Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual provides or assists in providing heating, ventilation, air–conditioning, or refrigeration services in the State.

To qualify for an apprentice, journeyman, journeyman restricted, master, master restricted, or limited license, an applicant shall meet the requirements of this section. An applicant for a master heating, ventilation, air-conditioning, and refrigeration contractor license shall: have been regularly and principally employed in providing heating, ventilation, air-conditioning, or refrigeration services under a journeyman, journeyman restricted, limited, or master restricted license for not less than 3 years of active experience under the direction and control of a master heating, ventilation, air-conditioning, and refrigeration contractor and have been so employed for not less than 1,875 hours in the year prior to application; and pass an examination administered by the Board. An applicant for a master restricted heating, ventilation, air-conditioning, and refrigeration contractor license shall: have been regularly and principally employed in providing refrigeration, air-conditioning, forced air heating, hydronic heating, or ventilation services under a journeyman, journeyman restricted, limited, or master restricted license for not less than 3 years of active experience under the direction and control of a master or master restricted heating, ventilation, air-conditioning, and refrigeration contractor and have been so employed for not less than 1,875 hours in the year prior to application; and pass an examination administered by the Board. An applicant for a limited heating, ventilation, air-conditioning, and refrigeration license shall: have been regularly and principally employed in providing forced air heating, hydronic heating, ventilation, air-conditioning, or refrigeration services under a journeyman license for not less than 2 years of active experience under the direction and control of the holder of a master, master restricted, or limited license under this title, and have been so employed for not less than 1,000 hours in the year prior to application; and pass an examination administered by the Board. An applicant for a journeyman license shall: have held, for a period of at least 4 years, an apprentice license, and during that period shall have completed at least 6,000 hours of training in providing heating, ventilation, air–conditioning, and refrigeration services under the direction and control of a licensed contractor; and pass an examination administered by the Board. An applicant for a journeyman restricted license shall: have held, for a period of at least 3 years, an apprentice license, and during that period shall have completed at least 1,875 hours of training in providing forced air heating, hydronic heating, ventilation, air-conditioning, or refrigeration services under the direction and control of a licensed contractor; and pass an examination administered by the Board. The Board may credit not more than 3 years of formal course of study or professional training in heating, ventilation, air-conditioning, or refrigeration services if, in the opinion of the Board, the study or training provided comparable experience. The Board may credit not more than 6 years of work experience in heating, ventilation, air-conditioning, or refrigeration services that fails to meet the requirements of subsection (b)(1), (c)(1), (d)(1), (e)(1), or (f)(1) of this section if, in the opinion of the Board: the work provided comparable experience; and the failure of the applicant to meet the requirements is not attributable to fault or neglect on the part of the applicant. The Board shall credit not more than 3 years of work experience in heating, ventilation, air-conditioning, or refrigeration services to any applicant under this section who has been teaching formal courses of study in heating, ventilation, air-conditioning, or refrigeration services for purposes of satisfying the requirements of subsections (b)(1), (c)(1), (d)(1), (e)(1), or (f)(1) of this section.

An applicant for a license shall: submit an application to the Board in the form that the Board provides; and pay to the Board or the Board’s designee an examination fee established by the Board in an amount not to exceed the cost of the examination.

An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section. The Board shall offer examinations to applicants at least twice annually, at places within the State and at times that the Board determines. The Board shall mail or electronically transmit written notice of the date, hour, and place of examination to each applicant for a license who is required to pass the examination. The Board shall determine the subjects, scope, and form of and the passing score for examinations given under this title. The Board shall provide examination questions that test the competency and qualifications of the applicant. An applicant for a master restricted, journeyman restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license shall be examined only on subjects in which the applicant has the experience required under § 9A-302 of this subtitle. To take an examination, an applicant shall pay to the Board or a testing service chosen by the Board the examination fee set by the Board in an amount not to exceed the cost of the examination. The Board may use a testing service to administer the examinations given under this title. If the Board uses a testing service, the testing service, subject to requirements set by the Board, may: set the time and place of examinations; give qualified applicants notice of the time and place of examinations; and furnish any other information that the Board may require the testing service to provide.

