                                 CODE OF VIRGINIA

CIVIL PENALTIES (§ 3.2-5233)

A. In addition to the penalties prescribed in &#xA7; 3.2-5229 or 3.2-5232, 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 $15,000. 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 the regulations 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 he 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 therein 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 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.

HISTORY: 2000, c. 993, § 3.1-545.1; 2008, c. 860.