{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3126.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3126.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3126.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3126.html"}],"law_id":61816,"edition_id":1,"section_id":61816,"structure_id":15407,"section_number":"2.2-3126","catch_line":"Enforcement","history":"1987, Sp. Sess., c. 1, \u00a7 2.1-639.23; 2001, c. 844; 2003, c. 694.","full_text":"A\n\nThe provisions of this chapter relating to an officer or employee serving at the state level of government shall be enforced by the Attorney General.\n\t\t\tIn addition to any other powers and duties prescribed by law, the Attorney General shall have the following powers and duties within the area for which he is responsible under this section:1\n\nHe shall advise the agencies of state government and officers and employees serving at the state level of government on appropriate procedures for complying with the requirements of this chapter. He may review any disclosure statements, without notice to the affected person, for the purpose of determining satisfactory compliance, and shall investigate matters that come to his attention reflecting possible violations of the provisions of this chapter by officers and employees serving at the state level of government;2\n\nIf he determines that there is a reasonable basis to conclude that any officer or employee serving at the state level of government has knowingly violated any provision of this chapter, he shall designate an attorney for the Commonwealth who shall have complete and independent discretion in the prosecution of such officer or employee;3\n\nHe shall render advisory opinions to any state officer or employee who seeks advice as to whether the facts in a particular case would constitute a violation of the provisions of this chapter. He shall determine which opinions or portions thereof are of general interest to the public and may, from time to time, be published.\n\t\t\t\tIrrespective of whether an opinion of the Attorney General has been requested and rendered, any person has the right to seek a declaratory judgment or other judicial relief as provided by law.B\n\nThe provisions of this chapter relating to an officer or employee serving at the local level of government shall be enforced by the attorney for the Commonwealth within the political subdivision for which he is elected.\n\t\t\tEach attorney for the Commonwealth shall be responsible for prosecuting violations by an officer or employee serving at the local level of government and, if the Attorney General designates such attorney for the Commonwealth, violations by an officer or employee serving at the state level of government. In the event the violation by an officer or employee serving at the local level of government involves more than one local jurisdiction, the Attorney General shall designate which of the attorneys for the Commonwealth of the involved local jurisdictions shall enforce the provisions of this chapter with regard to such violation.\n\t\t\tEach attorney for the Commonwealth shall establish an appropriate written procedure for implementing the disclosure requirements of local officers and employees of his county, city or town, and for other political subdivisions, whose principal offices are located within the jurisdiction served by such attorney for the Commonwealth. The attorney for the Commonwealth shall provide a copy of this act to all local officers and employees in the jurisdiction served by such attorney who are required to file a disclosure statement pursuant to Article 5 (§ 2.2-3113 et seq.) of this chapter. Failure to receive a copy of the act shall not be a defense to such officers and employees if they are prosecuted for violations of the act.\n\t\t\tEach attorney for the Commonwealth shall render advisory opinions as to whether the facts in a particular case would constitute a violation of the provisions of this chapter to the governing body and any local officer or employee in his jurisdiction and to political subdivisions other than a county, city or town, including regional political subdivisions whose principal offices are located within the jurisdiction served by such attorney for the Commonwealth. If the advisory opinion is written, then such written opinion shall be a public record and shall be released upon request. In case the opinion given by the attorney for the Commonwealth indicates that the facts would constitute a violation, the officer or employee affected thereby may request that the Attorney General review the opinion. A conflicting opinion by the Attorney General shall act to revoke the opinion of the attorney for the Commonwealth. The Attorney General shall determine which of his reviewing opinions or portions thereof are of general interest to the public and may, from time to time, be published.