                                 CODE OF VIRGINIA

ENFORCEMENT; CIVIL PENALTY (§ 40.1-33.12)

A. The Commissioner shall enforce the provisions of this article and shall adopt
appropriate guidance for the implementation and enforcement of this article.

B. Any person alleging a violation of this article shall have the right to file
a complaint with the Commissioner within one year of the date the person knew or
should have known of the alleged violation. The Commissioner shall encourage
reporting pursuant to this subsection by keeping confidential, to the maximum
extent permitted by applicable laws, the name and other identifying information
of the employee or other person reporting the violation, provided, however, that
with the authorization of such person, the Commissioner may disclose the
person&#8217;s name and identifying information as necessary to enforce this
article or for other appropriate purposes.

C. Upon receiving a complaint alleging a violation of this article, the
Commissioner shall investigate such complaint and attempt to resolve it through
mediation between the complainant and the subject of the complaint, or other
means. The Commissioner shall keep complainants notified regarding the status of
their complaint and any resultant investigation. If the Commissioner believes
that a violation has occurred, he shall issue to the offending person or
employer a notice of violation and the relief required of the offending person
or entity. The Commissioner shall prescribe the form and wording of such notices
of violation, including any method of appealing a decision of the Commissioner.

D. The Commissioner shall notify any employer who he alleges has violated any
provision of this article by certified mail. Such notice shall contain a
description of the alleged violation. Within 15 days of receipt of notice of the
alleged violation, the employer may request an informal conference with the
Commissioner regarding such violation.

E. Any such employer who knowingly violates this article shall be subject to a
civil penalty not to exceed $1,000 for the first violation and, for subsequent
violations that occur within two years of any previous violation, not to exceed
$2,500 for the second violation and not to exceed $5,000 for each successive
violation. In determining the amount of any civil penalty to be imposed, the
Commissioner shall consider the size of the business of the employer charged and
the gravity of the violation. The decision of the Commissioner shall be final.

F. Civil penalties owed under this article shall be paid to the Commissioner for
deposit into the general fund. The Commissioner shall prescribe procedures for
the payment of proposed assessments of civil penalties that are not contested by
employers.

HISTORY: 2023, c. 751.