59.1-202 - Assurances of voluntary compliance. - Virginia Statutes

§ 59.1-202. Assurances of voluntary compliance.

A. The Attorney General, the attorney for the Commonwealth, or the attorneyfor a county, city, or town may accept an assurance of voluntary compliancewith this chapter from any person subject to the provisions of this chapter.Any such assurance shall be in writing and be filed with and be subject onpetition to the approval of the appropriate circuit court. Such assurance ofvoluntary compliance shall not be considered an admission of guilt or aviolation for any purpose. Such assurance of voluntary compliance may at anytime be reopened by the Attorney General, or the attorney for theCommonwealth, or attorney for the county, city, or town respectively, foradditional orders or decrees to enforce the assurance of voluntary compliance.

B. When an assurance is presented to the circuit court for approval, theAttorney General, the attorney for the Commonwealth, or the attorney for theappropriate county, city, or town shall file, in the form of a motion forjudgment or complaint, the allegations which form the basis for the entry ofthe assurance. The assurance may provide by its terms for any relief which anappropriate circuit court could grant, including but not limited torestitution, arbitration of disputes between the supplier and its customers,investigative expenses, civil penalties and costs; provided, however, thatnothing in this chapter shall be construed to authorize or require theCommonwealth, the Attorney General, an attorney for the Commonwealth or theattorney for any county, city or town to participate in arbitration ofviolations under this section.

(1977, c. 635; 1981, c. 423; 1982, c. 13; 1988, c. 850.)