2.2-3809 - Injunctive relief; civil penalty; attorneys' fees. - Virginia Statutes

§ 2.2-3809. Injunctive relief; civil penalty; attorneys' fees.

Any aggrieved person may institute a proceeding for injunction or mandamusagainst any person or agency that has engaged, is engaged, or is about toengage in any acts or practices in violation of the provisions of thischapter. The proceeding shall be brought in the district or circuit court ofany county or city where the aggrieved person resides or where the agencymade defendant has a place of business.

In the case of any successful proceeding by an aggrieved party, the agencyenjoined or made subject to a writ of mandamus by the court shall be liablefor the costs of the action together with reasonable attorneys' fees asdetermined by the court.

In addition, if the court finds that a violation of subsection A of §2.2-3808 was willfully and knowingly made by a specific public officer,appointee, or employee of any agency, the court may impose upon suchindividual a civil penalty of not less than $250 nor more than $1,000, whichamount shall be paid into the State Literary Fund. For a second or subsequentviolation, such civil penalty shall be not less than $1,000 nor more than$2,500. For a violation of subsection A of § 2.2-3808 by any agency, thecourt may impose a civil penalty of not less than $250 nor more than $1,000,which amount shall be paid into the State Literary Fund. For a second orsubsequent violation, such civil penalty shall be not less than $1,000 normore than $2,500.

(1976, c. 597, § 2.1-386; 2001, c. 844; 2008, cc. 840, 843.)