                                 CODE OF VIRGINIA

VIOLATIONS; CIVIL PENALTIES (§ 3.2-3625)

A. The Commissioner shall give notice of the violation to the registrant or the
licensee responsible for the regulated product. The Commissioner may give notice
to the distributor from whom the Commissioner sampled the regulated product.

B. To determine the amount of any civil penalty, the Commissioner shall give due
consideration to (i) the history of previous violations, (ii) the seriousness of
the violation, and (iii) the demonstrated good faith of the person charged in
attempting to achieve compliance with the chapter after notification of the
violation.

C. The Commissioner shall determine procedures for payment of uncontested civil
penalties. The procedures 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.

D. The person to whom a civil penalty is issued shall have 15 days to request an
informal fact-finding conference, held pursuant to &#xA7; 2.2-4019, to challenge
the fact or amount of the civil penalty. If the civil penalty is upheld, the
person against whom the civil penalty has been upheld shall have 15 days to pay
the proposed penalty in full, or if the person wishes to contest either the
amount of the penalty or the fact of the violation, forward the proposed amount
to the Commissioner&#8217;s office for placement in an interest-bearing trust
account in the State Treasurer&#8217;s office. If through administrative or
judicial review of the proposed penalty, it is determined that no violation
occurred, or that the amount of penalty should be reduced, the Commissioner
shall within 30 days of that determination remit the appropriate amount to the
person with interest accrued thereon.

E. Final orders of the Commissioner 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 the provisions of
the Administrative Process Act (&#xA7; 2.2-4000 et seq.).

F. Except as otherwise provided, any person convicted of violating any of the
provisions of this chapter or the regulations adopted hereunder is guilty of a
Class 3 misdemeanor.

HISTORY: 2011, cc. 552, 564.