54.1-402.2 - Cease and desist orders for unlicensed activity; civil penalty. - Virginia Statutes

§ 54.1-402.2. Cease and desist orders for unlicensed activity; civil penalty.

A. Notwithstanding § 54.1-111, the Board may issue an order requiring anyperson to cease and desist from (i) practicing or offering to practice as anarchitect, professional engineer, land surveyor, or landscape architect whensuch person is not licensed or registered by the Board in accordance withthis chapter or (ii) holding himself out as a certified interior designerwhen such person is not certified or registered by the Board in accordancewith this chapter. The order shall be effective upon its entry and shallbecome final unless such person files an appeal with the Board in accordancewith the Administrative Process Act (§ 2.2-4000 et seq.) within 21 days ofthe date of entry of the order.

B. If the person fails to cease and desist the unlicensed, uncertified, orunregistered activity after entry of an order in accordance with subsectionA, the Board may refer the matter for enforcement pursuant to § 54.1-306.

C. Any person engaging in unlicensed, uncertified, or unregistered activityshall be subject to further proceedings before the Board and the Board mayimpose a civil penalty not to exceed $2,500. Any penalties collected underthis section shall be paid to the Literary Fund after deduction of theadministrative costs of the Board in furtherance of this section.

D. Nothing contained in this section shall apply to any person engaged inactivity exempted from the provisions of this chapter.

(2007, c. 618; 2009, c. 309.)