{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-1902.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-1902.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-1902.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-1902.html"}],"law_id":58268,"edition_id":1,"section_id":58268,"structure_id":15303,"section_number":"58.1-1902","catch_line":"Debarment; civil penalty","history":"2020, cc. 681, 682; 2023, cc. 518, 519.","full_text":"A\n\nWhenever the Department determines that an employer failed to properly classify an individual as an employee under the provisions of § 58.1-1900, the Department shall notify such employer of the determination. This notification shall serve as an action by the Department with respect to debarment that allows the employer to apply for relief pursuant to §§ 58.1-1821 and 58.1-1825.B\n\nUpon an employer’s subsequent violations of subsection A, and after all rights of administrative and judicial appeals have been exhausted or the time period for bringing such appeals has expired, the Department shall provide notice to all public bodies and covered institutions of the name of such employer. Public bodies and covered institutions shall not award a contract to such employer or to any firm, corporation, or partnership in which the employer has an interest in the following manner:1\n\nFor a period of up to one year, as determined by the Department, from the date of the notice provided pursuant to this subsection for a second offense.2\n\nFor a period of up to three years, as determined by the Department, from the date of the notice provided pursuant to this subsection for a third or subsequent offense.","order_by":null,"text":{"0":{"id":213487,"text":"Whenever the Department determines that an employer failed to properly classify an individual as an employee under the provisions of § 58.1-1900, the Department shall notify such employer of the determination. This notification shall serve as an action by the Department with respect to debarment that allows the employer to apply for relief pursuant to §§ 58.1-1821 and 58.1-1825.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":213488,"text":"Upon an employer’s subsequent violations of subsection A, and after all rights of administrative and judicial appeals have been exhausted or the time period for bringing such appeals has expired, the Department shall provide notice to all public bodies and covered institutions of the name of such employer. Public bodies and covered institutions shall not award a contract to such employer or to any firm, corporation, or partnership in which the employer has an interest in the following manner:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":213489,"text":"For a period of up to one year, as determined by the Department, from the date of the notice provided pursuant to this subsection for a second offense.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":213490,"text":"For a period of up to three years, as determined by the Department, from the date of the notice provided pursuant to this subsection for a third or subsequent offense.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1"}},"ancestry":[{"id":15303,"edition_id":1,"name":"Worker Misclassification","identifier":"19","label":"chapter","depth":3,"order_by":1,"parent_id":12837,"metadata":{},"date_created":"2026-06-26 03:53:47","date_modified":"2026-06-26 03:53:47","permalink":{"id":253139,"object_type":"structure","relational_id":15303,"identifier":"19","token":"58.1\/I\/19","url":"\/58.1\/I\/19\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12837,"edition_id":1,"name":"Taxes Administered by the Department of Taxation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":252075,"object_type":"structure","relational_id":12837,"identifier":"I","token":"58.1\/I","url":"\/58.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12703,"edition_id":1,"name":"Taxation","identifier":"58.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":251959,"object_type":"structure","relational_id":12703,"identifier":"58.1","token":"58.1","url":"\/58.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71763,"structure_id":15303,"section_number":"58.1-1900","catch_line":"Classification of employees","url":"\/58.1-1900\/","token":"58.1\/I\/19\/58.1-1900","metadata":false},{"id":75593,"structure_id":15303,"section_number":"58.1-1901","catch_line":"Civil penalties","url":"\/58.1-1901\/","token":"58.1\/I\/19\/58.1-1901","metadata":false},{"id":58268,"structure_id":15303,"section_number":"58.1-1902","catch_line":"Debarment; civil penalty","url":"\/58.1-1902\/","token":"58.1\/I\/19\/58.1-1902","metadata":false},{"id":83893,"structure_id":15303,"section_number":"58.1-1903","catch_line":"Certain agreements prohibited","url":"\/58.1-1903\/","token":"58.1\/I\/19\/58.1-1903","metadata":false},{"id":60804,"structure_id":15303,"section_number":"58.1-1904","catch_line":"Unlawful acts","url":"\/58.1-1904\/","token":"58.1\/I\/19\/58.1-1904","metadata":false},{"id":62738,"structure_id":15303,"section_number":"58.1-1905","catch_line":"Reporting","url":"\/58.1-1905\/","token":"58.1\/I\/19\/58.1-1905","metadata":false}],"previous_section":{"id":75593,"structure_id":15303,"section_number":"58.1-1901","catch_line":"Civil penalties","url":"\/58.1-1901\/","token":"58.1\/I\/19\/58.1-1901","metadata":false},"next_section":{"id":83893,"structure_id":15303,"section_number":"58.1-1903","catch_line":"Certain agreements prohibited","url":"\/58.1-1903\/","token":"58.1\/I\/19\/58.1-1903","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-1902\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 681<\/a> and 682<\/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 1 time. 