54.1-307.1 - Time for filing complaints against regulants. - Virginia Statutes

§ 54.1-307.1. Time for filing complaints against regulants.

A. Except as otherwise provided in § 36-96.9 and subsections B and C of thissection, any complaint against a regulant for any violation of statutes orregulations pertaining to the regulatory boards within Subtitle II (§54.1-200 et seq.) of this title or any of the programs which may be inanother title of the Code for which any regulatory board within Subtitle IIhas enforcement responsibility, in order to be investigated by theDepartment, shall be made in writing, or otherwise made in accordance withDepartment procedures, and received by the Department within three years ofthe act, omission or occurrence giving rise to the violation. Publicinformation obtained from any source by the Director or agency staff mayserve as the basis for a written complaint against a regulant.

B. However, where a regulant has materially and willfully misrepresented,concealed or omitted any information and the information so misrepresented,concealed or omitted is material to the establishment of the violation, thecomplaint may be made at any time within two years after discovery of themisrepresentation, concealment or omission.

C. In cases where criminal charges have been filed involving matters that, iffound to be true, would also constitute a violation of the regulations orlaws of the regulant's profession enforced by the Department, aninvestigation may be initiated by the Department at any time within two yearsfollowing the date such criminal charges are filed.

D. Nothing in this section shall be construed to require the filing of acomplaint if the alleged violation of the statute or regulation is discoveredduring the conduct of an inspection authorized by law, and the acts,omissions, or conditions constituting the alleged violations are witnessed bya sworn investigator appointed by the Director.

(1994, c. 581; 2004, c. 297; 2005, c. 383.)