{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1573.23.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1573.23.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1573.23.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1573.23.html"}],"law_id":69569,"edition_id":1,"section_id":69569,"structure_id":16127,"section_number":"46.2-1573.23","catch_line":"Hearings and other remedies; civil penalties","history":"1996, cc. 1043, 1052, \u00a7 46.2-1992.75; 2000, c. 106; 2015, c. 615; 2020, cc. 1230, 1275.","full_text":"A\n\nIn every case of a hearing before the Commissioner authorized under this article, the Commissioner shall give reasonable notice of each hearing to all interested parties, and the Commissioner&#8217;s decision shall be binding on the parties, subject to the rights of judicial review and appeal as provided in the Administrative Process Act (&#xA7; 2.2-4000 et seq.).B\n\nHearings before the Commissioner under this article shall commence within 90 days of the request for a hearing, and the Commissioner&#8217;s decision shall be rendered within 60 days from the receipt of the hearing officer&#8217;s recommendation. Hearings authorized under this article shall be presided over by a hearing officer selected from a list prepared by the Executive Secretary of the Supreme Court. On request of the Commissioner, the Executive Secretary will name a hearing officer from the list, selected on a rotation system administered by the Executive Secretary. The hearing officer shall provide recommendations to the Commissioner within 90 days of the conclusion of the hearing.C\n\nNotwithstanding any contrary provision of this article, the Commissioner shall initiate investigations, conduct hearings, and determine the rights of parties under this article whenever he is provided information indicating a possible violation of any provision of this article.D\n\nFor purposes of any matter brought to the Commissioner under subdivisions 3, 4, 5, 6, and 9 of \u00a7 46.2-1573.16 with respect to which the Commissioner is to determine whether there is good cause for a proposed action or whether it would be unreasonable under the circumstances, the Commissioner shall consider:1\n\nThe volume of the affected dealer&#8217;s business in the relevant market area;2\n\nThe nature and extent of the dealer&#8217;s investment in its business;3\n\nThe adequacy of the dealer&#8217;s service facilities, equipment, parts, supplies, and personnel;4\n\nThe effect of the proposed action on the community;5\n\nThe extent and quality of the dealer&#8217;s service under trailer warranties;6\n\nThe dealer&#8217;s performance under the terms of its franchise; and7\n\nOther economic and geographical factors reasonably associated with the proposed action.\n\t\t\t\tWith respect to subdivision 6, any performance standard or program for measuring dealership performance that may have a material effect on a dealer, and the application of any such standard or program by a manufacturer or distributor, shall be fair, reasonable, and equitable and, if based upon a survey, shall be based upon a statistically valid sample. Upon the request of any dealer, a manufacturer or distributor shall disclose in writing to the dealer a description of how a performance standard or program is designed and all relevant information used in the application of the performance standard or program to that dealer.E\n\nAn interested party in a hearing held pursuant to subsection A shall comply with the effective date of compliance established by the Commissioner in his decision in such hearing, unless a stay or extension of such date is granted by the Commissioner or the Commissioner&#8217;s decision is under judicial review and appeal as provided in subsection A. If, after notice to such interested party and an opportunity to comment, the Commissioner finds an interested party has not complied with his decision by the designated date of compliance, unless a stay or extension of such date has been granted by the Commissioner or the Commissioner&#8217;s decision is under judicial review and appeal, the Commissioner may assess such interested party a civil penalty not to exceed $1,000 per day of noncompliance. Civil penalties collected under this subsection shall be deposited into the Highway Maintenance and Operating Fund established pursuant to &#xA7; 33.2-1530.","order_by":null,"text":{"0":{"id":251516,"text":"In every case of a hearing before the Commissioner authorized under this article, the Commissioner shall give reasonable notice of each hearing to all interested parties, and the Commissioner&#8217;s decision shall be binding on the parties, subject to the rights of judicial review and appeal as provided in the Administrative Process Act (&#xA7; 2.2-4000 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":251517,"text":"Hearings before the Commissioner under this article shall commence within 90 days of the request for a hearing, and the Commissioner&#8217;s decision shall be rendered within 60 days from the receipt of the hearing officer&#8217;s recommendation. Hearings authorized under this article shall be presided over by a hearing officer selected from a list prepared by the Executive Secretary of the Supreme Court. On request of the Commissioner, the Executive Secretary will name a hearing officer from the list, selected on a rotation system administered by the Executive Secretary. The hearing officer shall provide recommendations to the Commissioner within 90 days of the conclusion of the hearing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":251518,"text":"Notwithstanding any contrary provision of this article, the Commissioner shall initiate investigations, conduct hearings, and determine the rights of parties under this article whenever he is provided information indicating a possible violation of any provision of this article.