\n\t\t\tIrrespective of whether an opinion of the attorney for the Commonwealth or the Attorney General has been requested and rendered, any person has the right to seek a declaratory judgment or other judicial relief as provided by law.","order_by":null,"text":{"0":{"id":225740,"text":"The provisions of this chapter relating to an officer or employee serving at the state level of government shall be enforced by the Attorney General.\n\t\t\tIn addition to any other powers and duties prescribed by law, the Attorney General shall have the following powers and duties within the area for which he is responsible under this section:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":225741,"text":"He shall advise the agencies of state government and officers and employees serving at the state level of government on appropriate procedures for complying with the requirements of this chapter. He may review any disclosure statements, without notice to the affected person, for the purpose of determining satisfactory compliance, and shall investigate matters that come to his attention reflecting possible violations of the provisions of this chapter by officers and employees serving at the state level of government;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":225742,"text":"If he determines that there is a reasonable basis to conclude that any officer or employee serving at the state level of government has knowingly violated any provision of this chapter, he shall designate an attorney for the Commonwealth who shall have complete and independent discretion in the prosecution of such officer or employee;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":225743,"text":"He shall render advisory opinions to any state officer or employee who seeks advice as to whether the facts in a particular case would constitute a violation of the provisions of this chapter. He shall determine which opinions or portions thereof are of general interest to the public and may, from time to time, be published.\n\t\t\t\tIrrespective of whether an opinion of the Attorney General has been requested and rendered, any person has the right to seek a declaratory judgment or other judicial relief as provided by law.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":225744,"text":"The provisions of this chapter relating to an officer or employee serving at the local level of government shall be enforced by the attorney for the Commonwealth within the political subdivision for which he is elected.\n\t\t\tEach attorney for the Commonwealth shall be responsible for prosecuting violations by an officer or employee serving at the local level of government and, if the Attorney General designates such attorney for the Commonwealth, violations by an officer or employee serving at the state level of government. In the event the violation by an officer or employee serving at the local level of government involves more than one local jurisdiction, the Attorney General shall designate which of the attorneys for the Commonwealth of the involved local jurisdictions shall enforce the provisions of this chapter with regard to such violation.\n\t\t\tEach attorney for the Commonwealth shall establish an appropriate written procedure for implementing the disclosure requirements of local officers and employees of his county, city or town, and for other political subdivisions, whose principal offices are located within the jurisdiction served by such attorney for the Commonwealth. The attorney for the Commonwealth shall provide a copy of this act to all local officers and employees in the jurisdiction served by such attorney who are required to file a disclosure statement pursuant to Article 5 (§ 2.2-3113 et seq.) of this chapter. Failure to receive a copy of the act shall not be a defense to such officers and employees if they are prosecuted for violations of the act.\n\t\t\tEach attorney for the Commonwealth shall render advisory opinions as to whether the facts in a particular case would constitute a violation of the provisions of this chapter to the governing body and any local officer or employee in his jurisdiction and to political subdivisions other than a county, city or town, including regional political subdivisions whose principal offices are located within the jurisdiction served by such attorney for the Commonwealth. If the advisory opinion is written, then such written opinion shall be a public record and shall be released upon request. In case the opinion given by the attorney for the Commonwealth indicates that the facts would constitute a violation, the officer or employee affected thereby may request that the Attorney General review the opinion. A conflicting opinion by the Attorney General shall act to revoke the opinion of the attorney for the Commonwealth. The Attorney General shall determine which of his reviewing opinions or portions thereof are of general interest to the public and may, from time to time, be published.