Department of Professional and Occupational Regulation

 

GDForum ID: 2857

Description of Proposed Guidance Document Changes

The Board for Contractors (the Board) has reviewed and voted to amend the following guidance document. 1. Guidance Document 5718: Contractors Criminal History Review Matrix. The document contains guidance that directs staff to approve certain applications disclosing certain types of criminal convictions without sending the application for Board review. The Board’s existing guidance allows staff to approve applications that disclose the following criminal convictions: • Felony convictions more than three (3) years old with no subsequent reportable convictions, unless the conviction resulting in incarceration and the release date is less than one (1) year from the date of application. Certain felony offenses are excluded, including those for murder, manslaughter, sexual assault, rape, robbery, indecent liberties, fraud and embezzlement. • Felony convictions for possession of controlled substance more than two (2) years old with no other convictions. For convictions less than two (2) years, the applicant must have completed a deterrence program • Felony convictions under Title 46 of the Code of Virginia (Traffic Code.) • Misdemeanor convictions more than two (2) years from the date of application. • Misdemeanor convictions for possession of a controlled substance with no other convictions. • Misdemeanor convictions for simple assault (except for domestic assault and assaulting a police officer), disorderly conduct, or trespassing. • Misdemeanor DUI convictions. Felony convictions are excluded. The guidance document will be revised to provide for a delegation of authority to DPOR staff to conduct predetermination fact-findings and license eligibility fact-findings (IFFs) in accordance with applicable portions of the Administrative Process Act (Code of Virginia § 2.2-4000 et. seq.). These delegation of authority provisions are being added to all DPOR regulatory board guidance documents that provide guidance regarding applicants who disclose criminal convictions on an application. There are also stylistic changes made throughout the document. This is a result of Executive Order 51. The changes were made from streamlining AI recommendations to help reduce word count, making it easier for consumers to understand and read. No substantive changes to the Board’s criteria for staff approval of applications are made.

 

Guidance Document(s) for this Comment Forum

Document ID	Document Title	Current Document	Proposed Document	Revised Proposed
5718	Contractors Criminal History Review Matrix	Document	Proposed Document

 

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