                                 CODE OF VIRGINIA

BOARD PROCEEDINGS; CONTEMPLATED ACTIONS BY BREWERY OR WHOLESALER (§ 4.1-509.1)

A. For purposes of this section, &#8220;contemplated action&#8221; means an
action proposed by a brewery or wholesaler that (i) if carried out would violate
any provision of this chapter or clause (v) of subdivision A 1 b of &#xA7;
4.1-225 and (ii) is demonstrated by a specific written statement authored by a
brewery or an employee of a wholesaler who is specifically authorized by virtue
of job title and responsibility to make such statement and such other evidence
as may be required by the Board pursuant to the facts of any given circumstance.

B. Subsequent to compliance with subsection D, any wholesaler may file a
petition against a brewery, and any brewery may file a petition against a
wholesaler, in which the petitioner alleges that the respondent named in the
petition as a matter of past or present fact has contemplated action that if
carried out would violate any provision of this chapter or clause (v) of
subdivision A 1 b of &#xA7; 4.1-225. Any such petition filed shall identify with
specificity the alleged contemplated action, the document in which such
contemplated action is described or authorized, and specify the provision of law
or regulation that the contemplated action would violate if carried out. The
petition shall include a statement that a controversy as to the lawfulness of
the contemplated action exists. The statement shall be supported by evidence of
the petitioner&#8217;s good faith effort to resolve the controversy in
accordance with subsection D. The petitioner shall have the burden of
establishing that the contemplated actions identified in the petition, if
carried out, would violate any provision of law or regulation enumerated in this
subsection. The Board may, if it finds that a brewery or wholesaler has
frivolously maintained a petition or defense to a proceeding pursuant to this
chapter, award reasonable costs and attorney fees to the prevailing party.

C. Any petition filed by a brewery or wholesaler pursuant to this section shall
be delivered to the Secretary of the Board. The Board shall promptly issue a
written determination as to whether a violation or attempted violation as
alleged in the petition has occurred. In addition, the Board shall promptly
issue a written determination as to whether a violation alleged in the petition
would occur if the contemplated action identified in the petition were to be
carried out.

D. Prior to filing a petition, a party shall communicate with the party alleged
to be considering a contemplated action and initiate a good faith attempt to
resolve the issue in question. If within 21 days of initiating the communication
required by this subsection, or such longer period of time if mutually agreed
upon, there is no resolution, either party may proceed to file a petition in
accordance with subsection B.

HISTORY: 2013, c. 3; 2023, c. 774.