Chap. 409.—An ACT to amend and re-enact Sections 1, 8, 10 and 15-a of an act
entitled ‘‘An Act to regulate the practice of general contracting in Virginia; to
establish a State Registration Board for Contractors and to define its powers and
duties; to provide the method of obtaining a certificate of registration to engage
in the practice of general contracting, and to fix fees for such certificate; to dis-
pose of the monies raised; to provide the method of suspension and cancellation
of such certificate of. registration ; and to prescribe the punishment for violation
of the provisions of this act.’ approved April 1, 1938; and to further amend the
said act by adding thereto two new sections, numbered 15-b and 15- -c, relating to
investigations of, and prosecutions for, violations of the act. [H B ie,

Approved April 1, 1940

1. Be-it enacted by the General Assembly of Virginia, That
sections one, eight, ten and fifteen-a of an act entitled “An Act to
regulate the practice of general contracting in Virginia; to establish a
State Registration Board for Contractors and to define its powers and
duties; to provide the method of obtaining a certificate of registration
to engage in the practice of general contracting, and to fix fees for
such certificates; to dispose of the monies raised; to provide the method
of suspension and cancellation of such certificate of registration; and
to prescribe the punishment for violation of the provisions of this
act.’’, approved April first, nineteen hundred and thirty-eight, be
amended and re-enacted, and that the said act be further amended
by adding thereto two new sections, numbered fifteen-b and fifteen-c
so that the said amended sections and the said new sections shall read
as follows:
Section 1. On and after the first day of January, nineteen hundred
and thirty-nine, it shall be unlawful for any person, firm, association,
or corporation to engage in, or offer to engage in general contracting
in this State, unless such person, firm, association, or corporation has
been duly licensed and issued a certificate of registration under the
provisions of this act, as hereinafter provided.

For the purpose of this act, a general contractor is defined to be
any person, firm, association, or corporation that for a fixed price,
commission, fee or percentage, undertakes to bid upon, or to con-
struct or superintend the construction of, any building, highway,
bridge, railway, sewer, pipe line, grading, or any improvement, or
structure, where the cost of the undertaking is twenty thousand dollars
or more; and any person, firm, association, or corporation who shall
bid upon or engage in constructing or superintending the construction
of any structure or any undertaking or improvements above men-
tioned, in the State of Virginia, costing twenty thousand dollars or
more, shall be deemed and held to have engaged in the business of
general contracting in this State.

Section 8. The secretary-treasurer shall keep a record of the pro-
ceedings of the board and a register of all applicants for registration,
showing for each the date of application, name, qualifications, place
of business, place of residence, and whether certificate of registration
was granted or refused. The books and register of the board shall be
prima facie evidence of all matters recorded therein. A roster showing
the names and places of business and of residence of all registered
general contractors shall be prepared by the secretary of the board
during the month of February of each year; such roster shall be printed
by the board out of funds of said board as provided in section seven,
and a copy mailed to and placed on file by the clerk of each incorpo-
rated city, town and county in the State. On or before the first day
of March of each year the board shall submit to the Governor a report
of its transactions for the preceding year, together with a complete
statement of the receipts and expenditures of the board, attested by
the affidavits of the chairman and the secretary, and a copy of the
said roster of registered general contractors; a copy of the said report,
statement, and roster shall at the same time be filed with the Secretary
of the Commonwealth.

Section 10. The board shall have the power to revoke the certi-
ficate of registration of any general contractor 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 registered hereunder. Such
charges shall be in writing and sworn to by the complainant and sub-
mitted to the board. Such charges, unless dismissed without hearing
by the board as unfounded or trivial, shall be heard and determined
within three (3) months after the date in which they were preferred.
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 can-
not be effected thirty (30) days before such hearing, then the date of
hearing and determination shall be postponed as may be necessary tc
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 unan-
imously vote in favor of finding the accused guilty of any fraud or
deceit in obtaining certificate of registration, or of gross negligence,
incompetency or misconduct in practice, the board shall revoke the
registration of the accused, provided, however, that the right of ap-
peal 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 contractor 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
revoked, 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 the revocation of a certificate or of
the reissuance of a revoked certificate.

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

Section 15-a. The provisions of this act shall not apply to the
practice of general contracting as defined in Section one of this Act
by any authorized representative or representatives of the United
States of America or any of its instrumentalities or agencies, the Com-
monwealth of Virginia or any of its instrumentalities, agencies or in-
stitutions, or of any county, city, town or other political subdivision
of, or any district, zone, local subdivision or area in, the State of
Virginia, or to the construction, reconstruction, repair, or improve-
ment of any highway or bridge, constructed, reconstructed or repaired
by the State Highway Commission.

Section 15-b. All alleged violations of this Act when reported to
the said Board and duly substantiated by affidavits, or other satis-
factory evidence, shall be investigated by it. The said Board may
employ a special investigator who shall be paid out of funds appro-
priated to the Board. If the evidence of violations is substantiated,
the Board shall report the same to the attorneys for the Common-
wealth of the cities or counties in which the violations are alleged to
have occurred.
- Section 15-c. Upon receiving reports, together with proper evi-
dence, from the said Board, that any of the provisions of this Act
have been violated, the attorneys for the Commonwealth of the coun-
ties or cities in which it is claimed such violations occurred shall in-
stitute and conduct the proper proceedings in the appropriate court
to prosecute and punish such alleged offenders.