                                 CODE OF VIRGINIA

CIVIL PENALTIES (§ 3.2-5714)

A. Any person violating any 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 per violation. In determining the amount of any civil penalty, the
Board shall give due consideration to: (i) the history of the person&#8217;s
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.

B. Civil penalties assessed under this section shall be paid into the Weights
and Measures Fund as established by &#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.

C. 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.).

HISTORY: 1992, c. 242, § 3.1-969.14; 2008, c. 860.