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. That modification is as follows: in 2023, chapters 518<\/a> and 519<\/a>.<\/p>","references":[{"id":59483,"section_number":"2.2-4321","catch_line":"Debarment","order_by":null,"url":"\/2.2-4321\/"},{"id":54190,"section_number":"2.2-4343","catch_line":"Exemption from operation of chapter for certain transactions","order_by":null,"url":"\/2.2-4343\/"},{"id":76759,"section_number":"58.1-1821","catch_line":"Application to Tax Commissioner for correction","order_by":null,"url":"\/58.1-1821\/"},{"id":72555,"section_number":"58.1-1825","catch_line":"Application to court for correction of erroneous or improper assessments of state taxes generally","order_by":null,"url":"\/58.1-1825\/"}],"refers_to":[{"id":76759,"section_number":"58.1-1821","catch_line":"Application to Tax Commissioner for correction","order_by":null,"url":"\/58.1-1821\/"},{"id":71763,"section_number":"58.1-1900","catch_line":"Classification of employees","order_by":null,"url":"\/58.1-1900\/"}],"permalink":{"id":253149,"object_type":"law","relational_id":58268,"identifier":"58.1-1902","token":"58.1\/I\/19\/58.1-1902","url":"\/58.1-1902\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-1902\/","token":"58.1\/I\/19\/58.1-1902","dublin_core":{"Title":"Debarment; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-1902","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever the Department<\/span> determines that an employer failed to properly classify an individual as an employee under the provisions of § 58.1-1900<\/a>, the Department<\/span> shall notify such employer of the determination. This notification shall serve as an action by the Department<\/span> with respect to debarment that allows the employer to apply for relief pursuant to §§ 58.1-1821<\/a> and 58.1-1825<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon an employer’s subsequent violations of subsection A, and after all rights of administrative and judicial appeals<\/span> have been exhausted or the time period for bringing such appeals<\/span> has expired, the Department<\/span> shall provide notice to all public bodies and covered institutions of the name of such employer. Public bodies and covered institutions shall not award a contract<\/span> to such employer or to any firm, corporation, or partnership in which the employer has an interest in the following manner: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For a period of up to one year, as determined by the Department<\/span>, from the date of the notice provided pursuant to this subsection for a second offense<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For a period of up to three years, as determined by the Department<\/span>, from the date of the notice provided pursuant to this subsection for a third or subsequent offense<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEBARMENT; CIVIL PENALTY (\u00a7 58.1-1902)\n\nA. Whenever the Department determines that an employer failed to properly\nclassify an individual as an employee under the provisions of § 58.1-1900,\nthe Department shall notify such employer of the determination. This\nnotification shall serve as an action by the Department with respect to\ndebarment that allows the employer to apply for relief pursuant to §§\n58.1-1821 and 58.1-1825.\n\nB. Upon an employer’s subsequent violations of subsection A, and after all\nrights of administrative and judicial appeals have been exhausted or the time\nperiod for bringing such appeals has expired, the Department shall provide\nnotice to all public bodies and covered institutions of the name of such\nemployer. Public bodies and covered institutions shall not award a contract to\nsuch employer or to any firm, corporation, or partnership in which the employer\nhas an interest in the following manner:\n\n 1. For a period of up to one year, as determined by the Department, from the\n date of the notice provided pursuant to this subsection for a second offense.\n\n 2. For a period of up to three years, as determined by the Department, from\n the date of the notice provided pursuant to this subsection for a third or\n subsequent offense.\n\nHISTORY: 2020, cc. 681, 682; 2023, cc. 518, 519.","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}}