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":251519,"text":"For purposes of any matter brought to the Commissioner under subdivisions 3, 4, 5, 6, and 9 of \u00a7 46.2-1573.16 with respect to which the Commissioner is to determine whether there is good cause for a proposed action or whether it would be unreasonable under the circumstances, the Commissioner shall consider:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":251520,"text":"The volume of the affected dealer&#8217;s business in the relevant market area;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":251521,"text":"The nature and extent of the dealer&#8217;s investment in its business;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":251522,"text":"The adequacy of the dealer&#8217;s service facilities, equipment, parts, supplies, and personnel;","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"7":{"id":251523,"text":"The effect of the proposed action on the community;","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"8":{"id":251524,"text":"The extent and quality of the dealer&#8217;s service under trailer warranties;","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"D6"},"9":{"id":251525,"text":"The dealer&#8217;s performance under the terms of its franchise; and","type":"section","prefixes":["D","6"],"prefix":"6","entire_prefix":"D6","prefix_anchor":"D6","level":2,"prior_prefix":"D5","next_prefix":"D7"},"10":{"id":251526,"text":"Other economic and geographical factors reasonably associated with the proposed action.\n\t\t\t\tWith respect to subdivision 6, any performance standard or program for measuring dealership performance that may have a material effect on a dealer, and the application of any such standard or program by a manufacturer or distributor, shall be fair, reasonable, and equitable and, if based upon a survey, shall be based upon a statistically valid sample. Upon the request of any dealer, a manufacturer or distributor shall disclose in writing to the dealer a description of how a performance standard or program is designed and all relevant information used in the application of the performance standard or program to that dealer.","type":"section","prefixes":["D","7"],"prefix":"7","entire_prefix":"D7","prefix_anchor":"D7","level":2,"prior_prefix":"D6","next_prefix":"E"},"11":{"id":251527,"text":"An interested party in a hearing held pursuant to subsection A shall comply with the effective date of compliance established by the Commissioner in his decision in such hearing, unless a stay or extension of such date is granted by the Commissioner or the Commissioner&#8217;s decision is under judicial review and appeal as provided in subsection A. If, after notice to such interested party and an opportunity to comment, the Commissioner finds an interested party has not complied with his decision by the designated date of compliance, unless a stay or extension of such date has been granted by the Commissioner or the Commissioner&#8217;s decision is under judicial review and appeal, the Commissioner may assess such interested party a civil penalty not to exceed $1,000 per day of noncompliance. Civil penalties collected under this subsection shall be deposited into the Highway Maintenance and Operating Fund established pursuant to &#xA7; 33.2-1530.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D7"}},"ancestry":[{"id":16127,"edition_id":1,"name":"Trailer Franchises","identifier":"7.3","label":"article","depth":4,"order_by":1,"parent_id":13356,"metadata":{},"date_created":"2026-06-26 04:06:49","date_modified":"2026-06-26 04:06:49","permalink":{"id":231637,"object_type":"structure","relational_id":16127,"identifier":"7.3","token":"46.2\/IV\/15\/7.3","url":"\/46.2\/IV\/15\/7.3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13356,"edition_id":1,"name":"Motor Vehicle Dealers","identifier":"15","label":"chapter","depth":3,"order_by":1,"parent_id":13355,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231067,"object_type":"structure","relational_id":13356,"identifier":"15","token":"46.2\/IV\/15","url":"\/46.2\/IV\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13355,"edition_id":1,"name":"Dealers and Driver Training Schools","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231065,"object_type":"structure","relational_id":13355,"identifier":"IV","token":"46.2\/IV","url":"\/46.