{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-167.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-167.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-167.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-167.2.html"}],"law_id":77338,"edition_id":1,"section_id":77338,"structure_id":14471,"section_number":"59.1-167.2","catch_line":"Civil penalties","history":"1992, c. 885.","full_text":"A\n\nIn addition to the penalties prescribed in &#xA7; 59.1-163, any person violating any provision of this chapter or regulation adopted thereunder may be assessed a civil penalty by the Board in an amount not to exceed $1,000 per violation. In determining the amount of any civil penalty, the Board shall give due consideration to (i) the history of previous violations of the person; (ii) the seriousness of the violation; and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the chapter or regulation adopted thereunder after notification of the violation.B\n\nCivil penalties assessed under this section shall be paid into the Weights and Measures Fund as established by &#xA7; 3.2-5628. The Commissioner shall prescribe procedures for payment of uncontested penalties. The procedure shall include provisions for a person to consent to abatement of the alleged violation and pay a penalty or negotiated sum in lieu of such penalty without admission of civil liability arising from such alleged violation.C\n\nFinal orders may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. Such orders may be appealed in accordance with provisions of the Administrative Process Act (&#xA7; 2.2-4000 et seq.).","order_by":null,"text":{"0":{"id":277385,"text":"In addition to the penalties prescribed in &#xA7; 59.1-163, any person violating any provision of this chapter or regulation adopted thereunder may be assessed a civil penalty by the Board in an amount not to exceed $1,000 per violation. In determining the amount of any civil penalty, the Board shall give due consideration to (i) the history of previous violations of the person; (ii) the seriousness of the violation; and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the chapter or regulation adopted thereunder after notification of the violation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277386,"text":"Civil penalties assessed under this section shall be paid into the Weights and Measures Fund as established by &#xA7; 3.2-5628. The Commissioner shall prescribe procedures for payment of uncontested penalties. The procedure shall include provisions for a person to consent to abatement of the alleged violation and pay a penalty or negotiated sum in lieu of such penalty without admission of civil liability arising from such alleged violation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":277387,"text":"Final orders may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. Such orders may be appealed in accordance with provisions of the Administrative Process Act (&#xA7; 2.2-4000 et seq.).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14471,"edition_id":1,"name":"Motor Fuels and Lubricating Oils","identifier":"12","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:48:15","date_modified":"2026-06-26 03:48:15","permalink":{"id":259645,"object_type":"structure","relational_id":14471,"identifier":"12","token":"59.1\/12","url":"\/59.1\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75950,"structure_id":14471,"section_number":"59.1-149","catch_line":"Definitions","url":"\/59.1-149\/","token":"59.1\/12\/59.1-149","metadata":false},{"id":86260,"structure_id":14471,"section_number":"59.1-150","catch_line":"Motor fuel subject to inspection and testing","url":"\/59.1-150\/","token":"59.1\/12\/59.1-150","metadata":false},{"id":66305,"structure_id":14471,"section_number":"59.1-151","catch_line":"Statements to be filed by manufacturers, wholesalers and jobbers","url":"\/59.1-151\/","token":"59.1\/12\/59.1-151","metadata":false},{"id":75461,"structure_id":14471,"section_number":"59.1-152","catch_line":"Collection and analysis of samples","url":"\/59.1-152\/","token":"59.1\/12\/59.1-152","metadata":false},{"id":61395,"structure_id":14471,"section_number":"59.1-153","catch_line":"Methods of making inspection","url":"\/59.1-153\/","token":"59.1\/12\/59.1-153","metadata":false},{"id":58289,"structure_id":14471,"section_number":"59.1-154","catch_line":"Inspection and testing under supervision of Commissioner","url":"\/59.1-154\/","token":"59.1\/12\/59.1-154","metadata":false},{"id":73561,"structure_id":14471,"section_number":"59.1-155","catch_line":"Prohibiting sale of defective motor fuel","url":"\/59.1-155\/","token":"59.1\/12\/59.1-155","metadata":false},{"id":85974,"structure_id":14471,"section_number":"59.1-155.1","catch_line":"Engine coolant and antifreeze bittering agent; penalty","url":"\/59.1-155.1\/","token":"59.1\/12\/59.1-155.1","metadata":false},{"id":79968,"structure_id":14471,"section_number":"59.1-156","catch_line":"Rules and regulations","url":"\/59.1-156\/","token":"59.1\/12\/59.1-156","metadata":false},{"id":84042,"structure_id":14471,"section_number":"59.1-157","catch_line":"Complaints to Commissioner","url":"\/59.1-157\/","token":"59.1\/12\/59.1-157","metadata":false},{"id":63118,"structure_id":14471,"section_number":"59.1-158","catch_line":"Repealed","url":"\/59.1-158\/","token":"59.1\/12\/59.1-158","metadata":false},{"id":63657,"structure_id":14471,"section_number":"59.1-162","catch_line":"Cooperation by state agencies","url":"\/59.1-162\/","token":"59.1\/12\/59.1-162","metadata":false},{"id":67890,"structure_id":14471,"section_number":"59.1-162.1","catch_line":"Direct fueling of commercial vehicles authorized; conditions","url":"\/59.1-162.1\/","token":"59.1\/12\/59.1-162.1","metadata":false},{"id":55854,"structure_id":14471,"section_number":"59.1-163","catch_line":"Penalty for violation","url":"\/59.1-163\/","token":"59.1\/12\/59.1-163","metadata":false},{"id":65003,"structure_id":14471,"section_number":"59.1-164","catch_line":"Duty of attorney for the