Section 80. Enforcement of regulations

A. Notice. Whenever the commissioner has reason to believe that a violation of Titles 32.1 or 35.1 of the Code of Virginia or any provisions of these regulations has occurred or is occurring, the district or local health department shall so notify the alleged violator. Such notice shall: (i) be in writing, with a request to the owner to respond by providing any pertinent information relating to the issue; (ii) cite the statute, regulation or regulations that are allegedly being violated; and (iii) state the facts which form the basis for believing that the violation has occurred or is occurring. Such notification is not an official finding or case decision nor an adjudication, but may be accompanied by a request that certain corrective action be taken.

B. Orders. Pursuant to the authority granted in §§ 32.1-26 and 35.1-6 of the Code of Virginia, the commissioner may issue orders to require any owner or other person to comply with the provisions of these regulations. The order may require the following:

1. The immediate cessation and correction of the violation;

2. Appropriate remedial action to ensure that the violation does not continue or recur;

3. The submission of a plan to prevent future violations;

4. The submission of an application for a variance; and

5. Any other corrective action deemed necessary for proper compliance with the regulations.

C. Hearing before the issuance of an order. Before the issuance of an order, the commissioner must comply with the requirements of § 35.1-6 of the Code of Virginia.

D. When order effective. All orders issued pursuant to this section shall become effective not less than 15 days after mailing a copy thereof by certified mail to the last known address of the owner or person violating these regulations or the address provided by the applicant on his application to operate a hotel. Violation of an order is a Class 3 misdemeanor. See § 35.1-7 of the Code of Virginia.

E. Compliance. The commissioner may act as the agent of the board to enforce all effective orders and these regulations. Should any person fail to comply with any effective order or these regulations, the commissioner may do any or all of the following:

1. Institute a proceeding to revoke the owner's permit in accordance with 12VAC5-431-320;

2. Request the attorney for the Commonwealth to bring a criminal action; or

3. Request the Attorney General to bring an action for civil penalty, injunction, or other appropriate remedy.

F. Not exclusive means of enforcement. Nothing contained in 12VAC5-431-70 or this section shall be interpreted to require the commissioner to issue an order prior to seeking enforcement of any regulation or statute through an injunction, mandamus or criminal prosecution.

Historical Notes

Derived from Volume 18, Issue 10, eff. March 1, 2002.

Statutory Authority

§§ 35.1-11 and 35.1-13 of the Code of Virginia.