Section 610. Consent orders and penalties for violations

A. Penalties for violations of the Virginia Motor Vehicle Emissions Control Law, this chapter, permits, licenses, certifications, and orders include letters of reprimand, probation, suspension, and revocation.

B. Penalties may be imposed as a result of an informal fact finding or formal hearing, and may be negotiated by the parties for inclusion in consent orders.

C. A consent order shall contain an agreed-to penalty in the form of a letter of reprimand, probationary period, or suspension, or a civil charge, a combination thereof, or other agreed upon actions.

D. For any minor violation, as described in 9VAC5-91-630, the director may negotiate or impose pursuant to an informal fact finding or formal hearing:

1. A letter of reprimand.

2. For the second minor violation within 24 months, a letter of reprimand and a probationary period not to exceed 12 months.

E. For any major violation, as described in 9VAC5-91-620, the director may negotiate or impose pursuant to an informal fact finding or formal hearing:

1. A letter of reprimand.

2. A letter of reprimand and a probationary period not to exceed 12 months.

3. A suspension of a permit, license or certification followed by a probationary period not to exceed 12 months.

4. A revocation of a permit, license or certification.

F. Suspensions shall be for a period not to exceed one year.

G. In the case of multiple violations, suspensions may run concurrently.

H. No application for a permit, license, or certification from a person whose permit, license, or certification has been revoked shall be considered by the director until (i) 12 months have elapsed from the date of revocation and (ii) until the conditions of 9VAC5-91-240 D, 9VAC5-91-390 D, 9VAC5-91-520 I or 9VAC5-91-560 G have been satisfied.

I. Emissions inspectors, certified emissions repair technicians and certified emissions repair facilities are subject to the same penalties that may be imposed on emissions inspection station permit holders. Such penalties shall be imposed separately on each affected party only as part of a consent order or through an informal fact finding or formal hearing. The director shall consider a party's level of responsibility for the violation in negotiating a consent order or in imposing a particular level of penalty pursuant to an informal fact finding or a formal hearing.

J. Any intentional falsification of an emissions inspection shall result in a revocation; or in a suspension of the inspector's license, or the station permit for not less than six months, or an equivalent civil charge, or both.

K. As a condition of probation, terms may be imposed during the probationary period that must be complied with by the violator. The terms may include a requirement that the permittee, licensee, or certified repair technician perform additional or periodic demonstrations of competency or obtain additional training. Completion of such terms to the satisfaction of the department may serve as a basis for reducing the probationary period.

Historical Notes

Derived from Volume 13, Issue 12, eff. April 2, 1997; amended, Virginia Register Volume 18, Issue 20, eff. October 1, 2002.

Statutory Authority

§ 46.2-1180 of the Code of Virginia.