{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-410.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-410.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-410.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-410.html"}],"law_id":66145,"edition_id":1,"section_id":66145,"structure_id":13869,"section_number":"4.1-410","catch_line":"Board proceedings and appellate review","history":"Code 1950, \u00a7 4-118.31; 1985, c. 542, \u00a7 4-118.51; 1987, c. 139; 1989, c. 10; 1993, c. 866.","full_text":"A\n\nThe Board, upon petition by any interested party, or upon its own motion if it has reasonable grounds to believe a violation has or may have occurred, shall have the responsibility of determining whether a violation of any provision of this chapter has occurred. The Board may, if it finds that the winery or wine wholesaler has acted in bad faith in violating any provision of this chapter or in seeking relief pursuant to this chapter, award reasonable costs and attorneys’ fees to the prevailing party.B\n\nAll proceedings under this chapter and any judicial review thereof shall be held in accordance with the Virginia Administrative Process Act (§ 2.2-4000 et seq.). Notwithstanding the foregoing, the Board may adopt regulations pertaining to proceedings under this chapter, including regulations authorizing or requiring the issuance of subpoenas for the production of documents, subpoenas for the attendance of witnesses, requests for admissions, interrogatories, and depositions, not inconsistent with Part 4 of the Rules of the Supreme Court of Virginia.C\n\nIn all proceedings under this chapter, the Board or the circuit court reviewing a Board order, for good cause, shall enter an order requiring that information relating to the sale, marketing, or manufacturing practices or processes of the winery or the wholesaler be filed with the Board or the court, as the case may be, in sealed envelopes and that the information contained therein remain available only to the winery and wholesaler on condition that such information will not be disclosed by the Board, the winery or the wholesaler, or their respective agents and employees. Upon conclusion of the proceedings under this chapter, information supplied shall be returned to the party furnishing it or, in the alternative, the Board or the court may order that such information be sealed to be opened only by order of the Board or the court.","order_by":null,"text":{"0":{"id":240280,"text":"The Board, upon petition by any interested party, or upon its own motion if it has reasonable grounds to believe a violation has or may have occurred, shall have the responsibility of determining whether a violation of any provision of this chapter has occurred. The Board may, if it finds that the winery or wine wholesaler has acted in bad faith in violating any provision of this chapter or in seeking relief pursuant to this chapter, award reasonable costs and attorneys’ fees to the prevailing party.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240281,"text":"All proceedings under this chapter and any judicial review thereof shall be held in accordance with the Virginia Administrative Process Act (§ 2.2-4000 et seq.). Notwithstanding the foregoing, the Board may adopt regulations pertaining to proceedings under this chapter, including regulations authorizing or requiring the issuance of subpoenas for the production of documents, subpoenas for the attendance of witnesses, requests for admissions, interrogatories, and depositions, not inconsistent with Part 4 of the Rules of the Supreme Court of Virginia.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":240282,"text":"In all proceedings under this chapter, the Board or the circuit court reviewing a Board order, for good cause, shall enter an order requiring that information relating to the sale, marketing, or manufacturing practices or processes of the winery or the wholesaler be filed with the Board or the court, as the case may be, in sealed envelopes and that the information contained therein remain available only to the winery and wholesaler on condition that such information will not be disclosed by the Board, the winery or the wholesaler, or their respective agents and employees. Upon conclusion of the proceedings under this chapter, information supplied shall be returned to the party furnishing it or, in the alternative, the Board or the court may order that such information be sealed to be opened only by order of the Board or the court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13869,"edition_id":1,"name":"Wine Franchise Act","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:46:08","date_modified":"2026-06-26 03:46:08","permalink":{"id":219259,"object_type":"structure","relational_id":13869,"identifier":"4","token":"4.1\/I\/4","url":"\/4.1\/I\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13130,"edition_id":1,"name":"Alcoholic Beverage Control Act","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":13129,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218571,"object_type":"structure","relational_id":13130,"identifier":"I","token":"4.1\/I","url":"\/4.