                                 CODE OF VIRGINIA

PENALTIES AND REMEDIES FOR VIOLATIONS OF ARTICLE (§ 46.2-1190.5)

A. The Department shall impose the following penalties on any training center
for violations of the requirements of this article:

   1. Limit the type of instruction provided by the training center;

   2. Suspend or revoke the license of the training center;

   3. Impose a civil penalty as set forth in &#xA7; 46.2-1190.7; or

   4. Impose any combination of the penalties set forth in this subsection.

B. When violations occur that are not found by the Department to pose a threat
to the health, safety or welfare of the public or the course participants,
instructors or others associated with the course, the Department shall (i)
notify the training center of the violations that have occurred, (ii) direct
corrective action to be completed by the training center within 30 calendar
days, and (iii) require a formal written response documenting that corrections
have been made as directed. Such violations shall typically be associated with,
but not limited to, training center administration and operations. If
corrections are not completed as directed, the Department shall notify the
training center and may impose any or all of the sanctions set forth in
subsection A of this section. Such penalties shall continue until all required
corrections are made and the Department receives formal documentation confirming
compliance.
			The Department shall suspend the license of any training center that receives
three or more notices under this subsection within any 12-month period. Such
suspensions shall be for an initial 90-day period and shall continue until all
required corrections are made and the Department receives formal documentation
confirming compliance.

C. When violations occur that are found by the Department to pose a threat to
the health, safety or welfare of the public or the course participants,
instructors or others associated with the course, the Department shall (i)
notify the training center of the violations that have occurred and immediately
limit all types of instruction provided by the training center, (ii) direct
corrective action to be completed by the training center within 30 calendar days
of receipt of notice of such violations and (iii) shall require a formal written
response documenting that corrections have been made as directed. If corrections
are not completed as directed, the Department shall suspend the license of the
training center and impose a civil penalty as set forth in &#xA7; 46.2-1190.7.
The period of such license suspension shall continue until all required
corrections are made and the Department receives formal documentation confirming
compliance. If the required corrections are not made within 30 calendar days of
the suspension, the Department shall revoke the license.

D. Once a training center license is revoked, the Department shall not renew or
reissue the license until (i) it receives formal documentation confirming
compliance with the required corrective actions, and (ii) the training center
applies for renewal or reissuance. Such training centers shall not be eligible
to apply for a license again until 180 calendar days after the Department
receives formal documentation confirming compliance with the required corrective
actions.

E. Notice of an order suspending or revoking a license, imposing a limitation on
training center operations or imposing a civil penalty, and advising the
licensee of the opportunity for a hearing as a result of such order, shall be in
writing and mailed to the licensee by registered mail to the training center
address as shown on the most recent licensee&#8217;s application for license and
shall be considered served when mailed.
			Upon receipt of a request for a hearing appealing the order, the licensee
shall be afforded the opportunity for a hearing as soon as practicable, but in
no case later than 30 days from receipt of the hearing request. The order shall
remain in effect pending the outcome of the hearing.

HISTORY: 2004, c. 734; 2013, c. 226.