Code of Virginia
Chapter 11 - Contractors
§ 54.1-1122. Consideration of applications for payment

A. The claimant shall submit the following supporting documentation with the claim:
1. Copies of the contract with the regulant and all written change orders to the contract. If no written contract between the regulant and the claimant is available, the claimant may submit an affidavit attesting to the terms of the agreement, promise, or other contractual obligation;
2. All pleadings or other documents filed with the court from which judgment was obtained;
3. All orders and opinions of the court from which judgment was obtained, including the final judgment order;
4. The transcript of the debtor's interrogatories, if conducted, or if no transcript is available, a sworn affidavit affirming that debtor's interrogatories were conducted, or evidence that debtor's interrogatories were attempted if not conducted; a description of assets of the judgment debtor disclosed in the debtor's interrogatories; and a description of all steps taken for the sale or application of those disclosed assets in whole or partial satisfaction of the judgment, or a statement why no means are legally available for the sale or application of those disclosed assets, or a statement that the value of the disclosed assets is less than the cost of levying upon and selling such assets including reasonable estimates of the fair market value of the disclosed assets and costs of levying upon selling such assets;
5. A statement of the balance of the judgment remaining unpaid at the time the claim is submitted to the Department, and a statement that the claimant agrees to notify the Department of any additional payment that may be received in whole or partial satisfaction of the judgment during the pendency of the claim before the Board; and
6. Any other documentary evidence or exhibits the claimant wishes the Board to consider with the claim.
B. The Department shall promptly consider the verified claim of the claimant administratively. If the claim form is incomplete or not properly notarized, or if all required supporting documentation is not included with the claim, then the Department may provide the claimant with notice of any deficiency and an additional opportunity to submit a corrected verified claim. The burden shall be on the claimant to comply with all claim requirements and to submit the necessary documentation within 12 months of the initial claim submission. Once the Department confirms that the verified claim is complete, it shall present such verified claim, along with a recommendation regarding payment, to the Board for the Board's consideration and shall notify the claimant of the Board's recommendation.
C. The Department's and Board's consideration of the claim shall be based solely on the contents of the verified claim. Neither an informal fact-finding conference pursuant to § 2.2-4019 nor a formal hearing pursuant to § 2.2-4020 shall be required, unless requested by the claimant.
D. A claimant shall not be denied recovery from the Fund due to the fact that order for judgment filed with the verified claim does not contain a specific finding of "improper or dishonest conduct." Any language in the order that supports the conclusion that the court found that the conduct of the regulant meets the definition of "improper or dishonest conduct" in § 54.1-1118 shall be used by the Board to determine eligibility for recovery from the Fund. To the extent the judgment order is silent as to the court's findings on the conduct of the regulant, the Board may determine whether the conduct of the regulant meets the definition of improper or dishonest conduct by substantial evidence in the verified claim.
E. If the Board finds there has been compliance with the required conditions, the Board shall issue a directive ordering payment from the fund to the claimant the amount remaining unpaid on the judgment, subject to the limitations set forth in § 54.1-1123. The claimant shall be notified in writing of the findings of the Board. The Board's findings shall be considered a "case decision" and judicial review of these findings shall be in accordance with § 2.2-4025 of the Administrative Process Act (§ 2.2-4000 et seq.). Notwithstanding any other provision of law, the Board shall have the right to appeal a decision of any court which is contrary to any distribution recommended or authorized by it.
1980, c. 635, § 54-145.3:4; 1984, c. 270; 1987, c. 555; 1988, c. 765; 2006, c. 723; 2013, c. 343; 2017, c. 572.

Structure Code of Virginia

Code of Virginia

Title 54.1 - Professions and Occupations

Chapter 11 - Contractors

§ 54.1-1100. Definitions

§ 54.1-1101. Exemptions; failure to obtain certificate of occupancy; penalties

§ 54.1-1102. Board for Contractors membership; offices; meetings; seal; record

§ 54.1-1103. Necessity for license; requirements for water well drillers and landscape irrigation contractors; exemption

§ 54.1-1104. Register of applicants

§ 54.1-1105. Repealed

§ 54.1-1106. Application for Class A license; fees; examination; issuance

§ 54.1-1106.1. Violations of certain State Board of Health regulations; penalty

§ 54.1-1106.2. Additional monetary penalty for certain violations

§ 54.1-1107. Repealed

§ 54.1-1108. Application for Class B license; fees; examination; issuance

§ 54.1-1108.1. Waiver of examination; designated employee; Board regulations

§ 54.1-1108.2. Application for Class C license; fees; issuance

§ 54.1-1109. Expiration and renewal of license or certificate

§ 54.1-1110. Grounds for denial or revocation of license or certificate

§ 54.1-1110.1. Re-examination of designated employee

§ 54.1-1111. Prerequisites to obtaining business license; building, etc., permit

§ 54.1-1112. Invitations to bid and specifications to refer to law

§ 54.1-1113. Nonresident bidders to appoint statutory agent for service of process

§ 54.1-1114. Filing and hearing of charges

§ 54.1-1115. Prohibited acts

§ 54.1-1115.01. Responsibility for contracting with persons lacking the proper credential

§ 54.1-1115.1. Evidence of violation of the Virginia Uniform Statewide Building Code

§ 54.1-1116. Repealed

§ 54.1-1117. Licensing of certain contractors by localities; qualifications and procedure; registration of certain persons engaged in business of home improvement; civil penalty

§ 54.1-1118. Definitions

§ 54.1-1119. Assessments by Director; assignment to Fund; minimum balance; notice; penalties; costs of administration

§ 54.1-1120. Recovery from Fund generally

§ 54.1-1120.1. Recovery on bond

§ 54.1-1121. Investigations

§ 54.1-1122. Consideration of applications for payment

§ 54.1-1123. Limitations upon recovery from Fund; certain actions not a bar to recovery

§ 54.1-1124. Participation by Board or Director in proceeding

§ 54.1-1125. Assignment of claimant's rights to Board; payment of claim

§ 54.1-1126. Repealed

§ 54.1-1127. No waiver by Board of disciplinary action against regulant

§ 54.1-1128. Definitions

§ 54.1-1129. Necessity for licensure

§ 54.1-1129.1. Certification of water well systems providers; continuing education

§ 54.1-1130. Application for licensure; fees; examinations; issuance; waiver of examination for water well systems providers

§ 54.1-1131. Exemptions

§ 54.1-1132. Expiration and renewal of license or certificate

§ 54.1-1133. Continuing education

§ 54.1-1134. Grounds for denial or revocation of certification or license; reports of building officials and others

§ 54.1-1135. Prohibited acts

§ 54.1-1140. Definitions

§ 54.1-1141. Certification required; exemption

§ 54.1-1142. Issuance of certification; emergency certification

§ 54.1-1142.1. Certifications in event of declared emergency

§ 54.1-1142.2. Certifications in event of shortage of elevator mechanics

§ 54.1-1143. Continuing education

§ 54.1-1144. Definitions

§ 54.1-1145. License required

§ 54.1-1146. Additional powers of the Board

§ 54.1-1147. Certified automatic fire sprinkler inspector

§ 54.1-1148. Continuing education