{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-4215.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-4215.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-4215.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-4215.1.html"}],"law_id":78748,"edition_id":1,"section_id":78748,"structure_id":14890,"section_number":"3.2-4215.1","catch_line":"Authority of Attorney General; audit and investigation","history":"2008, c. 758, \u00a7 3.1-336.13:1.","full_text":"The Attorney General or his authorized representative shall have the authority to:\n\n1\n\nConduct audits and investigations of (i) a nonparticipating manufacturer and its importers or a tobacco product manufacturer as defined in &#xA7; 3.2-4200 that became a participating manufacturer after the Master Settlement execution date, as defined at section II (aa) of the Master Settlement Agreement, and its importers, (ii) exclusive distributors, retail dealers, stamping agents, and wholesale dealers, as defined in &#xA7; 58.1-1000, and (iii) persons or entities engaged in delivery sales as defined in &#xA7; 18.2-246.6; and2\n\nUpon reasonable cause to believe that a violation of this article or of Article 1 (&#xA7; 3.2-4200 et seq.) of this chapter, or of Chapter 10 (&#xA7; 58.1-1000 et seq.) of Title 58.1, or Article 10 (&#xA7; 18.2-246.6 et seq.) of Chapter 6 of Title 18.2 has occurred or is reasonably likely to occur, issue subpoenas, compel the attendance of witnesses, administer oaths, certify to official acts, take depositions within and without the Commonwealth, as now provided by law, and compel the production of pertinent books, payrolls, accounts, papers, records, documents, and testimony relevant to such investigation. If a person refuses, without good cause, to be examined or to answer a legal and pertinent question, or to produce a document or other evidence when ordered to do so by the Attorney General or his authorized representative, the Attorney General or his authorized representative may apply to the judge of the circuit court of the jurisdiction where such person is in attendance or located, upon affidavit, for an order returnable in no less than two nor more than five days, directing such person to show cause why he should not be examined, answer a legal or pertinent question or produce a document, record or other evidence. Upon the hearing of such, if the court determines that such person, without good cause, has refused to be examined or to answer legal or pertinent questions, or to produce a document, record or other evidence, the court may order compliance with the subpoena and assess all costs and reasonable attorney fees against such person. If the motion for an order is granted and the person thereafter fails to comply with the order, the court may make such orders as are provided for in the Rules of the Supreme Court of Virginia. Subpoenas shall be served and witness fees and mileage paid as allowed in civil cases in the circuit courts of the Commonwealth.","order_by":null,"text":{"0":{"id":282138,"text":"The Attorney General or his authorized representative shall have the authority to:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":282139,"text":"Conduct audits and investigations of (i) a nonparticipating manufacturer and its importers or a tobacco product manufacturer as defined in &#xA7; 3.2-4200 that became a participating manufacturer after the Master Settlement execution date, as defined at section II (aa) of the Master Settlement Agreement, and its importers, (ii) exclusive distributors, retail dealers, stamping agents, and wholesale dealers, as defined in &#xA7; 58.1-1000, and (iii) persons or entities engaged in delivery sales as defined in &#xA7; 18.2-246.6; and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":282140,"text":"Upon reasonable cause to believe that a violation of this article or of Article 1 (&#xA7; 3.2-4200 et seq.) of this chapter, or of Chapter 10 (&#xA7; 58.1-1000 et seq.) of Title 58.1, or Article 10 (&#xA7; 18.2-246.6 et seq.) of Chapter 6 of Title 18.2 has occurred or is reasonably likely to occur, issue subpoenas, compel the attendance of witnesses, administer oaths, certify to official acts, take depositions within and without the Commonwealth, as now provided by law, and compel the production of pertinent books, payrolls, accounts, papers, records, documents, and testimony relevant to such investigation. If a person refuses, without good cause, to be examined or to answer a legal and pertinent question, or to produce a document or other evidence when ordered to do so by the Attorney General or his authorized representative, the Attorney General or his authorized representative may apply to the judge of the circuit court of the jurisdiction where such person is in attendance or located, upon affidavit, for an order returnable in no less than two nor more than five days, directing such person to show cause