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. The Board may grant a waiver under this section only if the applicant: pays the appropriate application fee required by § 9A–207 of this title; and provides adequate evidence that the applicant: meets the qualifications otherwise required by this title; holds an active license in good standing in the other state; holds a license that is equivalent to the State license; and 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. 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. In this subsection, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense. 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: pays the appropriate application fee required under § 9A–207 of this title; holds an active Virginia license in good standing that is equivalent to the State license; 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 has relocated to the State as a family member of a BRAC employee.

The Board shall issue without examination a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license to any licensee holding a current, active or inactive master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license, or a similar license issued by a subdivision of the State, if the licensee: files an application for a license under this title by 1 year after the date that the members of the Board are appointed; and submits with the application the prescribed fee and proof of eligibility required by the Board. The Board shall issue without examination a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license, whether a subdivision of the State requires a local license or not, to an individual who: has lawfully provided heating, ventilation, air-conditioning, or refrigeration services in a subdivision of the State for at least 5 years immediately prior to 1 year after the date the members of the Board are appointed; files an application for a license under this title prior to 1 year after the date the members of the Board are appointed; and submits with the application the prescribed fee and proof of eligibility required by the Board. The Board shall issue without examination a journeyman license to an individual holding a current, active or inactive, journeyman license, or a similar license issued by a subdivision of the State, if the individual: files an application for a license under this title prior to December 31, 1994; and submits with the application the prescribed fee and proof of eligibility required by the Board. The Board shall issue without examination a journeyman license, whether a subdivision of the State requires a local license or not, to an individual who: has lawfully provided heating, ventilation, air-conditioning, or refrigeration services in a subdivision of the State: under the direction and control of one or more individuals who meet the requirements for a master license under subsection (a) or (b) of this section; and for at least 3 years prior to December 31, 1994; holds an apprentice license at the time of the application; files an application for a license under this title prior to December 31, 1994; and submits with the application the prescribed fee and proof of eligibility required by the Board. The Board shall issue without examination a journeyman license to an individual who has successfully completed an apprentice program in heating, ventilation, air-conditioning, and refrigeration approved by the Apprenticeship and Training Council. The Board shall issue without examination a journeyman restricted license to an individual who has successfully completed an apprentice program in heating, ventilation, air-conditioning, or refrigeration approved by the Apprenticeship and Training Council. All applicants for a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license on or after 1 year after the date the members of the Board are appointed shall submit to examination under this title. The application shall include all information required by the Board regarding proof of eligibility. Except as provided in subsection (e) of this section, all applicants for a journeyman license on or after January 1, 1995 shall submit to examination under this title. The application shall include all information required by the Board regarding proof of eligibility. An applicant who qualifies for a license under subsection (a) or (b) of this section but fails to apply for the license within the 1-year period: may take an examination under this title to be licensed; may not be required to obtain a journeyman license or an apprentice license; and may provide services as a master, master restricted, or limited license holder after obtaining the appropriate license. An individual who holds a limited license or a master restricted license issued under subsection (a) or (b) of this section may take an examination administered by the Board to qualify for a master license or an additional master restricted license without meeting the requirements of § 9A-302 of this subtitle, if the individual: submits to the Board on or before December 31, 1996 an application on the form that the Board provides; and pays to the Board an application fee established by the Board.

To qualify for a license, an applicant shall obtain a grade of at least 70 percent on the examination. The use of unauthorized material or other misbehavior by an applicant during an examination shall cause the immediate rejection of the application and shall bar the applicant from reexamination for at least 1 year. Applicants who have failed an examination or fail to appear for a scheduled examination shall be required to file a new application and pay a new fee. Examination fees shall be nonrefundable. Each applicant who has taken an examination required by this title shall be notified of the grade received on the examination as soon as practicable.

If an applicant passes the examination required by the Board and otherwise qualifies for a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license under this title, the Board shall send the applicant a notice that states: the applicant has qualified for the license; and the Board will issue the license to an applicant on receipt of: proof of insurance as required under § 9A-402 of this title; and a license fee established by the Board. If an applicant passes the examination required by the Board and otherwise qualifies for a journeyman license or journeyman restricted license under this title, the Board shall send the applicant a notice that states: the applicant has qualified for the license; and the Board will issue the license to an applicant on receipt of a license fee established by the Board.

