59.1-167.2 - Civil penalties. - Virginia Statutes

§ 59.1-167.2. Civil penalties.

A. In addition to the penalties prescribed in § 59.1-163, any personviolating any provision of this chapter or regulation adopted thereunder maybe assessed a civil penalty by the Board in an amount not to exceed $1,000per violation. In determining the amount of any civil penalty, the Boardshall give due consideration to (i) the history of previous violations of theperson; (ii) the seriousness of the violation; and (iii) the demonstratedgood faith of the person charged in attempting to achieve compliance with thechapter or regulation adopted thereunder after notification of the violation.

B. Civil penalties assessed under this section shall be paid into the Weightsand Measures Fund as established by § 3.2-5628. The Commissioner shallprescribe procedures for payment of uncontested penalties. The procedureshall include provisions for a person to consent to abatement of the allegedviolation and pay a penalty or negotiated sum in lieu of such penalty withoutadmission of civil liability arising from such alleged violation.

C. Final orders may be recorded, enforced and satisfied as orders or decreesof a circuit court upon certification of such orders by the Commissioner.Such orders may be appealed in accordance with provisions of theAdministrative Process Act (§ 2.2-4000 et seq.).

(1992, c. 885.)