Commonwealth","url":"\/59.1-164\/","token":"59.1\/12\/59.1-164","metadata":false},{"id":77031,"structure_id":14471,"section_number":"59.1-165","catch_line":"Chemical analysis as evidence","url":"\/59.1-165\/","token":"59.1\/12\/59.1-165","metadata":false},{"id":61351,"structure_id":14471,"section_number":"59.1-166","catch_line":"Enforcement by Commissioner","url":"\/59.1-166\/","token":"59.1\/12\/59.1-166","metadata":false},{"id":61145,"structure_id":14471,"section_number":"59.1-167","catch_line":"Conflicting local laws and ordinances prohibited","url":"\/59.1-167\/","token":"59.1\/12\/59.1-167","metadata":false},{"id":80379,"structure_id":14471,"section_number":"59.1-167.1","catch_line":"Labeling of motor fuels; notification to reseller","url":"\/59.1-167.1\/","token":"59.1\/12\/59.1-167.1","metadata":false},{"id":77338,"structure_id":14471,"section_number":"59.1-167.2","catch_line":"Civil penalties","url":"\/59.1-167.2\/","token":"59.1\/12\/59.1-167.2","metadata":false},{"id":75589,"structure_id":14471,"section_number":"59.1-167.3","catch_line":"Delegation of authority","url":"\/59.1-167.3\/","token":"59.1\/12\/59.1-167.3","metadata":false}],"previous_section":{"id":80379,"structure_id":14471,"section_number":"59.1-167.1","catch_line":"Labeling of motor fuels; notification to reseller","url":"\/59.1-167.1\/","token":"59.1\/12\/59.1-167.1","metadata":false},"next_section":{"id":75589,"structure_id":14471,"section_number":"59.1-167.3","catch_line":"Delegation of authority","url":"\/59.1-167.3\/","token":"59.1\/12\/59.1-167.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-167.2\/","history_text":"<p>This law was first created in 1992. The record of its establishment is cataloged in chapter 885 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. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":76090,"section_number":"3.2-5628","catch_line":"Weights and Measures Fund established; purpose","order_by":null,"url":"\/3.2-5628\/"},{"id":55854,"section_number":"59.1-163","catch_line":"Penalty for violation","order_by":null,"url":"\/59.1-163\/"}],"permalink":{"id":259723,"object_type":"law","relational_id":77338,"identifier":"59.1-167.2","token":"59.1\/12\/59.1-167.2","url":"\/59.1-167.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-167.2\/","token":"59.1\/12\/59.1-167.2","dublin_core":{"Title":"Civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-167.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> In addition to the penalties prescribed in &#xA7; <a class=\"law\" title=\"Penalty for violation\" href=\"\/59.1-163\/\">59.1-163<\/a>, any person violating any provision of this chapter or regulation adopted thereunder may be assessed a civil <span class=\"dictionary\">penalty<\/span> by the Board in an amount not to exceed $1,000 per violation. In determining the amount of any civil <span class=\"dictionary\">penalty<\/span>, the Board shall give due consideration to (i) the history of previous violations of the person; (ii) the seriousness of the violation; and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the chapter or regulation adopted thereunder after notification of the violation. <a id=\"paragraph-277385\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-167.2\/#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> Civil penalties assessed under this section shall be paid into the Weights and Measures Fund as established by &#xA7; <a class=\"law\" title=\"Weights and Measures Fund established; purpose\" href=\"\/3.2-5628\/\">3.2-5628<\/a>. The <span class=\"dictionary\">Commissioner<\/span> shall prescribe procedures for payment of uncontested penalties. The procedure shall include provisions for a person to consent to abatement of the alleged violation and pay a <span class=\"dictionary\">penalty<\/span> or negotiated sum in lieu of such <span class=\"dictionary\">penalty<\/span> without admission of civil liability arising from such alleged violation. <a id=\"paragraph-277386\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-167.2\/#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> <span class=\"dictionary\">Final orders<\/span> may be recorded, enforced and satisfied as orders or <span class=\"dictionary\">decrees<\/span> of a <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> upon certification of such orders by the <span class=\"dictionary\">Commissioner<\/span>. Such orders may be appealed in accordance with provisions of 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-277387\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-167.2\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCIVIL PENALTIES (\u00a7 59.1-167.2)\n\nA. In addition to the penalties prescribed in &#xA7; 59.1-163, any person\nviolating any provision of this chapter or regulation adopted thereunder may be\nassessed a civil penalty by the Board in an amount not to exceed $1,000 per\nviolation. In determining the amount of any civil penalty, the Board shall give\ndue consideration to (i) the history of previous violations of the person; (ii)\nthe seriousness of the violation; and (iii) the demonstrated good faith of the\nperson charged in attempting to achieve compliance with the chapter or\nregulation adopted thereunder after notification of the violation.\n\nB. Civil penalties assessed under this section shall be paid into the Weights\nand Measures Fund as established by &#xA7; 3.2-5628. The Commissioner shall\nprescribe procedures for payment of uncontested penalties. The procedure shall\ninclude provisions for a person to consent to abatement of the alleged violation\nand pay a penalty or negotiated sum in lieu of such penalty without admission of\ncivil liability arising from such alleged violation.\n\nC. Final orders may be recorded, enforced and satisfied as orders or decrees of\na circuit court upon certification of such orders by the Commissioner. Such\norders may be appealed in accordance with provisions of the Administrative\nProcess Act (&#xA7; 2.2-4000 et seq.).\n\nHISTORY: 1992, c. 885.","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}}