Section 290. Disciplinary action; sanctions; publication of records

A. Each person subject to jurisdiction of this chapter who violates any statute or regulation pertaining to a special conservator of the peace 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 or in noncompliance of the Code of Virginia or this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

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

4. Revocation;

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

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

7. Remedial training.

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 registration. 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 registration 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 operation of a registrant would constitute a life-threatening situation, or 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 registrants whose conduct and activities are subject to this chapter and have been sanctioned or denied registration or approval.

Historical Notes

Derived from Volume 21, Issue 26, eff. October 5, 2005.

Statutory Authority

§ 9.1-150.2 of the Code of Virginia.