                                 CODE OF VIRGINIA

REFUSAL TO ISSUE AND REVOCATION OF LICENSE; HEARING; NEW APPLICATION (§
38.2-1832)

A. If the Commission believes that any applicant for a license is not of good
character or does not have a good reputation for honesty, it may refuse to issue
the license, subject to the right of the applicant to demand a hearing on the
application. Except as provided in &#xA7; 38.2-1042, the Commission shall not
revoke or suspend an existing license until the licensee is given an opportunity
to be heard before the Commission. If the Commission refuses to issue a new
license or proposes to revoke or suspend an existing license, it shall give the
applicant or licensee at least ten calendar days&#8217; notice in writing of the
time and place of the hearing if a hearing is requested. The notice shall
contain a statement of the objections to the issuance of the license, or the
reason for its proposed revocation or suspension, as the case may be. The notice
may be given to the applicant or licensee by registered or certified mail, sent
to the last known address of record pursuant to &#xA7; 38.2-1826, or the last
known business address if the address of record is incorrect, or in any other
lawful manner the Commission prescribes. The Commission may summon witnesses to
testify with respect to the applicant or licensee, and the applicant or licensee
may introduce evidence in his or its behalf. No applicant to whom a license is
refused after a hearing, nor any licensee whose license is revoked, shall again
apply for a license until after the expiration of a period of five years from
the date of the Commission&#8217;s order, or such other period of time as the
Commission prescribes in its order.

B. The license of a business entity may be suspended, revoked or refused if the
Commission finds, after notice and an opportunity to be heard, that a violation
by an individual licensee acting at the direction of, on behalf of, or with the
permission of the business entity was known to be a violation by one or more of
the partners, officers or managers acting on behalf of the business entity, and
the violation was neither reported to the Commission nor corrective action
taken.

C. In addition to or in lieu of any applicable denial, suspension or revocation
of a license, a person may, after notice and an opportunity to be heard, be
subject to a penalty pursuant to &#xA7; 38.2-218.

D. The Commission shall retain the authority to enforce the provisions of and
impose any penalty or remedy authorized by this title against any person who is
under investigation for or charged with a violation of this title, even if the
person&#8217;s license or registration has been surrendered, terminated,
suspended, revoked, or has lapsed by operation of law.

HISTORY: Code 1950, § 38.1-312; 1952, c. 317; 1979, c. 513, § 38.1-327.44;
1981, c. 604; 1985, c. 616; 1986, c. 562; 1987, c. 521; 2001, c. 706.