{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-437.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-437.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-437.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-437.1.html"}],"law_id":85861,"edition_id":1,"section_id":85861,"structure_id":14618,"section_number":"59.1-437.1","catch_line":"Denial, suspension, or revocation of registration","history":"2019, cc. 396, 558.","full_text":"A\n\nThe Commissioner may deny an application for registration of an obligor under \u00a7 59.1-436 or may suspend or revoke such registration if the Commissioner finds that such action is necessary for the protection of purchasers or prospective purchasers or that any one of the following is true:1\n\nThe obligor has failed to comply with any provision of this chapter;2\n\nThe obligor has improperly denied or failed to honor a purchaser’s request as provided in subsection D of § 59.1-437 and the denial or failure is not rectified or sufficiently justified by the obligor;3\n\nThe obligor does not pay a civil penalty assessed pursuant to subsection D of § 59.1-437 within 60 days of its assessment;4\n\nThe obligor’s application for registration or any amendment thereto is incomplete in any respect;5\n\nThe obligor failed to meet any other requirement of § 59.1-437;6\n\nThe obligor has made any representation in any document or information filed with the Commissioner that is false or misleading;7\n\nThe obligor has engaged or is engaging in any unlawful act or practice;8\n\nThe obligor does not have a reasonable ability to discharge the obligations imposed upon it by any extended service contract; or9\n\nFacts not known by the Commissioner at the time the Commissioner considered the application for registration indicate that such registration should not have been issued.B\n\nExcept as provided in subsection C, the Commissioner may deny, suspend, or revoke an obligor’s registration after a hearing with 15 days’ notice.C\n\nIf the Commissioner finds that the public health, safety, or welfare requires emergency action and incorporates this finding in his order, the Commissioner may summarily deny, suspend, or revoke a registration. The obligor shall be given an opportunity within 10 days after entry of such an order to appear before the Commissioner and show cause why the summary order should not remain in effect. If good cause is shown, the Commissioner shall vacate the summary order. If good cause is not shown, the summary order shall remain in effect. The obligor shall have 15 days after the registration is summarily suspended within which to request a hearing, or the Commissioner may within 30 days thereafter set the matter for a hearing.D\n\nIf any such registration is suspended or revoked, the Commissioner shall state its reasons for doing so, which shall be entered of record. Suspension or revocation of a registration for any violation of this chapter shall not affect the authority to take any action authorized by § 59.1-441 with respect to such violation.","order_by":null,"text":{"0":{"id":307484,"text":"The Commissioner may deny an application for registration of an obligor under \u00a7 59.1-436 or may suspend or revoke such registration if the Commissioner finds that such action is necessary for the protection of purchasers or prospective purchasers or that any one of the following is true:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":307485,"text":"The obligor has failed to comply with any provision of this chapter;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":307486,"text":"The obligor has improperly denied or failed to honor a purchaser’s request as provided in subsection D of § 59.1-437 and the denial or failure is not rectified or sufficiently justified by the obligor;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":307487,"text":"The obligor does not pay a civil penalty assessed pursuant to subsection D of § 59.1-437 within 60 days of its assessment;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":307488,"text":"The obligor’s application for registration or any amendment thereto is incomplete in any respect;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":307489,"text":"The obligor failed to meet any other requirement of § 59.1-437;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":307490,"text":"The obligor has made any representation in any document or information filed with the Commissioner that is false or misleading;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":307491,"text":"The obligor has engaged or is engaging in any unlawful act or practice;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":307492,"text":"The obligor does not have a reasonable ability to discharge the obligations imposed upon it by any extended service contract; or","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":307493,"text":"Facts not known by the Commissioner at the time the Commissioner considered the application for registration indicate that such registration should not have been issued.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"B"},"10":{"id":307494,"text":"Except as provided in subsection C, the Commissioner may deny, suspend, or revoke an obligor’s registration after a hearing with 15 days’ notice.