3.2-5646 - Civil penalties; suit to enjoin violation; compromise. - Virginia Statutes

§ 3.2-5646. Civil penalties; suit to enjoin violation; compromise.

A. The Commissioner may bring a suit to enjoin the violation of any provisionof this chapter, or any regulation made pursuant thereto, in the circuitcourt of the county or city where the violation occurs, or in the CircuitCourt of the City of Richmond if the violation may affect more than onecounty or city. The Commissioner may request either the attorney for theCommonwealth or the Attorney General to take action under this section, whenappropriate.

B. Any person violating a provision of this chapter or regulations adoptedhereunder may be assessed a civil penalty by the Board in an amount not toexceed $1,000. In determining the amount of any civil penalty, the Boardshall give due consideration to: (i) the history of previous violations ofthe person; (ii) the seriousness of the violation; and (iii) the demonstratedgood faith of the person charged in attempting to achieve compliance with thechapter after notification of the violation.

C. Civil penalties assessed under this section shall be paid into the Weightsand Measures Fund as established in § 3.2-5628. The Commissioner shallprescribe procedures for payment of uncontested penalties. The procedureshall include provisions for a person to consent to abatement of the allegedviolation and pay a penalty or negotiated sum in lieu of such penalty withoutadmission of civil liability arising from such alleged violation.

Final orders may be recorded, enforced, and satisfied as orders or decrees ofa circuit court upon certification of such orders by the Commissioner. Theorders may be appealed in accordance with the provisions of theAdministrative Process Act (§ 2.2-4000 et seq.).

(1991, c. 605, § 3.1-966.1; 2008, c. 860.)