fit for VDH?

VDH stores most if not all records pertaining to design, installation, repair, or operation of onsite sewage systems.  Will there ever be any penalty for VDH's mismanagement and loss of records, which is frequently the case?  As long as VDH remains an active market participant, this proposed requirement appears to favor the monopolization of this license by VDH, the largest employer of design professionals.

Suggest the proposed language be removed under 18VAC160-40-470, as follows:

18VAC160-40-470. Prohibited acts.

The following acts are prohibited and any violation may result in disciplinary action by the board:

12. Failure to obtain any permit, approval, or other document required by VDH related to the design, installation, repair, or operation of an onsite sewage system.