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A9","next_prefix":"C"},"11":{"id":307495,"text":"If the Commissioner finds that the public health, safety, or welfare requires emergency action and incorporates this finding in his order, the Commissioner may summarily deny, suspend, or revoke a registration. The obligor shall be given an opportunity within 10 days after entry of such an order to appear before the Commissioner and show cause why the summary order should not remain in effect. If good cause is shown, the Commissioner shall vacate the summary order. If good cause is not shown, the summary order shall remain in effect. The obligor shall have 15 days after the registration is summarily suspended within which to request a hearing, or the Commissioner may within 30 days thereafter set the matter for a hearing.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"12":{"id":307496,"text":"If any such registration is suspended or revoked, the Commissioner shall state its reasons for doing so, which shall be entered of record. Suspension or revocation of a registration for any violation of this chapter shall not affect the authority to take any action authorized by § 59.1-441 with respect to such violation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14618,"edition_id":1,"name":"Extended Service Contract Act","identifier":"34","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:48:56","date_modified":"2026-06-26 03:48:56","permalink":{"id":261459,"object_type":"structure","relational_id":14618,"identifier":"34","token":"59.1\/34","url":"\/59.1\/34\/","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":65655,"structure_id":14618,"section_number":"59.1-435","catch_line":"Definitions","url":"\/59.1-435\/","token":"59.1\/34\/59.1-435","metadata":false},{"id":77953,"structure_id":14618,"section_number":"59.1-436","catch_line":"Registration; fees; exemptions","url":"\/59.1-436\/","token":"59.1\/34\/59.1-436","metadata":false},{"id":74852,"structure_id":14618,"section_number":"59.1-437","catch_line":"Third party obligors; proof of financial stability","url":"\/59.1-437\/","token":"59.1\/34\/59.1-437","metadata":false},{"id":85861,"structure_id":14618,"section_number":"59.1-437.1","catch_line":"Denial, suspension, or revocation of registration","url":"\/59.1-437.1\/","token":"59.1\/34\/59.1-437.1","metadata":false},{"id":84052,"structure_id":14618,"section_number":"59.1-438","catch_line":"Regulations","url":"\/59.1-438\/","token":"59.1\/34\/59.1-438","metadata":false},{"id":74376,"structure_id":14618,"section_number":"59.1-439","catch_line":"Investigations","url":"\/59.1-439\/","token":"59.1\/34\/59.1-439","metadata":false},{"id":56458,"structure_id":14618,"section_number":"59.1-440","catch_line":"Production of records","url":"\/59.1-440\/","token":"59.1\/34\/59.1-440","metadata":false},{"id":56159,"structure_id":14618,"section_number":"59.1-440.1","catch_line":"Extended service contracts not insurance","url":"\/59.1-440.1\/","token":"59.1\/34\/59.1-440.1","metadata":false},{"id":57967,"structure_id":14618,"section_number":"59.1-441","catch_line":"Violations of chapter; penalty","url":"\/59.1-441\/","token":"59.1\/34\/59.1-441","metadata":false}],"previous_section":{"id":74852,"structure_id":14618,"section_number":"59.1-437","catch_line":"Third party obligors; proof of financial stability","url":"\/59.1-437\/","token":"59.1\/34\/59.1-437","metadata":false},"next_section":{"id":84052,"structure_id":14618,"section_number":"59.1-438","catch_line":"Regulations","url":"\/59.1-438\/","token":"59.1\/34\/59.1-438","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-437.1\/","history_text":"

This law was first created in 2019. The record of its establishment is cataloged in chapters 396<\/a> and 558<\/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":77953,"section_number":"59.1-436","catch_line":"Registration; fees; exemptions","order_by":null,"url":"\/59.1-436\/"},{"id":74852,"section_number":"59.1-437","catch_line":"Third party obligors; proof of financial stability","order_by":null,"url":"\/59.1-437\/"},{"id":57967,"section_number":"59.1-441","catch_line":"Violations of chapter; penalty","order_by":null,"url":"\/59.1-441\/"}],"permalink":{"id":261473,"object_type":"law","relational_id":85861,"identifier":"59.1-437.1","token":"59.1\/34\/59.1-437.1","url":"\/59.1-437.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-437.1\/","token":"59.1\/34\/59.1-437.1","dublin_core":{"Title":"Denial, suspension, or revocation of registration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-437.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> may deny an application for registration of an obligor<\/span> under \u00a7 59.1-436<\/a> or may suspend or revoke such registration if the Commissioner<\/span> finds that such action is necessary for the protection of purchasers<\/span> or prospective purchasers<\/span> or that any one of the following is true: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The obligor<\/span> has failed to comply with any provision of this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The obligor<\/span> has improperly denied or failed to honor a purchaser<\/span>’s request as provided in subsection D of § 59.1-437<\/a> and the denial or failure is not rectified or sufficiently justified by the obligor<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The obligor<\/span> does not pay a civil penalty<\/span> assessed pursuant to subsection D of § 59.1-437<\/a> within 60 days of