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13129,"edition_id":1,"name":"Alcoholic Beverage and Cannabis Control","identifier":"4.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218569,"object_type":"structure","relational_id":13129,"identifier":"4.1","token":"4.1","url":"\/4.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83781,"structure_id":13869,"section_number":"4.1-400","catch_line":"Construction and purpose","url":"\/4.1-400\/","token":"4.1\/I\/4\/4.1-400","metadata":false},{"id":60540,"structure_id":13869,"section_number":"4.1-401","catch_line":"Definitions","url":"\/4.1-401\/","token":"4.1\/I\/4\/4.1-401","metadata":false},{"id":55509,"structure_id":13869,"section_number":"4.1-402","catch_line":"Applicability","url":"\/4.1-402\/","token":"4.1\/I\/4\/4.1-402","metadata":false},{"id":75909,"structure_id":13869,"section_number":"4.1-403","catch_line":"No inducement or coercion","url":"\/4.1-403\/","token":"4.1\/I\/4\/4.1-403","metadata":false},{"id":60486,"structure_id":13869,"section_number":"4.1-404","catch_line":"Sales territory","url":"\/4.1-404\/","token":"4.1\/I\/4\/4.1-404","metadata":false},{"id":59612,"structure_id":13869,"section_number":"4.1-405","catch_line":"Sale of winery","url":"\/4.1-405\/","token":"4.1\/I\/4\/4.1-405","metadata":false},{"id":72000,"structure_id":13869,"section_number":"4.1-406","catch_line":"Cancellation","url":"\/4.1-406\/","token":"4.1\/I\/4\/4.1-406","metadata":false},{"id":78096,"structure_id":13869,"section_number":"4.1-407","catch_line":"Notice of intent to terminate","url":"\/4.1-407\/","token":"4.1\/I\/4\/4.1-407","metadata":false},{"id":78276,"structure_id":13869,"section_number":"4.1-408","catch_line":"Transfer of business","url":"\/4.1-408\/","token":"4.1\/I\/4\/4.1-408","metadata":false},{"id":62136,"structure_id":13869,"section_number":"4.1-409","catch_line":"Remedies","url":"\/4.1-409\/","token":"4.1\/I\/4\/4.1-409","metadata":false},{"id":66145,"structure_id":13869,"section_number":"4.1-410","catch_line":"Board proceedings and appellate review","url":"\/4.1-410\/","token":"4.1\/I\/4\/4.1-410","metadata":false},{"id":85496,"structure_id":13869,"section_number":"4.1-411","catch_line":"Price of product","url":"\/4.1-411\/","token":"4.1\/I\/4\/4.1-411","metadata":false},{"id":63605,"structure_id":13869,"section_number":"4.1-412","catch_line":"Increase of prices","url":"\/4.1-412\/","token":"4.1\/I\/4\/4.1-412","metadata":false},{"id":86203,"structure_id":13869,"section_number":"4.1-413","catch_line":"Retaliatory action prohibited","url":"\/4.1-413\/","token":"4.1\/I\/4\/4.1-413","metadata":false},{"id":86032,"structure_id":13869,"section_number":"4.1-414","catch_line":"Management","url":"\/4.1-414\/","token":"4.1\/I\/4\/4.1-414","metadata":false},{"id":54897,"structure_id":13869,"section_number":"4.1-415","catch_line":"Discrimination prohibited","url":"\/4.1-415\/","token":"4.1\/I\/4\/4.1-415","metadata":false},{"id":80880,"structure_id":13869,"section_number":"4.1-416","catch_line":"Waiver prohibited; conflicts of laws","url":"\/4.1-416\/","token":"4.1\/I\/4\/4.1-416","metadata":false},{"id":78176,"structure_id":13869,"section_number":"4.1-417","catch_line":"Right of free association","url":"\/4.1-417\/","token":"4.1\/I\/4\/4.1-417","metadata":false},{"id":82038,"structure_id":13869,"section_number":"4.1-418","catch_line":"Reasonableness and good faith","url":"\/4.1-418\/","token":"4.1\/I\/4\/4.1-418","metadata":false}],"previous_section":{"id":62136,"structure_id":13869,"section_number":"4.1-409","catch_line":"Remedies","url":"\/4.1-409\/","token":"4.1\/I\/4\/4.1-409","metadata":false},"next_section":{"id":85496,"structure_id":13869,"section_number":"4.1-411","catch_line":"Price of product","url":"\/4.1-411\/","token":"4.1\/I\/4\/4.1-411","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-410\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1985, chapter 542; in 1987, chapter 139; in 1989, chapter 10; in 1993, chapter 866.