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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>70077</law_id><section_number>40.1-28</section_number><catch_line>Unlawful to require payment for medical examination as condition of employment</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="40.1">Labor and Employment</unit><unit label="chapter" level="2" order_by="1" identifier="3">Protection of Employees</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>It shall be unlawful for any <span class="dictionary">employer</span> to require any <span class="dictionary">employee</span> or applicant for employment to pay the cost of a medical examination or the cost of furnishing any medical records required by the <span class="dictionary">employer</span> as a condition of employment.
		Any <span class="dictionary">employer</span> who violates the provisions of this section shall be subject to a civil <span class="dictionary">penalty</span> not to exceed $100 for each violation. The <span class="dictionary">Commissioner</span> shall notify any <span class="dictionary">employer</span> who he alleges has violated any provision of this section by certified mail or overnight delivery service. Such notice shall contain a description of the alleged violation. Within 21 days of receipt of notice of the alleged violation, the <span class="dictionary">employer</span> may request an informal conference regarding such violation with the <span class="dictionary">Commissioner</span>. If the <span class="dictionary">employer</span> fails to contest the violation by requesting such an informal conference within 21 days following its receipt of the notice of the alleged violation, the violation and proposed <span class="dictionary">penalty</span> will become a <span class="dictionary">final order</span> of the <span class="dictionary">Commissioner</span> and not subject to review by any <span class="dictionary">court</span> or agency except upon a showing of good cause. Such informal conference shall result in a decision by the <span class="dictionary">Commissioner</span> that will be appealable to the appropriate <span class="dictionary">circuit</span> <span class="dictionary">court</span>. The <span class="dictionary">Department</span> shall send a copy of the <span class="dictionary">Commissioner</span>&#x2019;s decision to the <span class="dictionary">employer</span> by certified mail or overnight delivery service. The <span class="dictionary">employer</span> may file a notice of an <span class="dictionary">appeal</span> only within 30 days from the receipt of the decision. The <span class="dictionary">appeal</span> shall be on the agency record. With respect to matters of <span class="dictionary">law</span>, the burden shall be on the <span class="dictionary">party</span> seeking review to designate and demonstrate an error of <span class="dictionary">law</span> subject to review by the <span class="dictionary">court</span>. With respect to <span class="dictionary">issues</span> of <span class="dictionary">fact</span>, the duty of the <span class="dictionary">court</span> shall be limited to ascertaining whether there was substantial <span class="dictionary">evidence</span> in the record to reasonably support the <span class="dictionary">Commissioner</span>&#x2019;s <span class="dictionary">findings</span> of <span class="dictionary">fact</span>.
		Civil penalties owed under this section shall be paid to the <span class="dictionary">Commissioner</span> for deposit into the general fund of the Treasury of the Commonwealth. The <span class="dictionary">Commissioner</span> shall prescribe procedures for the payment of proposed penalties which are not contested by <span class="dictionary">employers</span>.</p></section></text><history>Code 1950, &#xA7; 40-22.1; 1952, c. 525; 1962, c. 66; 1970, c. 321; 1973, c. 425; 1982, c. 84; 2015, c. 285.</history><metadata></metadata></law>