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81000,"structure_id":16127,"section_number":"46.2-1573.13","catch_line":"Applicability of requirements to certain trailers","url":"\/46.2-1573.13\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.13","metadata":false},{"id":76422,"structure_id":16127,"section_number":"46.2-1573.14","catch_line":"Trailer dealers filing of franchises","url":"\/46.2-1573.14\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.14","metadata":false},{"id":70177,"structure_id":16127,"section_number":"46.2-1573.15","catch_line":"Exemption of franchises from Retail Franchising Act","url":"\/46.2-1573.15\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.15","metadata":false},{"id":83510,"structure_id":16127,"section_number":"46.2-1573.16","catch_line":"Coercion of retail dealer by manufacturer or distributor with respect to retail installment sales contracts prohibited; penalty","url":"\/46.2-1573.16\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.16","metadata":false},{"id":65421,"structure_id":16127,"section_number":"46.2-1573.17","catch_line":"Other coercion of dealers; transfer, grant, succession to and cancellation of dealer franchises; delivery of trailers, parts, and accessories","url":"\/46.2-1573.17\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.17","metadata":false},{"id":80483,"structure_id":16127,"section_number":"46.2-1573.18","catch_line":"Manufacturer or distributor right of first refusal","url":"\/46.2-1573.18\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.18","metadata":false},{"id":71690,"structure_id":16127,"section_number":"46.2-1573.19","catch_line":"Discontinuation of distributors","url":"\/46.2-1573.19\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.19","metadata":false},{"id":78599,"structure_id":16127,"section_number":"46.2-1573.20","catch_line":"Warranty obligations","url":"\/46.2-1573.20\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.20","metadata":false},{"id":63879,"structure_id":16127,"section_number":"46.2-1573.21","catch_line":"Operation of dealership by manufacturer","url":"\/46.2-1573.21\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.21","metadata":false},{"id":64136,"structure_id":16127,"section_number":"46.2-1573.22","catch_line":"Ownership of service facilities","url":"\/46.2-1573.22\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.22","metadata":false},{"id":69569,"structure_id":16127,"section_number":"46.2-1573.23","catch_line":"Hearings and other remedies; civil penalties","url":"\/46.2-1573.23\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.23","metadata":false},{"id":81860,"structure_id":16127,"section_number":"46.2-1573.24","catch_line":"Late model and factory repurchase franchises","url":"\/46.2-1573.24\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.24","metadata":false}],"previous_section":{"id":64136,"structure_id":16127,"section_number":"46.2-1573.22","catch_line":"Ownership of service facilities","url":"\/46.2-1573.22\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.22","metadata":false},"next_section":{"id":81860,"structure_id":16127,"section_number":"46.2-1573.24","catch_line":"Late model and factory repurchase franchises","url":"\/46.2-1573.24\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.24","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1573.23\/","history_text":"<p>This law was first created in 1996. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP1043\">1043<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP1052\">1052<\/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. It has been modified 3 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 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0106\">106<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0615\">615<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1230\">1230<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1275\">1275<\/a>.<\/p>","references":[{"id":67094,"section_number":"33.2-1530","catch_line":"Highway Maintenance and Operating Fund","order_by":null,"url":"\/33.2-1530\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":67094,"section_number":"33.2-1530","catch_line":"Highway Maintenance and Operating Fund","order_by":null,"url":"\/33.2-1530\/"},{"id":83510,"section_number":"46.2-1573.16","catch_line":"Coercion of retail dealer by manufacturer or distributor with respect to retail installment sales contracts prohibited; penalty","order_by":null,"url":"\/46.2-1573.16\/"}],"permalink":{"id":231679,"object_type":"law","relational_id":69569,"identifier":"46.2-1573.23","token":"46.2\/IV\/15\/7.3\/46.2-1573.23","url":"\/46.2-1573.23\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1573.23\/","token":"46.2\/IV\/15\/7.3\/46.2-1573.23","dublin_core":{"Title":"Hearings and other remedies; civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1573.23","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> In every case of a <span class=\"dictionary\">hearing<\/span> before the <span class=\"dictionary\">Commissioner<\/span> authorized under this article, the <span class=\"dictionary\">Commissioner<\/span> shall give reasonable notice of each <span class=\"dictionary\">hearing<\/span> to all interested parties, and the <span class=\"dictionary\">Commissioner<\/span>&#8217;s decision shall be binding on the parties, subject to the rights of judicial review and <span class=\"dictionary\">appeal<\/span> as provided in the Administrative Process Act (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> et seq.). <a id=\"paragraph-251516\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1573.23\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> <span class=\"dictionary\">Hearings<\/span> before the <span class=\"dictionary\">Commissioner<\/span> under this article shall commence within 90 days of the request for a <span class=\"dictionary\">hearing<\/span>, and the <span class=\"dictionary\">Commissioner<\/span>&#8217;s decision shall be rendered within 60 days from the receipt of the <span class=\"dictionary\">hearing<\/span> officer&#8217;s recommendation. <span class=\"dictionary\">Hearings<\/span> authorized under