                                 CODE OF VIRGINIA

CIVIL PENALTIES (§ 59.1-167.2)

A. In addition to the penalties prescribed in &#xA7; 59.1-163, any person
violating any provision of this chapter or regulation adopted thereunder may be
assessed a civil penalty by the Board in an amount not to exceed $1,000 per
violation. In determining the amount of any civil penalty, the Board shall give
due consideration to (i) the history of previous violations of the person; (ii)
the seriousness of the violation; and (iii) the demonstrated good faith of the
person charged in attempting to achieve compliance with the chapter or
regulation adopted thereunder after notification of the violation.

B. Civil penalties assessed under this section shall be paid into the Weights
and Measures Fund as established by &#xA7; 3.2-5628. The Commissioner shall
prescribe procedures for payment of uncontested penalties. The procedure shall
include provisions for a person to consent to abatement of the alleged violation
and pay a penalty or negotiated sum in lieu of such penalty without admission of
civil liability arising from such alleged violation.

C. Final orders may be recorded, enforced and satisfied as orders or decrees of
a circuit court upon certification of such orders by the Commissioner. Such
orders may be appealed in accordance with provisions of the Administrative
Process Act (&#xA7; 2.2-4000 et seq.).

HISTORY: 1992, c. 885.