                                 CODE OF VIRGINIA

BOARD PROCEEDINGS AND APPELLATE REVIEW (§ 4.1-509)

A. The Board, upon petition by any beer wholesaler or brewery, 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 a
brewery or beer 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 and governed by 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 brewery 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 brewery and wholesaler on condition that
such information will not be disclosed by the Board, the brewery, 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: 1978, c. 579, § 4-118.11; 1980, c. 299; 1981, c. 536; 1985, c. 549;
1987, c. 139; 1993, c. 866.