this article shall be presided over by a <span class=\"dictionary\">hearing<\/span> officer selected from a list prepared by the Executive Secretary of the Supreme <span class=\"dictionary\">Court<\/span>. On request of the <span class=\"dictionary\">Commissioner<\/span>, the Executive Secretary will name a <span class=\"dictionary\">hearing<\/span> officer from the list, selected on a rotation system administered by the Executive Secretary. The <span class=\"dictionary\">hearing<\/span> officer shall provide recommendations to the <span class=\"dictionary\">Commissioner<\/span> within 90 days of the conclusion of the <span class=\"dictionary\">hearing<\/span>. <a id=\"paragraph-251517\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1573.23\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Notwithstanding any contrary provision of this article, the <span class=\"dictionary\">Commissioner<\/span> shall initiate investigations, conduct <span class=\"dictionary\">hearings<\/span>, and determine the rights of parties under this article whenever he is provided information indicating a possible violation of any provision of this article. <a id=\"paragraph-251518\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1573.23\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> For purposes of any matter brought to the <span class=\"dictionary\">Commissioner<\/span> under subdivisions 3, 4, 5, 6, and 9 of \u00a7&nbsp;<a class=\"law\" title=\"Coercion of retail dealer by manufacturer or distributor with respect to retail installment sales contracts prohibited; penalty\" href=\"\/46.2-1573.16\/\">46.2-1573.16<\/a> with respect to which the <span class=\"dictionary\">Commissioner<\/span> is to determine whether there is good cause for a proposed action or whether it would be unreasonable under the circumstances, the <span class=\"dictionary\">Commissioner<\/span> shall consider: <a id=\"paragraph-251519\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1573.23\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The volume of the affected <span class=\"dictionary\">dealer<\/span>&#8217;s business in the <span class=\"dictionary\">relevant market area<\/span>; <a id=\"paragraph-251520\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1573.23\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The nature and extent of the <span class=\"dictionary\">dealer<\/span>&#8217;s investment in its business; <a id=\"paragraph-251521\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1573.23\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The adequacy of the <span class=\"dictionary\">dealer<\/span>&#8217;s service facilities, equipment, parts, supplies, and personnel; <a id=\"paragraph-251522\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1573.23\/#D3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The effect of the proposed action on the community; <a id=\"paragraph-251523\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1573.23\/#D4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The extent and quality of the <span class=\"dictionary\">dealer<\/span>&#8217;s service under <span class=\"dictionary\">trailer<\/span> warranties; <a id=\"paragraph-251524\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1573.23\/#D5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> The <span class=\"dictionary\">dealer<\/span>&#8217;s performance under the terms of its <span class=\"dictionary\">franchise<\/span>; and <a id=\"paragraph-251525\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1573.23\/#D6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> Other economic and geographical factors reasonably associated with the proposed action.\n\t\t\t\tWith respect to subdivision 6, any performance standard or program for measuring dealership performance that may have a <span class=\"dictionary\">material<\/span> effect on a <span class=\"dictionary\">dealer<\/span>, and the application of any such standard or program by a <span class=\"dictionary\">manufacturer<\/span> or <span class=\"dictionary\">distributor<\/span>, shall be fair, reasonable, and <span class=\"dictionary\">equitable<\/span> and, if based upon a survey, shall be based upon a statistically valid sample. Upon the request of any <span class=\"dictionary\">dealer<\/span>, a <span class=\"dictionary\">manufacturer<\/span> or <span class=\"dictionary\">distributor<\/span> shall disclose in writing to the <span class=\"dictionary\">dealer<\/span> a description of how a performance standard or program is designed and all relevant information <span class=\"dictionary\">used<\/span> in the application of the performance standard or program to that <span class=\"dictionary\">dealer<\/span>. <a id=\"paragraph-251526\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1573.23\/#D7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> An interested <span class=\"dictionary\">party<\/span> in a <span class=\"dictionary\">hearing<\/span> held pursuant to subsection A shall comply with the effective date of compliance established by the <span class=\"dictionary\">Commissioner<\/span> in his decision in such <span class=\"dictionary\">hearing<\/span>, unless a <span class=\"dictionary\">stay<\/span> or extension of such date is granted by the <span class=\"dictionary\">Commissioner<\/span> or the <span class=\"dictionary\">Commissioner<\/span>&#8217;s decision is under judicial review and <span class=\"dictionary\">appeal<\/span> as