§ 9A-305. Waiver of examination requirements -- License in another state

   (a) In general. -- Subject to the limitations in subsections (b) and (c) of this section, on the affirmative vote of at least a majority of the authorized membership of the Board, the Board may waive the examination requirements of this title for an individual who is licensed in another state to provide heating, ventilation, air-conditioning, or refrigeration services as a journeyman, journeyman restricted, master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor.

(b) Conditions. -- The Board may grant a waiver under this section only if the applicant:

   (1) pays the appropriate application fee required by § 9A-207 of this title; and

   (2) provides adequate evidence that the applicant:

      (i) meets the qualifications otherwise required by this title;

      (ii) holds an active license in good standing in the other state;

      (iii) holds a license that is equivalent to the State license; and

      (iv) became licensed in the other state after meeting, in that state, requirements that are at least equivalent to the licensing requirements of this State, including the number of years of work experience equivalent to the experience required under § 9A-302(b), (c), and (d) of this subtitle.

(c) Reciprocity. -- The Board may grant a waiver only if the state in which the applicant is licensed waives the examination of licensees of this State to a similar extent as this State waives the examination requirements for individuals licensed in that state.

(d) Waiver for BRAC applicants. --

   (1) In this subsection, "BRAC" means the Base Realignment and Closure process as announced by the United States Department of Defense.

   (2) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the Board shall grant a waiver to an applicant who files a request before July 1, 2012, if the applicant:

      (i) pays the appropriate application fee required under § 9A-207 of this title;

      (ii) holds an active Virginia license in good standing that is equivalent to the State license;

      (iii) has experience in the provision of heating, ventilation, air-conditioning, or refrigeration services that meets the time requirements of § 9A-302 of this subtitle; and

      (iv) has relocated to the State as a family member of a BRAC employee.

HISTORY: 1992, ch. 649; 1998, ch. 49; 1999, ch. 475; 2004, ch. 25, § 6; 2009, ch. 731.