\n\t\t\tIrrespective of whether an opinion of the attorney for the Commonwealth or the Attorney General has been requested and rendered, any person has the right to seek a declaratory judgment or other judicial relief as provided by law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3"}},"ancestry":[{"id":15407,"edition_id":1,"name":"Penalties and Remedies","identifier":"7","label":"article","depth":5,"order_by":1,"parent_id":14113,"metadata":{},"date_created":"2026-06-26 03:54:42","date_modified":"2026-06-26 03:54:42","permalink":{"id":176165,"object_type":"structure","relational_id":15407,"identifier":"7","token":"2.2\/I\/E\/31\/7","url":"\/2.2\/I\/E\/31\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14113,"edition_id":1,"name":"State and Local Government Conflict of Interests Act","identifier":"31","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:46:54","date_modified":"2026-06-26 03:46:54","permalink":{"id":176023,"object_type":"structure","relational_id":14113,"identifier":"31","token":"2.2\/I\/E\/31","url":"\/2.2\/I\/E\/31\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13049,"edition_id":1,"name":"State Officers and Employees","identifier":"E","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":175733,"object_type":"structure","relational_id":13049,"identifier":"E","token":"2.2\/I\/E","url":"\/2.2\/I\/E\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68925,"structure_id":15407,"section_number":"2.2-3120","catch_line":"Knowing violation of chapter a misdemeanor","url":"\/2.2-3120\/","token":"2.2\/I\/E\/31\/7\/2.2-3120","metadata":false},{"id":65431,"structure_id":15407,"section_number":"2.2-3121","catch_line":"Advisory opinions","url":"\/2.2-3121\/","token":"2.2\/I\/E\/31\/7\/2.2-3121","metadata":false},{"id":72453,"structure_id":15407,"section_number":"2.2-3122","catch_line":"Knowing violation of chapter constitutes malfeasance in office or employment","url":"\/2.2-3122\/","token":"2.2\/I\/E\/31\/7\/2.2-3122","metadata":false},{"id":86218,"structure_id":15407,"section_number":"2.2-3123","catch_line":"Invalidation of contract; recision of sales","url":"\/2.2-3123\/","token":"2.2\/I\/E\/31\/7\/2.2-3123","metadata":false},{"id":72846,"structure_id":15407,"section_number":"2.2-3124","catch_line":"Civil penalty from violation of this chapter","url":"\/2.2-3124\/","token":"2.2\/I\/E\/31\/7\/2.2-3124","metadata":false},{"id":77536,"structure_id":15407,"section_number":"2.2-3125","catch_line":"Limitation of actions","url":"\/2.2-3125\/","token":"2.2\/I\/E\/31\/7\/2.2-3125","metadata":false},{"id":61816,"structure_id":15407,"section_number":"2.2-3126","catch_line":"Enforcement","url":"\/2.2-3126\/","token":"2.2\/I\/E\/31\/7\/2.2-3126","metadata":false},{"id":58676,"structure_id":15407,"section_number":"2.2-3127","catch_line":"Venue","url":"\/2.2-3127\/","token":"2.2\/I\/E\/31\/7\/2.2-3127","metadata":false}],"previous_section":{"id":77536,"structure_id":15407,"section_number":"2.2-3125","catch_line":"Limitation of actions","url":"\/2.2-3125\/","token":"2.2\/I\/E\/31\/7\/2.2-3125","metadata":false},"next_section":{"id":58676,"structure_id":15407,"section_number":"2.2-3127","catch_line":"Venue","url":"\/2.2-3127\/","token":"2.2\/I\/E\/31\/7\/2.2-3127","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3126\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 844<\/a>; in 2003, chapter 694<\/a>.<\/p>","references":[{"id":84966,"section_number":"15.2-1627","catch_line":"Duties of attorneys for the Commonwealth and their assistants","order_by":null,"url":"\/15.2-1627\/"},{"id":85544,"section_number":"2.2-3104","catch_line":"Prohibited conduct for certain officers and employees of state government","order_by":null,"url":"\/2.2-3104\/"},{"id":63141,"section_number":"2.2-3104.02","catch_line":"Prohibited conduct for constitutional officers","order_by":null,"url":"\/2.2-3104.02\/"}],"refers_to":[{"id":64902,"section_number":"2.2-3113","catch_line":"Application","order_by":null,"url":"\/2.2-3113\/"}],"permalink":{"id":176191,"object_type":"law","relational_id":61816,"identifier":"2.2-3126","token":"2.2\/I\/E\/31\/7\/2.2-3126","url":"\/2.2-3126\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3126\/","token":"2.2\/I\/E\/31\/7\/2.2-3126","dublin_core":{"Title":"Enforcement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3126","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The provisions of this chapter relating to an officer<\/span> or employee<\/span> serving at the state level of government shall be enforced by the Attorney General<\/span>.