its assessment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The obligor<\/span>’s application for registration or any amendment thereto is incomplete in any respect; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The obligor<\/span> failed to meet any other requirement of § 59.1-437<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The obligor<\/span> has made any representation in any document or information filed with the Commissioner<\/span> that is false or misleading; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The obligor<\/span> has engaged or is engaging in any unlawful act or practice; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The obligor<\/span> does not have a reasonable ability to discharge the obligations imposed upon it by any extended service contract<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Facts<\/span> not known by the Commissioner<\/span> at the time the Commissioner<\/span> considered the application for registration indicate that such registration should not have been issued. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in subsection C, the Commissioner<\/span> may deny, suspend, or revoke an obligor<\/span>’s registration after a hearing<\/span> with 15 days’ notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the Commissioner<\/span> finds that the public health, safety, or welfare requires emergency action and incorporates this finding<\/span> in his order<\/span>, the Commissioner<\/span> may summarily deny, suspend, or revoke a registration. The obligor<\/span> shall be given an opportunity within 10 days after entry of such an order<\/span> to appear before the Commissioner<\/span> and show cause why the summary order<\/span> should not remain in effect. If good cause is shown, the Commissioner<\/span> shall vacate the summary order<\/span>. If good cause is not shown, the summary order<\/span> shall remain in effect. The obligor<\/span> shall have 15 days after the registration is summarily suspended within which to request a hearing<\/span>, or the Commissioner<\/span> may within 30 days thereafter set the matter for a hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If any such registration is suspended or revoked, the Commissioner<\/span> shall state its reasons for doing so, which shall be entered of record. Suspension or revocation<\/span> of a registration for any violation of this chapter shall not affect the authority to take any action authorized by § 59.1-441<\/a> with respect to such violation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDENIAL, SUSPENSION, OR REVOCATION OF REGISTRATION (\u00a7 59.1-437.1)\n\nA. The Commissioner may deny an application for registration of an obligor under\n\u00a7 59.1-436 or may suspend or revoke such registration if the Commissioner finds\nthat such action is necessary for the protection of purchasers or prospective\npurchasers or that any one of the following is true:\n\n 1. The obligor has failed to comply with any provision of this chapter;\n\n 2. The obligor has improperly denied or failed to honor a purchaser’s\n request as provided in subsection D of § 59.1-437 and the denial or\n failure is not rectified or sufficiently justified by the obligor;\n\n 3. The obligor does not pay a civil penalty assessed pursuant to subsection D\n of § 59.1-437 within 60 days of its assessment;\n\n 4. The obligor’s application for registration or any amendment thereto\n is incomplete in any respect;\n\n 5. The obligor failed to meet any other requirement of § 59.1-437;\n\n 6. The obligor has made any representation in any document or information\n filed with the Commissioner that is false or misleading;\n\n 7. The obligor has engaged or is engaging in any unlawful act or practice;\n\n 8. The obligor does not have a reasonable ability to discharge the obligations\n imposed upon it by any extended service contract; or\n\n 9. Facts not known by the Commissioner at the time the Commissioner considered\n the application for registration indicate that such registration should not\n have been issued.\n\nB. Except as provided in subsection C, the Commissioner may deny, suspend, or\nrevoke an obligor’s registration after a hearing with 15 days’\nnotice.\n\nC. If the Commissioner finds that the public health, safety, or welfare requires\nemergency action and incorporates this finding in his order, the Commissioner\nmay summarily deny, suspend, or revoke a registration. The obligor shall be\ngiven an opportunity within 10 days after entry of such an order to appear\nbefore the Commissioner and show cause why the summary order should not remain\nin effect. If good cause is shown, the Commissioner shall vacate the summary\norder. If good cause is not shown, the summary order shall remain in effect. The\nobligor shall have 15 days after the registration is summarily suspended within\nwhich to request a hearing, or the Commissioner may within 30 days thereafter\nset the matter for a hearing.\n\nD. If any such registration is suspended or revoked, the Commissioner shall\nstate its reasons for doing so, which shall be entered of record. Suspension or\nrevocation of a registration for any violation of this chapter shall not affect\nthe authority to take any action authorized by § 59.1-441 with respect to\nsuch violation.\n\nHISTORY: 2019, cc. 396, 558.","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}}