In every state, there is a government agency that sells licenses to a select list of occupations that the government has deemed necessary. The claim is made that they are trying to protect consumers and the public, but the reality is very different. In Virginia, this agency is called the Department of Professional and Occupational Regulation (DPOR). My goal in this article is to present ideas on why this department should be abolished with all due haste.
When you look at the website for the DPOR (www.dpor.virginia.gov/) the site seems to be looking out for the public. There are Consumer Guides and a place to register complaints. Various boards have been setup to oversee different industries and professions.
The list of professions that the DPOR oversees is quite varied. On the surface, there are a few professions that seem like they need some kind of oversight. Like Architects, I mean, we can’t have buildings collapsing. Everyone knows that Contractors can’t be trusted, so clearly they are on the list. There are some professions that are in a gray area, like Soil Scientists and Surveyors. And there are some that are completely ridiculous, like Barbers, Athlete Agents, Wax Technicians and Professional Wrestlers. Once you start to poke holes through some of the professions that are regulated, you see the reality, that this department only protects existing businesses, stifles innovation and keeps the working class from improving their lot in life.
The main goal of the government is to take as much money from you as possible without causing an uprising. The cost of a license for a Professional Wrestler is $40 while a Lead Abatement Contractor will pay $110. While neither is exorbitant, it is an added cost for the person which means that they either have to charge their customer more or eat that cost themselves. In either event, all this fee does is provide a bureaucrat with a job that allows them to file some paperwork that will most likely never be looked again and sending their payment to the state’s coffers. The idea that a Master Barber could use his $172 to buy new equipment or pay for advertising doesn’t cross the mind of the burueacrat, he feels that he is entitled to that money because it is the cost of doing business in Virginia.
The second goal of government is to keep a loyal cadre of supporters close to its bosom in order to promote and protect the government’s interests. The DPOR does this by keeping these industries closed to newcomers. While the DPOR has the ability to grant licenses, they also have the ability to deny licenses. They can claim that they are protecting customers or limiting unnecessary competetion or they can simply blame a technicality, but the DPOR is a gatekeeper that keeps vested interests in business and can keep any new ventures out of business.
The third goal of government is to keep a significant portion of the population poor and looking for handouts. This will ensure that they remain loyal to the government that provides money for food, shelter, etc. The government will go to great lengths to keep the poor as poor as possible. The DPOR has several methods to meet this goal.
One of the main walls that the DPOR has put up is education and testing requirements. A cosmetologist not only needs to pay $172 to take an exam, but they also have to complete a course at a certified cosmetology school within the state. A person could be fantastic at the actual skills required to do this job, but not a particularly good test taker. Or they might not have the means to pay for a certified course. Now this person is unable to move up in the world and potentially increase their income, job opportunites and job satisfaction just because the government has put a roadblock in their way.
While reading through the 4-page form that needs to be filled out (another roadblock), you will come across questions that specifically target people that have had trouble with the law:
“Have you ever been convicted or found guilty, regardless of the manner of adjudication, in any jurisdiction of the United States of any felony? Any plea of nolo contendere shall be considered a conviction”
“Have you been convicted or found guilty, regardless of the manner of adjudication, in any jurisdiction of the United States of any misdemeanor involving moral turpitude, sexual offense, non-marijuana drug distribution or physical injury within the last two (2) years?”
These two questions hinder the ability of people that are trying to rebuild their life to start a career in the field of their choice. If a person has served time, or paid another kind of penalty, for a crime that was committed, that’s fine, but the government should not continue to punish people after the fact. If a company wants to hire someone as a barber, optician, or interior designer, it should be based on the person’s qualifications and the employer’s needs, not on a government bureaucrat’s form.
The final roadblock that the DPOR has in place is the use of force. Governments always like to hang this one over the heads of their subjects. The DPOR has the ability to investigate and punish any infractions that come to their attention. If you cut someone’s hair in your kitchen for money, that’s against the law. If you fail to file your paperwork on time, there are penalties that can lead all the way to your business being shut down.
So, what is the alternative? If government won’t protect us, then who will? The answer is the Free Market. If a tattoo artist gives bad tattoos, people will stop spending their money at that business and it will go out of business. If a boxer breaks the rules and hurts another boxer, then other boxers will refuse to fight them. The Free Market will also benefit those that do a great job. Businesses that provide the right service at the right price will grow and hire more employees, buy more products and service more customers. And all of these transactions will be 100% voluntary, so either party has the right to take their business (or money) elsewhere.
Also, there are already various industry groups and organizations that different businesses belong to that can help to assuage anyone’s fears. If you are looking for a real estate agent, you can search for members of the National Association of Realtors. If you need an auctioneer, you have the National Auctioneers Association. These groups exist to promote their members and would be a great, voluntary, alternative to the DPOR.
Finally, I would like to point out that the regulations and fees that the DPOR has in place in no way guarantee a quality product. I regularly see people with mullets that were probably cut by a certified hair stylist. We have all seen awful tattoos and piercings that shouldn’t exist. Contractors and plumbers still screw over their customers by charging them too much for the service they provide. Let’s get rid of the DPOR so that the extra competition can push these inferior businesses our of the market.