3.2-3946 - Proceedings in case of violations. - Virginia Statutes

§ 3.2-3946. Proceedings in case of violations.

A. If the examination of laboratory results or other evidence collectedduring an investigation appears to show a violation of this chapter or any ofthe regulations issued hereunder, the Commissioner may provide notice of theviolation to the registrant, distributor, possessor, licensee, applicator, orother person from whom such evidence was taken. Any party so notified shallbe given an opportunity to be heard in accordance with regulations adopted bythe Board. If the hearing appears to show a violation of this chapter or theregulations issued hereunder, the Commissioner may certify the facts to theBoard or the proper prosecuting attorney and furnish the Board or thatofficer with a copy of the results of the investigation.

B. It shall be the duty of every attorney for the Commonwealth to whom theCommissioner shall report any violation of this chapter to cause proceedingsto be prosecuted without delay.

C. Nothing in this chapter shall be construed as requiring the Commissionerto report for the institution of proceedings under this chapter, minorviolations of this chapter, whenever the Commissioner believes that thepublic interest will be adequately served in the circumstances by a suitablewritten notice or warning. Copies of such warnings shall be reported to theBoard.

(Code 1950, §§ 3-208.40, 3-208.41, 3-208.43; 1966, c. 702, §§ 3.1-242,3.1-243, 3.1-245; 1981, c. 260; 1989, c. 575, §§ 3.1-249.71 to 3.1-249.73;2008, c. 860.)