why he should not be examined, answer a legal or pertinent question or produce a document, record or other evidence. Upon the hearing of such, if the court determines that such person, without good cause, has refused to be examined or to answer legal or pertinent questions, or to produce a document, record or other evidence, the court may order compliance with the subpoena and assess all costs and reasonable attorney fees against such person. If the motion for an order is granted and the person thereafter fails to comply with the order, the court may make such orders as are provided for in the Rules of the Supreme Court of Virginia. Subpoenas shall be served and witness fees and mileage paid as allowed in civil cases in the circuit courts of the Commonwealth.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":14890,"edition_id":1,"name":"Enforcement of Requirements for Tobacco Product Manufacturers","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13950,"metadata":{},"date_created":"2026-06-26 03:50:36","date_modified":"2026-06-26 03:50:36","permalink":{"id":196277,"object_type":"structure","relational_id":14890,"identifier":"3","token":"3.2\/III\/42\/3","url":"\/3.2\/III\/42\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13950,"edition_id":1,"name":"Implementation of Tobacco Master Settlement Agreement","identifier":"42","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:46:24","date_modified":"2026-06-26 03:46:24","permalink":{"id":196255,"object_type":"structure","relational_id":13950,"identifier":"42","token":"3.2\/III\/42","url":"\/3.2\/III\/42\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13102,"edition_id":1,"name":"Production and Sale of Agricultural Products","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195443,"object_type":"structure","relational_id":13102,"identifier":"III","token":"3.2\/III","url":"\/3.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80628,"structure_id":14890,"section_number":"3.2-4204","catch_line":"Definitions","url":"\/3.2-4204\/","token":"3.2\/III\/42\/3\/3.2-4204","metadata":false},{"id":56853,"structure_id":14890,"section_number":"3.2-4205","catch_line":"Certifications","url":"\/3.2-4205\/","token":"3.2\/III\/42\/3\/3.2-4205","metadata":false},{"id":76149,"structure_id":14890,"section_number":"3.2-4206","catch_line":"Directory of cigarettes approved for stamping and sale","url":"\/3.2-4206\/","token":"3.2\/III\/42\/3\/3.2-4206","metadata":false},{"id":70883,"structure_id":14890,"section_number":"3.2-4206.01","catch_line":"List of persons ineligible to be authorized holders","url":"\/3.2-4206.01\/","token":"3.2\/III\/42\/3\/3.2-4206.01","metadata":false},{"id":84065,"structure_id":14890,"section_number":"3.2-4206.1","catch_line":"Bond requirement for newly qualified and elevated-risk nonparticipating manufacturers","url":"\/3.2-4206.1\/","token":"3.2\/III\/42\/3\/3.2-4206.1","metadata":false},{"id":74369,"structure_id":14890,"section_number":"3.2-4207","catch_line":"Prohibition against stamping or sale or import of cigarettes not in the Directory","url":"\/3.2-4207\/","token":"3.2\/III\/42\/3\/3.2-4207","metadata":false},{"id":77004,"structure_id":14890,"section_number":"3.2-4208","catch_line":"Agent for service of process","url":"\/3.2-4208\/","token":"3.2\/III\/42\/3\/3.2-4208","metadata":false},{"id":80741,"structure_id":14890,"section_number":"3.2-4208.1","catch_line":"Joint and several liability","url":"\/3.2-4208.1\/","token":"3.2\/III\/42\/3\/3.2-4208.1","metadata":false},{"id":81710,"structure_id":14890,"section_number":"3.2-4209","catch_line":"Reporting of information","url":"\/3.2-4209\/","token":"3.2\/III\/42\/3\/3.2-4209","metadata":false},{"id":63368,"structure_id":14890,"section_number":"3.2-4209.1","catch_line":"Additional information required","url":"\/3.2-4209.1\/","token":"3.2\/III\/42\/3\/3.2-4209.1","metadata":false},{"id":78269,"structure_id":14890,"section_number":"3.2-4210","catch_line":"Escrow fund information","url":"\/3.2-4210\/","token":"3.2\/III\/42\/3\/3.2-4210","metadata":false},{"id":67252,"structure_id":14890,"section_number":"3.2-4211","catch_line":"Quarterly escrow payments by certain nonparticipating manufacturers","url":"\/3.2-4211\/","token":"3.2\/III\/42\/3\/3.2-4211","metadata":false},{"id":83441,"structure_id":14890,"section_number":"3.2-4212","catch_line":"Penalties and other remedies","url":"\/3.2-4212\/","token":"3.2\/III\/42\/3\/3.2-4212","metadata":false},{"id":73866,"structure_id":14890,"section_number":"3.2-4213","catch_line":"Notice and review of determination","url":"\/3.2-4213\/","token":"3.2\/III\/42\/3\/3.2-4213","metadata":false},{"id":86002,"structure_id":14890,"section_number":"3.2-4214","catch_line":"Promulgation of regulations","url":"\/3.2-4214\/","token":"3.2\/III\/42\/3\/3.2-4214","metadata":false},{"id":63930,"structure_id":14890,"section_number":"3.2-4215","catch_line":"Submission to jurisdiction of the