Chap. 184.—An ACT to amend and re-enact Section 9, and Section 10 as amended,
of Chapter 431 of the Acts of Assembly of 1938, approved April 1, 1938, relat-
ing to the registration of general contractors and subcontractors, and the
revocation and reissuance of certificates to such contractors. [S B 118]

Approved March 13, 1946

Be it enacted by the General Assembly of Virginia:

1. That section nine and section ten as amended, of chapter four
hundred thirty-one of the Acts of Assembly of nineteen hundred thirty-
eight, approved April one, nineteen hundred thirty-eight, be amended
and re-enacted, as follows:

Section 9. Any person, firm, association or corporation hereafter
desiring to be registered as a general contractor or a subcontractor in
this State shall make and file with the board thirty (30) days prior to any
regular or special meeting thereof a written application of such form as
may then be by the board prescribed for examination by the board, which
application shall be accompanied by thirty ($30.00) dollars. The board
may require the applicant to furnish evidence of his ability, character
and financial responsibility, and if said application is satisfactory to the
board, then the applicant shall be entitled to an examination to deter-
mine his qualifications. If the result of the examination of any applicant
shall be satisfactory to the board, then the board shall issue to the ap-
plicant a certificate to engage as a general contractor or a subcontractor
in this State as provided in said certificate, and it shall be the responsi-
bility of the board, or the members of said board, to ascertain from re-
liable sources whether or not the past performance record of an appli-
cant 1s good, and whether or not he has the reputation of paying his
labor and material bills, as well as carrying out other contracts that he
may have entered into. Any applicant failing to pass such examination
may be re-examined at any regular meeting of the board without addi-
tional fee. Certificate of registration shall expire on the last day of
December following its issuance or renewal and shall become invalid on
that date unless renewed, subject to the approval of the board. Renewal
may be effective any time during the month of January by the payment
of a fee of fifteen ($15.00) dollars to the secretary of the board.
Section 10. The board shall have the power to revoke the certifi-
cate of registration of any general contractor or subcontractor registered
hereunder who is found guilty of any fraud or deceit in obtaining the
registration, or gross negligence, incompetence or misconduct in the
practice of his profession, or wilful violation of any provision of this act.
Any person may prefer charges of such fraud, deceit, negligence, or mis-
conduct against any general contractor or subcontractor registered here-
under. Such charges shall be in writing and sworn to by the complainant
and submitted to the board. Such charges, unless dismissed without
hearing by the board as unfounded or trivial, shall be heard and deter-
mined within three (3) months after the date on which they were pre-
ferred. A time and place for such hearing shall-be fixed by the board
and held in the county in which the cause of said charges originated.
A copy of the charges together with the notice of the time and place of
hearing, shall be legally served on the accused at least thirty (30) days
before the fixed date for the hearing, and in the event that such service
cannot be effected thirty (30) davs before such hearing, then the date
of hearing and determination shall be postponed as may be necessary to
permit the carrying out of this condition. At said hearing the accused
shall have the right to appear personally and by counsel and to cross-
examine witnesses against him, her or them, and to produce evidence
of witnesses in his, her or their defense. In connection with any such
hearing, the board shall have the power to issue subpoenas requiring
the attendance of witnesses and the production of records, papers, and
other documents. If after said hearing the board shall unanimously vote
in favor of finding the accused guilty of any fraud or deceit in obtaining
certificate of registration, or of gross negligence, incompetency or mis-
conduct in practice, the board shall revoke the registration of the accused,
provided, however, that the right of appeal shall be from the decision
of the said board in all cases to either the corporation or circuit court
having jurisdiction where the contract is to be performed, or where the
cause of said charges originated and pending such appeal such contrac-
tor may continue to operate until final adjudication.

The board may at any time reissue a certificate of registration to any
person, firm, association or corporation whose certificate has been re-
voked, provided three or more members of the board vote in favor of such
reissuance.

The board shall immediately notify the Secretary of the Common-
wealth and the clerk of each incorporated city, town or county in the
State of its finding in the case of revocation of a certificate or of the re-
issuance of a revoked certificate.

A certificate of registration to replace any certificate lost, destroyed
or mutilated may be issued subject to the rules and regulations of the
board.