\n\t\t\tIn addition to any other powers and duties prescribed by law<\/span>, the Attorney General<\/span> shall have the following powers and duties within the area for which he is responsible under this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> He shall advise the agencies of state government and officers<\/span> and employees<\/span> serving at the state level of government on appropriate procedures for complying with the requirements of this chapter. He may review any disclosure statements<\/span>, without notice to the affected person, for the purpose of determining satisfactory compliance, and shall investigate matters that come to his attention reflecting possible violations of the provisions of this chapter by officers<\/span> and employees<\/span> serving at the state level of government; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If he determines that there is a reasonable basis to conclude that any officer<\/span> or employee<\/span> serving at the state level of government has knowingly violated any provision of this chapter, he shall designate an attorney for the Commonwealth who shall have complete and independent discretion in the prosecution<\/span> of such officer<\/span> or employee<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> He shall render advisory opinions<\/span> to any state officer<\/span> or employee<\/span> who seeks advice as to whether the facts<\/span> in a particular case would constitute a violation of the provisions of this chapter. He shall determine which opinions<\/span> or portions thereof are of general interest to the public and may, from time to time, be published.\n\t\t\t\tIrrespective of whether an opinion<\/span> of the Attorney General<\/span> has been requested and rendered, any person has the right to seek a declaratory judgment<\/span> or other judicial relief as provided by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this chapter relating to an officer<\/span> or employee<\/span> serving at the local level of government shall be enforced by the attorney for the Commonwealth within the political subdivision for which he is elected.\n\t\t\tEach attorney for the Commonwealth shall be responsible for prosecuting violations by an officer<\/span> or employee<\/span> serving at the local level of government and, if the Attorney General<\/span> designates such attorney for the Commonwealth, violations by an officer<\/span> or employee<\/span> serving at the state level of government. In the event the violation by an officer<\/span> or employee<\/span> serving at the local level of government involves more than one local jurisdiction<\/span>, the Attorney General<\/span> shall designate which of the attorneys for the Commonwealth of the involved local jurisdictions<\/span> shall enforce the provisions of this chapter with regard to such violation.\n\t\t\tEach attorney for the Commonwealth shall establish an appropriate written procedure for implementing the disclosure requirements of local officers<\/span> and employees<\/span> of his county, city or town, and for other political subdivisions, whose principal offices are located within the jurisdiction<\/span> served by such attorney for the Commonwealth. The attorney for the Commonwealth shall provide a copy of this act to all local officers<\/span> and employees<\/span> in the jurisdiction<\/span> served by such attorney who are required to file a disclosure statement<\/span> pursuant to Article 5 (§ 2.2-3113<\/a> et seq.) of this chapter. Failure to receive a copy of the act shall not be a defense to such officers<\/span> and employees<\/span> if they are prosecuted for violations of the act.\n\t\t\tEach attorney for the Commonwealth shall render advisory opinions<\/span> as to whether the facts<\/span> in a particular case would constitute a violation of the provisions of this chapter to the governing body and any local officer<\/span> or employee<\/span> in his jurisdiction<\/span> and to political subdivisions other than a county, city or town, including regional political subdivisions whose principal offices are located within the jurisdiction<\/span> served by such attorney for the Commonwealth. If the advisory opinion<\/span> is written, then such written opinion<\/span> shall be a public record and shall be released upon request. In case the opinion<\/span> given by the attorney for the Commonwealth indicates that the facts<\/span> would constitute a violation, the officer<\/span> or employee<\/span> affected thereby may request that the Attorney General<\/span> review the opinion<\/span>. A conflicting opinion<\/span> by the Attorney General<\/span> shall act to revoke the opinion<\/span> of the attorney for the Commonwealth. The Attorney General<\/span> shall determine which of his reviewing opinions<\/span> or portions thereof are of general interest to the public and may, from time to time, be published.\n\t\t\tIrrespective of whether an opinion<\/span> of the attorney for the Commonwealth or the Attorney General<\/span> has been requested and rendered, any person has the right to seek a declaratory judgment<\/span> or other judicial relief as provided by law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT (\u00a7 2.2-3126)\n\nA. The provisions of this chapter relating to an officer or employee serving at\nthe state level of government shall be enforced by the Attorney General.