46.2-2011.15 - Department may seek judgment for refunds due public and collect and distribute same. - Virginia Statutes

§ 46.2-2011.15. Department may seek judgment for refunds due public andcollect and distribute same.

If any motor carrier or broker, upon the final decision of an appeal from theaction of the Department prescribing rates, charges, tariffs, orclassification of traffic, confirming or modifying the action of theDepartment, fails to refund in the manner and within the time prescribed inthe notice of the Department all amounts that the appealing carrier or brokermay have collected, pending the appeal, in excess of that authorized by suchfinal decision, upon notice to such carrier or broker by the Department ofsuch final decision, then the Department, after thirty days' notice to anysuch carrier or broker, may, unless the amount required by such finaldecision is paid to the Department, seek judgment in the name of theCommonwealth, for the use of the persons, firms and corporations entitled tothe same, against any such carrier or broker for the aggregate amount of suchcollections and for costs, and may enforce the amount of such judgment andcosts by process of execution, as provided by law. The Department shall, uponthe collection of such judgment, forthwith distribute the amount thereofamong the parties entitled thereto, respectively, in such manner as it may byits rules or regulations prescribe, and shall, upon the payment or collectionof any such judgment, mark the same satisfied upon its records, and have thesame entered satisfied on the judgment lien docket of the court where thesame may have been docketed; the satisfaction of any such judgment shall be abar to any further action or recovery against any such carrier or broker tothe extent of such recovery.

(2001, c. 596; 2002, c. 861.)