Commonwealth; pleadings in English sufficient","url":"\/3.2-4215\/","token":"3.2\/III\/42\/3\/3.2-4215","metadata":false},{"id":78748,"structure_id":14890,"section_number":"3.2-4215.1","catch_line":"Authority of Attorney General; audit and investigation","url":"\/3.2-4215.1\/","token":"3.2\/III\/42\/3\/3.2-4215.1","metadata":false},{"id":81168,"structure_id":14890,"section_number":"3.2-4216","catch_line":"Recovery of costs and fees by Attorney General","url":"\/3.2-4216\/","token":"3.2\/III\/42\/3\/3.2-4216","metadata":false},{"id":68406,"structure_id":14890,"section_number":"3.2-4217","catch_line":"Disgorgement of profits for violations","url":"\/3.2-4217\/","token":"3.2\/III\/42\/3\/3.2-4217","metadata":false},{"id":82259,"structure_id":14890,"section_number":"3.2-4217.1","catch_line":"Presumption","url":"\/3.2-4217.1\/","token":"3.2\/III\/42\/3\/3.2-4217.1","metadata":false},{"id":61847,"structure_id":14890,"section_number":"3.2-4218","catch_line":"Conflicts","url":"\/3.2-4218\/","token":"3.2\/III\/42\/3\/3.2-4218","metadata":false},{"id":72681,"structure_id":14890,"section_number":"3.2-4219","catch_line":"Materially false statements","url":"\/3.2-4219\/","token":"3.2\/III\/42\/3\/3.2-4219","metadata":false}],"previous_section":{"id":63930,"structure_id":14890,"section_number":"3.2-4215","catch_line":"Submission to jurisdiction of the Commonwealth; pleadings in English sufficient","url":"\/3.2-4215\/","token":"3.2\/III\/42\/3\/3.2-4215","metadata":false},"next_section":{"id":81168,"structure_id":14890,"section_number":"3.2-4216","catch_line":"Recovery of costs and fees by Attorney General","url":"\/3.2-4216\/","token":"3.2\/III\/42\/3\/3.2-4216","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-4215.1\/","history_text":"<p>This law was first created in 2008. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0758\">758<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":66660,"section_number":"18.2-246.6","catch_line":"Definitions","order_by":null,"url":"\/18.2-246.6\/"},{"id":80296,"section_number":"3.2-4200","catch_line":"Definitions","order_by":null,"url":"\/3.2-4200\/"},{"id":77273,"section_number":"58.1-1000","catch_line":"Definitions","order_by":null,"url":"\/58.1-1000\/"}],"permalink":{"id":196343,"object_type":"law","relational_id":78748,"identifier":"3.2-4215.1","token":"3.2\/III\/42\/3\/3.2-4215.1","url":"\/3.2-4215.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-4215.1\/","token":"3.2\/III\/42\/3\/3.2-4215.1","dublin_core":{"Title":"Authority of Attorney General; audit and investigation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-4215.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The <span class=\"dictionary\">Attorney General<\/span> or his authorized representative shall have the authority to:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Conduct audits and investigations of (i) a <span class=\"dictionary\">nonparticipating manufacturer<\/span> and its importers or a tobacco product manufacturer as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/3.2-4200\/\">3.2-4200<\/a> that became a participating manufacturer after the Master <span class=\"dictionary\">Settlement<\/span> execution date, as defined at section II (aa) of the Master <span class=\"dictionary\">Settlement<\/span> Agreement, and its importers, (ii) exclusive distributors, retail dealers, <span class=\"dictionary\">stamping agents<\/span>, and wholesale dealers, as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/58.1-1000\/\">58.1-1000<\/a>, and (iii) persons or entities engaged in delivery sales as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/18.2-246.6\/\">18.2-246.6<\/a>; and <a id=\"paragraph-282139\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-4215.1\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> Upon reasonable cause to believe that a violation of this article or of Article 1 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/3.2-4200\/\">3.2-4200<\/a> et seq.) of this chapter, or of Chapter 10 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/58.1-1000\/\">58.1-1000<\/a> et seq.) of Title 58.1, or Article 10 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/18.2-246.6\/\">18.2-246.6<\/a> et seq.) of Chapter 6 of Title 18.2 has occurred or is reasonably likely to occur, <span class=\"dictionary\">issue<\/span> <span class=\"dictionary\">subpoenas<\/span>, compel the attendance of witnesses, administer <span class=\"dictionary\">oaths<\/span>, certify to official acts, take <span class=\"dictionary\">depositions<\/span> within and without the Commonwealth, as now provided by <span class=\"dictionary\">law<\/span>, and compel the production of pertinent books, payrolls, accounts, papers, records, documents, and <span class=\"dictionary\">testimony<\/span> relevant to such investigation. If a person refuses, without good cause, to be examined or to answer a legal and pertinent