                                 CODE OF VIRGINIA

GENERAL POWERS AND DUTIES OF BOARD (§ 55.1-2247)

A. The Board may adopt, amend, and repeal rules and regulations and issue orders
consistent with and in furtherance of the objectives of this chapter. The Board
may prescribe forms and procedures for submitting information to the Board.

B. The Board may accept grants in aid from any governmental source and may
contract with agencies charged with similar functions in this or other
jurisdictions, in furtherance of the objectives of this chapter.

C. The Board may cooperate with agencies performing similar functions in this
and other jurisdictions to develop uniform filing procedures and forms, uniform
disclosure standards, and uniform administrative practices and may develop
information that may be useful in the discharge of the Board&#8217;s duties.

D. 1. The Board may issue an order requiring the developer or reseller to cease
and desist from the unlawful practice and to take such affirmative action as in
the judgment of the Board will carry out the purposes of this chapter if it
determines after legal notice and opportunity for hearing that a developer or
reseller or an agent of a developer or reseller has:
			a. Made any representation in any document or information filed with the
Board that is false or misleading;
			b. Engaged or is engaging in any unlawful act or practice;
			c. Disseminated or caused to be disseminated orally, or in writing, any false
or misleading promotional materials in connection with a time-share program;
			d. Concealed, diverted, or disposed of any funds or assets of any person in a
manner impairing rights of purchasers of time-shares in the time-share program;
			e. Failed to perform any stipulation or agreement made to induce the Board to
issue an order relating to that time-share program;
			f. Otherwise violated any provision of this chapter or any of the
Board&#8217;s rules and regulations or orders; or
			g. Disposed of any time-share in a time-share program without first complying
with the requirements of this chapter.

   2. If the Board makes a finding of fact in writing that the public interest
   will be irreparably harmed by delay in issuing an order, as prescribed in
   subdivision 1, it may issue a temporary order to cease and desist or to take
   such affirmative action as may be deemed appropriate by the agency. Prior to
   issuing the temporary order, the Board shall give notice of the proposal to
   issue a temporary order to the developer or the reseller. Every temporary
   order shall include in its terms:
   				a. A provision clearly stating the reasons for issuing such order and the
   nature and extent of the facts and findings on which the order is based;
   				b. A provision that a failure to comply with such temporary order will be
   a violation of this chapter; and
   				c. A provision that upon request a hearing will be held promptly to
   determine whether or not the order shall become permanent.
   				The Board shall not issue more than one temporary order with reference to
   such finding of fact as prescribed in this subsection.

E. The Board may also issue a cease and desist order if the developer has not
registered the time-share program as required by this chapter or if a reseller
has not registered as required by this chapter.

F. The Board, after notice and hearing, may issue an order revoking the
registration of the developer&#8217;s time-share program or the registration of
a reseller upon determination that such developer, reseller, or agent of such
developer or reseller has failed to comply with a cease and desist order issued
by the Board affecting the developer&#8217;s time-share program or the reseller.

G. If it appears that any person has engaged, is engaging, or is about to engage
in any act or practice in violation of this chapter or any of the Board&#8217;s
rules, regulations, or orders applicable to this chapter, the Board, without
prior administrative proceedings, may bring an action in the circuit court of
the county or city in which any portion of the time-share project is located to
enjoin that act or practice or for other appropriate relief. The Board is not
required to post a bond or prove that no adequate remedy at law exists.

H. Upon request of a time-share owner, the Board shall, in accordance with
subsection B of &#xA7; 55.1-2230, issue its determination whether compliance
with &#xA7; 55.1-2220 or 55.1-2234 has occurred.

HISTORY: 1981, c. 462, § 55-396; 1985, c. 517; 1998, c. 460; 2008, c. 376;
2011, c. 605; 2012, c. 751; 2019, cc. 467, 499, 712; 2020, c. 1011.