                                 CODE OF VIRGINIA

BOARD PROCEEDINGS AND APPELLATE REVIEW (§ 4.1-410)

A. The Board, upon petition by any interested party, or upon its own motion if
it has reasonable grounds to believe a violation has or may have occurred, shall
have the responsibility of determining whether a violation of any provision of
this chapter has occurred. The Board may, if it finds that the winery or wine
wholesaler has acted in bad faith in violating any provision of this chapter or
in seeking relief pursuant to this chapter, award reasonable costs and
attorneys&#8217; fees to the prevailing party.

B. All proceedings under this chapter and any judicial review thereof shall be
held in accordance with the Virginia Administrative Process Act (&#xA7; 2.2-4000
et seq.). Notwithstanding the foregoing, the Board may adopt regulations
pertaining to proceedings under this chapter, including regulations authorizing
or requiring the issuance of subpoenas for the production of documents,
subpoenas for the attendance of witnesses, requests for admissions,
interrogatories, and depositions, not inconsistent with Part 4 of the Rules of
the Supreme Court of Virginia.

C. In all proceedings under this chapter, the Board or the circuit court
reviewing a Board order, for good cause, shall enter an order requiring that
information relating to the sale, marketing, or manufacturing practices or
processes of the winery or the wholesaler be filed with the Board or the court,
as the case may be, in sealed envelopes and that the information contained
therein remain available only to the winery and wholesaler on condition that
such information will not be disclosed by the Board, the winery or the
wholesaler, or their respective agents and employees. Upon conclusion of the
proceedings under this chapter, information supplied shall be returned to the
party furnishing it or, in the alternative, the Board or the court may order
that such information be sealed to be opened only by order of the Board or the
court.

HISTORY: Code 1950, § 4-118.31; 1985, c. 542, § 4-118.51; 1987, c. 139; 1989,
c. 10; 1993, c. 866.