                                 CODE OF VIRGINIA

SUSPENSION, REVOCATION, AND REFUSAL TO RENEW LICENSES OR CERTIFICATES OF DEALER
REGISTRATION OR QUALIFICATION; NOTICE AND HEARING (§ 46.2-1576)

A. Except as provided in &#xA7; 46.2-1527.7 and subsections B and C of this
section, no license or certificate of dealer registration or qualification
issued under this subtitle shall be suspended or revoked, or renewal thereof
refused, until a written copy of the complaint made has been furnished to the
licensee, registrant, or qualifier against whom the same is directed and a
public hearing thereon has been had before a hearing officer designated by the
Board. At least ten days&#8217; written notice of the time and place of the
hearing shall be given to the licensee, registrant, or qualifier by registered
mail addressed to his last known post office address or as shown on his license
or certificate or other record of information in possession of the Board. At the
hearing the licensee, registrant, or qualifier shall have the right to be heard
personally or by counsel. The hearing officer shall provide recommendations to
the Board within ninety days of the conclusion of the hearing. After receiving
the recommendations from the hearing officer, the Board may suspend, revoke, or
refuse to renew the license or certificate in question. A Board member shall
disqualify himself and withdraw from any case in which he cannot accord fair and
impartial consideration. Any party may request the disqualification of any Board
member by stating with particularity the grounds upon which it is claimed that
fair and impartial consideration cannot be accorded. The remaining members of
the Board shall determine whether the individual should be disqualified.
Immediate notice of any suspension, revocation, or refusal shall be given to the
licensee, registrant, or qualifier in the manner provided in this section in the
case of notices of hearing.

B. Should a dealer fail to maintain an established place of business, the Board
may cancel the license of the dealer without a hearing after notification of the
intent to cancel has been sent, by return receipt mail, to the dealer at the
dealer&#8217;s residence and business addresses, and the notices are returned
undelivered or the dealer does not respond within twenty days from the date the
notices were sent. Any subsequent application for a dealer&#8217;s license shall
be treated as an original application.

C. Should a dealer fail or refuse to pay civil penalties imposed by the Board
pursuant to &#xA7; 46.2-1507, the Board may deny, revoke, or suspend the
dealer&#8217;s license without a hearing after notice of imposition of civil
penalties has been sent, by certified mail, return receipt requested, to the
dealer at the dealer&#8217;s business address and such civil penalty is not paid
in full within thirty days after receipt of the notice.

HISTORY: 1988, c. 865, § 46.1-550.5:35; 1989, c. 727; 1990, c. 197; 1995, cc.
767, 816; 1996, cc. 639, 658; 1999, c. 217.