provided in subsection A. If, after notice to such interested <span class=\"dictionary\">party<\/span> and an opportunity to comment, the <span class=\"dictionary\">Commissioner<\/span> finds an interested <span class=\"dictionary\">party<\/span> has not complied with his decision by the designated date of compliance, unless a <span class=\"dictionary\">stay<\/span> or extension of such date has been granted by the <span class=\"dictionary\">Commissioner<\/span> or the <span class=\"dictionary\">Commissioner<\/span>&#8217;s decision is under judicial review and <span class=\"dictionary\">appeal<\/span>, the <span class=\"dictionary\">Commissioner<\/span> may assess such interested <span class=\"dictionary\">party<\/span> a civil <span class=\"dictionary\">penalty<\/span> not to exceed $1,000 per day of noncompliance. Civil penalties collected under this subsection shall be deposited into the <span class=\"dictionary\">Highway<\/span> Maintenance and Operating <span class=\"dictionary\">Fund<\/span> established pursuant to &#xA7; <a class=\"law\" title=\"Highway Maintenance and Operating Fund\" href=\"\/33.2-1530\/\">33.2-1530<\/a>. <a id=\"paragraph-251527\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1573.23\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nHEARINGS AND OTHER REMEDIES; CIVIL PENALTIES (\u00a7 46.2-1573.23)\n\nA. In every case of a hearing before the Commissioner authorized under this\narticle, the Commissioner shall give reasonable notice of each hearing to all\ninterested parties, and the Commissioner&#8217;s decision shall be binding on\nthe parties, subject to the rights of judicial review and appeal as provided in\nthe Administrative Process Act (&#xA7; 2.2-4000 et seq.).\n\nB. Hearings before the Commissioner under this article shall commence within 90\ndays of the request for a hearing, and the Commissioner&#8217;s decision shall\nbe rendered within 60 days from the receipt of the hearing officer&#8217;s\nrecommendation. Hearings authorized under this article shall be presided over by\na hearing officer selected from a list prepared by the Executive Secretary of\nthe Supreme Court. On request of the Commissioner, the Executive Secretary will\nname a hearing officer from the list, selected on a rotation system administered\nby the Executive Secretary. The hearing officer shall provide recommendations to\nthe Commissioner within 90 days of the conclusion of the hearing.\n\nC. Notwithstanding any contrary provision of this article, the Commissioner\nshall initiate investigations, conduct hearings, and determine the rights of\nparties under this article whenever he is provided information indicating a\npossible violation of any provision of this article.\n\nD. For purposes of any matter brought to the Commissioner under subdivisions 3,\n4, 5, 6, and 9 of \u00a7 46.2-1573.16 with respect to which the Commissioner is to\ndetermine whether there is good cause for a proposed action or whether it would\nbe unreasonable under the circumstances, the Commissioner shall consider:\n\n   1. The volume of the affected dealer&#8217;s business in the relevant market\n   area;\n\n   2. The nature and extent of the dealer&#8217;s investment in its business;\n\n   3. The adequacy of the dealer&#8217;s service facilities, equipment, parts,\n   supplies, and personnel;\n\n   4. The effect of the proposed action on the community;\n\n   5. The extent and quality of the dealer&#8217;s service under trailer\n   warranties;\n\n   6. The dealer&#8217;s performance under the terms of its franchise; and\n\n   7. Other economic and geographical factors reasonably associated with the\n   proposed action.\n   \t\t\t\tWith respect to subdivision 6, any performance standard or program for\n   measuring dealership performance that may have a material effect on a dealer,\n   and the application of any such standard or program by a manufacturer or\n   distributor, shall be fair, reasonable, and equitable and, if based upon a\n   survey, shall be based upon a statistically valid sample. Upon the request of\n   any dealer, a manufacturer or distributor shall disclose in writing to the\n   dealer a description of how a performance standard or program is designed and\n   all relevant information used in the application of the performance standard\n   or program to that dealer.\n\nE. An interested party in a hearing held pursuant to subsection A shall comply\nwith the effective date of compliance established by the Commissioner in his\ndecision in such hearing, unless a stay or extension of such date is granted by\nthe Commissioner or the Commissioner&#8217;s decision is under judicial review\nand appeal as provided in subsection A. If, after notice to such interested\nparty and an opportunity to comment, the Commissioner finds an interested party\nhas not complied with his decision by the designated date of compliance, unless\na stay or extension of such date has been granted by the Commissioner or the\nCommissioner&#8217;s decision is under judicial review and appeal, the\nCommissioner may assess such interested party a civil penalty not to exceed\n$1,000 per day of noncompliance. Civil penalties collected under this subsection\nshall be deposited into the Highway Maintenance and Operating Fund established\npursuant to &#xA7; 33.2-1530.\n\nHISTORY: 1996, cc. 1043, 1052, \u00a7 46.2-1992.75; 2000, c. 106; 2015, c. 615;\n2020, cc. 1230, 1275.","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}}