question, or to produce a document or other <span class=\"dictionary\">evidence<\/span> when ordered to do so by the <span class=\"dictionary\">Attorney General<\/span> or his authorized representative, the <span class=\"dictionary\">Attorney General<\/span> or his authorized representative may apply to the <span class=\"dictionary\">judge<\/span> of the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> of the <span class=\"dictionary\">jurisdiction<\/span> where such person is in attendance or located, upon <span class=\"dictionary\">affidavit<\/span>, for an <span class=\"dictionary\">order<\/span> returnable in no less than two nor more than five days, directing such person to show cause why he should not be examined, answer a legal or pertinent question or produce a document, record or other <span class=\"dictionary\">evidence<\/span>. Upon the <span class=\"dictionary\">hearing<\/span> of such, if the <span class=\"dictionary\">court<\/span> determines that such person, without good cause, has refused to be examined or to answer legal or pertinent questions, or to produce a document, record or other <span class=\"dictionary\">evidence<\/span>, the <span class=\"dictionary\">court<\/span> may <span class=\"dictionary\">order<\/span> compliance with the <span class=\"dictionary\">subpoena<\/span> and assess all costs and reasonable attorney fees against such person. If the <span class=\"dictionary\">motion<\/span> for an <span class=\"dictionary\">order<\/span> is granted and the person thereafter fails to comply with the <span class=\"dictionary\">order<\/span>, the <span class=\"dictionary\">court<\/span> may make such <span class=\"dictionary\">orders<\/span> as are provided for in the Rules of the Supreme <span class=\"dictionary\">Court<\/span> of Virginia. <span class=\"dictionary\">Subpoenas<\/span> shall be served and <span class=\"dictionary\">witness<\/span> fees and mileage paid as allowed in civil cases in the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">courts<\/span> of the Commonwealth. <a id=\"paragraph-282140\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-4215.1\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAUTHORITY OF ATTORNEY GENERAL; AUDIT AND INVESTIGATION (\u00a7 3.2-4215.1)\n\nThe Attorney General or his authorized representative shall have the authority\nto:\n\n1. Conduct audits and investigations of (i) a nonparticipating manufacturer and\nits importers or a tobacco product manufacturer as defined in &#xA7; 3.2-4200\nthat became a participating manufacturer after the Master Settlement execution\ndate, as defined at section II (aa) of the Master Settlement Agreement, and its\nimporters, (ii) exclusive distributors, retail dealers, stamping agents, and\nwholesale dealers, as defined in &#xA7; 58.1-1000, and (iii) persons or entities\nengaged in delivery sales as defined in &#xA7; 18.2-246.6; and\n\n2. Upon reasonable cause to believe that a violation of this article or of\nArticle 1 (&#xA7; 3.2-4200 et seq.) of this chapter, or of Chapter 10 (&#xA7;\n58.1-1000 et seq.) of Title 58.1, or Article 10 (&#xA7; 18.2-246.6 et seq.) of\nChapter 6 of Title 18.2 has occurred or is reasonably likely to occur, issue\nsubpoenas, compel the attendance of witnesses, administer oaths, certify to\nofficial acts, take depositions within and without the Commonwealth, as now\nprovided by law, and compel the production of pertinent books, payrolls,\naccounts, papers, records, documents, and testimony relevant to such\ninvestigation. If a person refuses, without good cause, to be examined or to\nanswer a legal and pertinent question, or to produce a document or other\nevidence when ordered to do so by the Attorney General or his authorized\nrepresentative, the Attorney General or his authorized representative may apply\nto the judge of the circuit court of the jurisdiction where such person is in\nattendance or located, upon affidavit, for an order returnable in no less than\ntwo nor more than five days, directing such person to show cause why he should\nnot be examined, answer a legal or pertinent question or produce a document,\nrecord or other evidence. Upon the hearing of such, if the court determines that\nsuch person, without good cause, has refused to be examined or to answer legal\nor pertinent questions, or to produce a document, record or other evidence, the\ncourt may order compliance with the subpoena and assess all costs and reasonable\nattorney fees against such person. If the motion for an order is granted and the\nperson thereafter fails to comply with the order, the court may make such orders\nas are provided for in the Rules of the Supreme Court of Virginia. Subpoenas\nshall be served and witness fees and mileage paid as allowed in civil cases in\nthe circuit courts of the Commonwealth.\n\nHISTORY: 2008, c. 758, \u00a7 3.1-336.13:1.","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}}