Unless the license is renewed for a 2-year term as provided in this section, a license expires on the first October 1 that comes: after the effective date of the license; and in an odd-numbered year. Before the license expires, the licensee may renew it for an additional 2-year term, if the licensee: otherwise is entitled to be granted a license; pays to the Board a renewal fee established by the Board; and submits: proof of insurance as provided by § 9A-402 of this title; and a renewal application in the form that the Board provides. The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section. At the time of renewal, a licensee who holds a valid heating, ventilation, air-conditioning, and refrigeration contractor license may apply to the Board for inactive status, during which time the licensee may not provide heating, ventilation, air-conditioning, or refrigeration services in the State. If an individual wishes to renew a license on inactive status, the individual shall meet the requirements of subsection (b)(1), (2), and (3)(ii) of this section. To return to active status the licensee must meet the renewal requirements of subsection (b) of this section. Unless a licensee on inactive status renews the license as provided in this section, or reactivates the license as provided in this section, the license expires on the first October 1 that comes: after the inactive status certificate has been issued to the licensee; and in an odd-numbered year. If application for restoration is made within 4 years after expiration of a license, the license may be restored on payment of the required renewal or reinstatement fee. If application for restoration is not made within the 4–year period, the Board may require compliance with the process for initial applications as if the applicant had never been licensed. Except as provided in subsection (g) of this section, a license issued under this title is not transferable. On the death of a licensed heating, ventilation, air-conditioning, and refrigeration contractor, the personal representative of the deceased licensee may retain the license for up to 6 months for the purpose of winding up the business. In cases of extreme hardship, the Board may allow the personal representative to retain the license for an additional period not to exceed 24 months upon a good faith showing that the personal representative has: acted diligently to conclude the business of the deceased licensee; and complied with the provisions of this title. The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.

The Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license after a public hearing conducted in accordance with the provisions of § 9A-311 of this subtitle, if the Board finds that the individual: obtained a license by false or fraudulent representation; transferred the authority granted by the license to another person; willfully or deliberately disregarded and violated the code established by the Board under this title; willfully or deliberately disregarded and violated building codes, electrical codes, or laws of the State or of any municipality, city, or county of the State; under the laws of the United States or of any state, is convicted of: a felony; or a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide heating, ventilation, air-conditioning, or refrigeration services; aided or abetted a person to evade a provision of this title by allowing a license to be used by an unlicensed person, firm, or corporation; willfully or deliberately disregarded disciplinary action taken by a municipality, city, or county against the individual in connection with providing heating, ventilation, air-conditioning, or refrigeration services; abandoned or failed to perform, without justification, any contract or project to provide heating, ventilation, air-conditioning, or refrigeration services; performed work under a heating, ventilation, air-conditioning, or refrigeration services contract or project that is inadequate or incomplete; directly or indirectly published any advertisement relating to the providing of heating, ventilation, air-conditioning, or refrigeration services that contained an insertion, representation, or statement of fact that is false, deceptive, or misleading; made any material misrepresentation in the procurement of a heating, ventilation, air-conditioning, or refrigeration services contract or project; failed in any material respect to comply with the provisions of this title; as the holder of a master restricted, limited, journeyman, or apprentice license, performed heating, ventilation, air-conditioning, or refrigeration services outside the scope of that license; or knowingly allowed or permitted another licensee to perform heating, ventilation, air-conditioning, or refrigeration services outside the scope of that individual’s license. Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $5,000 for each violation. To determine the amount of the penalty imposed under this subsection, the Board shall consider: the seriousness of the violation; the harm caused by the violation; the good faith of the licensee; and any history of previous violations by the licensee. The Board shall pay any penalty collected under this subsection into the General Fund of the State. The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(v) of this section: the nature of the crime; the relationship of the crime to the activities authorized by the license; with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide heating, ventilation, air-conditioning, and refrigeration services; the length of time since the conviction; and the behavior and activities of the applicant or licensee before and after the conviction.

Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Board takes any final action under § 9A-310 of this subtitle, the Board shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. The Board may administer oaths in connection with any proceeding under this section. If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

Any person aggrieved by a final decision of the Board in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.