                                 CODE OF VIRGINIA

CIVIL PENALTIES (§ 3.2-5210)

A. In addition to the penalties prescribed in &#xA7; 3.2-5209, any person
violating any provision of this article or regulation adopted hereunder may be
assessed a civil penalty by the Commissioner for each violation in an amount not
to exceed $1,000. Any civil penalty may be in lieu of suspension of a permit
issued pursuant to &#xA7; 3.2-5206. In determining the amount of any civil
penalty, the Commissioner shall give due consideration to: (i) the previous
violations committed by the person; (ii) the seriousness of the violation; and
(iii) the demonstrated good faith of the person charged in attempting to achieve
compliance with this article or regulation adopted hereunder after notification
of the violation. Any civil penalty shall be in addition to any payment that may
be required for the wholesale value of all milk and milk products that must be
destroyed as a consequence of such violation.

B. A civil penalty may be assessed by the Commissioner only after the
Commissioner has given the person charged with a violation an opportunity for a
public hearing. Where such a public hearing has been held, the Commissioner
shall make findings of fact and issue a written decision as to the occurrence of
the violation and the amount of the penalty that is warranted, incorporating,
when appropriate, an order requiring that the penalty be paid. When appropriate,
the Commissioner shall consolidate such hearings with other proceedings pursuant
to the provisions of this chapter. Any hearing under this section shall be a
formal adjudicatory hearing in accordance with the Administrative Process Act
(&#xA7; 2.2-4000 et seq.). When the person charged with such a violation fails
to avail himself of the opportunity for a public hearing, a civil penalty shall
be assessed by the Commissioner after the Commissioner determines that a
violation has occurred and the amount of the penalty warranted, and issues an
order requiring that the penalty be paid.

C. Civil penalties assessed under this section shall be paid into the general
fund of the state treasury. The Board shall prescribe procedures for payment of
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. 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 the provisions of the Administrative
Process Act (&#xA7; 2.2-4000 et seq.).

E. Nothing in this section shall require the Commissioner to institute
proceedings for the imposition of civil penalties if the Commissioner considers
the violations of this article to be minor. In such cases, the Commissioner may
serve a suitable notice of warning in writing when he believes that the public
interest will be served by so doing.

F. The penalty provisions of this section shall not apply to violations of this
article or any regulation adopted hereunder with respect to excessive drug
residue. The penalty for any such violation shall be as provided in &#xA7;
3.2-5211.

HISTORY: 2000, c. 993, § 3.1-530.10; 2001, c. 523; 2008, c. 860.