\n\t\t\tIn addition to any other powers and duties prescribed by law, the Attorney\nGeneral shall have the following powers and duties within the area for which he\nis responsible under this section:\n\n 1. He shall advise the agencies of state government and officers and employees\n serving at the state level of government on appropriate procedures for\n complying with the requirements of this chapter. He may review any disclosure\n statements, without notice to the affected person, for the purpose of\n determining satisfactory compliance, and shall investigate matters that come\n to his attention reflecting possible violations of the provisions of this\n chapter by officers and employees serving at the state level of government;\n\n 2. If he determines that there is a reasonable basis to conclude that any\n officer or employee serving at the state level of government has knowingly\n violated any provision of this chapter, he shall designate an attorney for the\n Commonwealth who shall have complete and independent discretion in the\n prosecution of such officer or employee;\n\n 3. He shall render advisory opinions to any state officer or employee who\n seeks advice as to whether the facts in a particular case would constitute a\n violation of the provisions of this chapter. He shall determine which opinions\n or portions thereof are of general interest to the public and may, from time\n to time, be published.\n \t\t\t\tIrrespective of whether an opinion of the Attorney General has been\n requested and rendered, any person has the right to seek a declaratory\n judgment or other judicial relief as provided by law.\n\nB. The provisions of this chapter relating to an officer or employee serving at\nthe local level of government shall be enforced by the attorney for the\nCommonwealth within the political subdivision for which he is elected.\n\t\t\tEach attorney for the Commonwealth shall be responsible for prosecuting\nviolations by an officer or employee serving at the local level of government\nand, if the Attorney General designates such attorney for the Commonwealth,\nviolations by an officer or employee serving at the state level of government.\nIn the event the violation by an officer or employee serving at the local level\nof government involves more than one local jurisdiction, the Attorney General\nshall designate which of the attorneys for the Commonwealth of the involved\nlocal jurisdictions shall enforce the provisions of this chapter with regard to\nsuch violation.\n\t\t\tEach attorney for the Commonwealth shall establish an appropriate written\nprocedure for implementing the disclosure requirements of local officers and\nemployees of his county, city or town, and for other political subdivisions,\nwhose principal offices are located within the jurisdiction served by such\nattorney for the Commonwealth. The attorney for the Commonwealth shall provide a\ncopy of this act to all local officers and employees in the jurisdiction served\nby such attorney who are required to file a disclosure statement pursuant to\nArticle 5 (§ 2.2-3113 et seq.) of this chapter. Failure to receive a copy\nof the act shall not be a defense to such officers and employees if they are\nprosecuted for violations of the act.\n\t\t\tEach attorney for the Commonwealth shall render advisory opinions as to\nwhether the facts in a particular case would constitute a violation of the\nprovisions of this chapter to the governing body and any local officer or\nemployee in his jurisdiction and to political subdivisions other than a county,\ncity or town, including regional political subdivisions whose principal offices\nare located within the jurisdiction served by such attorney for the\nCommonwealth. If the advisory opinion is written, then such written opinion\nshall be a public record and shall be released upon request. In case the opinion\ngiven by the attorney for the Commonwealth indicates that the facts would\nconstitute a violation, the officer or employee affected thereby may request\nthat the Attorney General review the opinion. A conflicting opinion by the\nAttorney General shall act to revoke the opinion of the attorney for the\nCommonwealth. The Attorney General shall determine which of his reviewing\nopinions or portions thereof are of general interest to the public and may, from\ntime to time, be published.\n\t\t\tIrrespective of whether an opinion of the attorney for the Commonwealth or\nthe Attorney General has been requested and rendered, any person has the right\nto seek a declaratory judgment or other judicial relief as provided by law.\n\nHISTORY: 1987, Sp. Sess., c. 1, \u00a7 2.1-639.23; 2001, c. 844; 2003, c. 694.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}