Section 190. Disciplinary action; sanctions; publication of records

A. Each person subject to jurisdiction of this chapter who violates any statute or regulation pertaining to private security services shall be subject to sanctions imposed by the department regardless of criminal prosecution.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation of or in noncompliance with the Code of Virginia or this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of license, certification, or approval granted for any period of time;

4. Revocation;

5. Refusal to issue, renew, or reinstate a license, certification, or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted;

7. Remedial training; or

8. Conditional agreements.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this chapter but do not hold a valid license or certification. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director may summarily suspend a license or certification under this chapter without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations of the licensee or certified person would constitute a life-threatening situation, has resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm, personal injury, or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all persons, licensees, firms, compliance agents, and licensed firms whose conduct and activities are subject to this chapter and have been sanctioned or denied licensure, certification, or approval.

Historical Notes

Derived from Volume 31, Issue 25, eff. September 9, 2015.

Statutory Authority

§ 9.1-141 of the Code of Virginia.