                                 CODE OF VIRGINIA

CIVIL PENALTIES; SUIT TO ENJOIN VIOLATION; COMPROMISE (§ 3.2-5646)

A. The Commissioner may bring a suit to enjoin the violation of any provision of
this chapter, or any regulation made pursuant thereto, in the circuit court of
the county or city where the violation occurs, or in the Circuit Court of the
City of Richmond if the violation may affect more than one county or city. The
Commissioner may request either the attorney for the Commonwealth or the
Attorney General to take action under this section, when appropriate.

B. Any person violating a provision of this chapter or regulations adopted
hereunder may be assessed a civil penalty by the Board in an amount not to
exceed $1,000. In determining the amount of any civil penalty, the Board shall
give due consideration to: (i) the history of previous violations of the person;
(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. Civil penalties assessed under this section shall be paid into the Weights
and Measures Fund as established in &#xA7; 3.2-5628. The Commissioner shall
prescribe procedures for payment of uncontested penalties. The procedure 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.
			Final orders may be recorded, enforced, and satisfied as orders or decrees of
a circuit court upon certification of such orders by the Commissioner. The
orders may be appealed in accordance with the provisions of the Administrative
Process Act (&#xA7; 2.2-4000 et seq.).

HISTORY: 1991, c. 605, § 3.1-966.1; 2008, c. 860.