46.2-1707 - Unlawful acts; prosecution; proceedings in equity. - Virginia Statutes

§ 46.2-1707. Unlawful acts; prosecution; proceedings in equity.

A. It shall be unlawful for any person to engage in any of the following acts:

1. Practicing as a driver training school or as an instructor without holdinga valid license as required by statute or regulation;

2. Making use of any designation provided by statute or regulation to denotea standard of professional or occupational competence without being dulycertified or licensed;

3. Performing any act or function which is restricted by statute orregulation to persons holding a driver training school or instructor licenseor certification, without being duly certified or licensed;

4. Materially misrepresenting facts in an application for licensure,certification or registration;

5. Willfully refusing to furnish the Department information or recordsrequired or requested pursuant to statute or regulation; or

6. Violating any statute or regulation governing the practice of any drivertraining school or instructor regulated pursuant to this chapter.

Any person who willfully engages in any unlawful act enumerated in thissection shall be guilty of a Class 1 misdemeanor. However, the third or anysubsequent conviction for violating this section during a 36-month periodshall constitute a Class 6 felony.

B. In addition to the provisions of subsection A of this section, theDepartment may institute proceedings in equity to enjoin any person fromengaging in any unlawful act enumerated in this section. Such proceedingsshall be brought in the name of the Commonwealth in the circuit court of thecity or county in which the unlawful act occurred or in which the defendantresides.

(1991, c. 214; 2004, c. 587.)