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":219301,"object_type":"law","relational_id":66145,"identifier":"4.1-410","token":"4.1\/I\/4\/4.1-410","url":"\/4.1-410\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-410\/","token":"4.1\/I\/4\/4.1-410","dublin_core":{"Title":"Board proceedings and appellate review","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-410","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span>, upon petition<\/span> by any interested party<\/span>, or upon its own motion<\/span> if it has reasonable grounds to believe a violation has or may have occurred, shall have the responsibility of determining whether a violation of any provision of this chapter has occurred. The Board<\/span> may, if it finds that the winery<\/span> or wine wholesaler<\/span> has acted in bad faith in violating any provision of this chapter or in seeking relief pursuant to this chapter, award reasonable costs and attorneys’ fees to the prevailing party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All proceedings under this chapter and any judicial review thereof shall be held in accordance with the Virginia Administrative Process Act (§ 2.2-4000<\/a> et seq.). Notwithstanding the foregoing, the Board<\/span> may adopt regulations pertaining to proceedings under this chapter, including regulations authorizing or requiring the issuance of subpoenas<\/span> for the production of documents, subpoenas<\/span> for the attendance of witnesses, requests for admissions, interrogatories<\/span>, and depositions<\/span>, not inconsistent with Part 4 of the Rules of the Supreme Court<\/span> of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In all proceedings under this chapter, the Board<\/span> or the circuit<\/span> court<\/span> reviewing a Board<\/span> order<\/span>, for good cause, shall enter an order<\/span> requiring that information relating to the sale<\/span>, marketing, or manufacturing practices or processes of the winery<\/span> or the wholesaler be filed with the Board<\/span> or the court<\/span>, as the case may be, in sealed<\/span> envelopes and that the information contained therein remain available only to the winery<\/span> and wholesaler on condition that such information will not be disclosed by the Board<\/span>, the winery<\/span> or the wholesaler, or their respective agents and employees. Upon conclusion of the proceedings under this chapter, information supplied shall be returned to the party<\/span> furnishing it or, in the alternative, the Board<\/span> or the court<\/span> may order<\/span> that such information be sealed<\/span> to be opened only by order<\/span> of the Board<\/span> or the court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBOARD PROCEEDINGS AND APPELLATE REVIEW (\u00a7 4.1-410)\n\nA. The Board, upon petition by any interested party, or upon its own motion if\nit has reasonable grounds to believe a violation has or may have occurred, shall\nhave the responsibility of determining whether a violation of any provision of\nthis chapter has occurred. The Board may, if it finds that the winery or wine\nwholesaler has acted in bad faith in violating any provision of this chapter or\nin seeking relief pursuant to this chapter, award reasonable costs and\nattorneys’ fees to the prevailing party.\n\nB. All proceedings under this chapter and any judicial review thereof shall be\nheld in accordance with the Virginia Administrative Process Act (§ 2.2-4000\net seq.). Notwithstanding the foregoing, the Board may adopt regulations\npertaining to proceedings under this chapter, including regulations authorizing\nor requiring the issuance of subpoenas for the production of documents,\nsubpoenas for the attendance of witnesses, requests for admissions,\ninterrogatories, and depositions, not inconsistent with Part 4 of the Rules of\nthe Supreme Court of Virginia.\n\nC. In all proceedings under this chapter, the Board or the circuit court\nreviewing a Board order, for good cause, shall enter an order requiring that\ninformation relating to the sale, marketing, or manufacturing practices or\nprocesses of the winery or the wholesaler be filed with the Board or the court,\nas the case may be, in sealed envelopes and that the information contained\ntherein remain available only to the winery and wholesaler on condition that\nsuch information will not be disclosed by the Board, the winery or the\nwholesaler, or their respective agents and employees. Upon conclusion of the\nproceedings under this chapter, information supplied shall be returned to the\nparty furnishing it or, in the alternative, the Board or the court may order\nthat such information be sealed to be opened only by order of the Board or the\ncourt.\n\nHISTORY: Code 1950, \u00a7 4-118.31; 1985, c. 542, \u00a7 4-118.51; 1987, c. 139; 1989,\nc. 10; 1993, c. 866.","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}}