Section 40. Administrative and civil penalties

Part III. Enforcement

A. Violations of any regulated advertising practice may, in the discretion of the commissioner, be addressed by a written warning to the licensee as an initial step in the enforcement process.

B. Any single violation of a regulated advertising practice may also, after an informal fact finding proceeding as provided in the Administrative Process Act, § 9-6.14:1 et seq. of the Code of Virginia, result in an assessment of a civil penalty up to $1,000.

C. Subsequent, same or similar violations may, after an informal fact finding proceeding as provided in the Administrative Process Act, § 9-6.14:1 et seq. of the Code of Virginia, result in an assessment of a civil penalty up to the $1,000 and may also be grounds for denying, suspending or revoking a license subject to the hearing requirements pursuant to §§ 46.2-1986, 46.2-1992.80, and 46.2-1993.77 of the Act, either or both.

Historical Notes

Derived from VR485-60-8901 § 3.1, eff. March 29, 1990; amended, Volume 13, Issue 08, eff. February 5, 1997.

Statutory Authority

§§ 46.2-1991, 46.2-1992.85, and 46.2-1993.82 of the Code of Virginia.