54.1-306 - Enforcement of laws by Director or investigators; authority of investigators appointed by Director. - Virginia Statutes

§ 54.1-306. Enforcement of laws by Director or investigators; authority ofinvestigators appointed by Director.

A. The Director or investigators appointed by him shall be sworn to enforcethe statutes and regulations pertaining to the Department, the regulatoryboards within Subtitle II (§ 54.1-200 et seq.) of this title, and any of theprograms which may be in another title of this Code for which any regulatoryboard within Subtitle II has enforcement responsibility. The Director orinvestigators appointed by him shall have the authority to investigateviolations of the statutes and regulations that the Director is required toenforce. The Director or investigators appointed by him shall also have theauthority to issue summonses for violations of the statutes and regulationsgoverning the unlicensed practice of professions regulated by the Department.In the event a person issued such a summons fails or refuses to discontinuethe unlawful acts or refuses to give a written promise to appear at the timeand place specified in the summons, the investigator may appear before amagistrate or other issuing authority having jurisdiction to obtain acriminal warrant pursuant to § 19.2-72. In addition, sworn criminalinvestigators of the Department's Criminal Investigations section shall bestatewide conservators of the peace while engaged in the performance of theirofficial duties.

B. All investigators appointed by the Director are vested with the authorityto administer oaths or affirmations for the purpose of receiving complaintsand conducting investigations of violations of this subtitle, or anyregulation promulgated pursuant to authority given by this subtitle or inconnection with any investigation conducted on behalf of any regulatory boardwithin this subtitle or a program which may be located in another title inthis Code. Such investigators are vested with the authority to obtain, serveand execute any warrant, paper or process issued by any court or magistrateor any regulatory board under the authority of the Director and request andreceive criminal history information under the provisions of § 19.2-389.

C. Any regulatory board within the Department of Professional andOccupational Regulation may adopt a resolution delegating to the sworninvestigators appointed by the Director pursuant to § 54.1-306, the authorityto conduct inspections. After conducting an inspection pursuant to thedelegation of inspection authority, an investigator may initiate aninvestigation based on any act, omission, or condition witnessed by theinvestigator and offer a consent agreement to the regulant to resolve anyviolation discovered during the inspection, subject to the provisions ofsubsection B of § 54.1-202. If a consent agreement is offered pursuant to thedelegation of authority authorized by this subsection, it shall not becomeeffective until approved by the Director.

(1979, c. 408, § 54-1.39; 1988, c. 765; 1989, c. 16; 1991, c. 130; 2002, c.605; 2005, c. 383.)