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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>81352</law_id><section_number>46.2-1187.2</section_number><catch_line>Compelling compliance with regulations and order of Board; penalty</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>46.2-1179.1</reference><reference>46.2-1185</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="46.2">Motor Vehicles</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Operation</unit><unit label="chapter" level="3" order_by="1" identifier="10">Motor Vehicle and Equipment Safety</unit><unit label="article" level="4" order_by="1" identifier="22">Emissions Inspections</unit></structure><text>
						<section><p>Any <span class="dictionary">emissions inspection station</span> <span class="dictionary">owner</span> violating or failing, neglecting, or refusing to obey any regulation or <span class="dictionary">order</span> of the <span class="dictionary">Board</span> may be compelled to comply by <span class="dictionary">injunction</span>, mandamus, or other appropriate remedy.
		Without limiting the remedies which may be obtained under the foregoing provisions of this section, any <span class="dictionary">emissions inspection station</span> <span class="dictionary">owner</span> violating or failing, neglecting, or refusing to obey any regulation or <span class="dictionary">order</span> of the <span class="dictionary">Board</span> or any provision of this article, shall, in the discretion of the <span class="dictionary">court</span>, be subject to a civil <span class="dictionary">penalty</span> of no more than $25,000 for each violation. Each day of violation shall constitute a separate <span class="dictionary">offense</span>. In determining the amount of any civil <span class="dictionary">penalty</span> to be assessed, the <span class="dictionary">court</span> shall consider, in addition to such other factors as it may deem appropriate, the size of the <span class="dictionary">emissions inspection station</span> <span class="dictionary">owner</span>&#x2019;s business, the severity of the economic impact of the <span class="dictionary">penalty</span> on that business, and the seriousness of the violation. Such civil penalties may, in the discretion of the <span class="dictionary">court</span>, be directed to be paid into the treasury of the county, city, or town in which the violation occurred to be used to abate environmental pollution in whatever manner the <span class="dictionary">court</span>, by <span class="dictionary">order</span>, may direct. However, where the <span class="dictionary">emissions inspection station</span> <span class="dictionary">owner</span> is the county, city, or town or an <span class="dictionary">agent</span> thereof, the <span class="dictionary">court</span> shall direct the <span class="dictionary">penalty</span> to be paid into the state treasury.
		With the consent of the <span class="dictionary">emissions inspection station</span> <span class="dictionary">owner</span> who has violated or failed, neglected, or refused to obey any regulation or <span class="dictionary">order</span> of the <span class="dictionary">Board</span> or any provision of this article, the <span class="dictionary">Board</span> may, in any <span class="dictionary">order</span> issued by the <span class="dictionary">Board</span> against such <span class="dictionary">owner</span>, provide for the payment of civil charges in specific sums, not to exceed the limit in the foregoing provisions of this section. Such civil charges shall be in lieu of any civil <span class="dictionary">penalty</span> which could be imposed under the foregoing provisions of this section.
		Any <span class="dictionary">penalty</span> provided for in this section to which an <span class="dictionary">emissions inspection station</span> <span class="dictionary">owner</span> is subject shall apply to any emissions inspector or certified emissions repair mechanic employed by or at that station.
		As to <span class="dictionary">emissions inspection station</span> <span class="dictionary">owners</span>, emissions inspectors, and certified emissions repair mechanics, <span class="dictionary">minor</span> violations as set forth in <span class="dictionary">Board</span> regulations may be punishable by letters of reprimand from the <span class="dictionary">Department</span>. Major violations as set forth in <span class="dictionary">Board</span> regulations may be punishable by <span class="dictionary">probation</span>, <span class="dictionary">suspension</span> and/or license or certificate <span class="dictionary">revocation</span>, depending on the nature and type of violation. Civil penalties may be imposed only for major types of violations.
		The <span class="dictionary">Board</span> shall provide by regulation a process whereby <span class="dictionary">emissions inspection station</span> <span class="dictionary">owners</span>, emissions inspectors and certified emissions repair mechanics may <span class="dictionary">appeal</span> penalties for violations. Such regulations regarding the process to <span class="dictionary">appeal</span> penalties for violations shall provide that the <span class="dictionary">appeal</span> process shall be handled by a person other than the Program Manager for the applicable emissions program or one of his regional employees.</p></section></text><history>1991, c. 531; 1995, cc. 836, 851.</history><metadata></metadata></law>
