A. In addition to the penalties prescribed in § 3.2-5209, any personviolating any provision of this article or regulation adopted hereunder maybe assessed a civil penalty by the Commissioner for each violation in anamount not to exceed $1,000. Any civil penalty may be in lieu of suspensionof a permit issued pursuant to § 3.2-5206. In determining the amount of anycivil penalty, the Commissioner shall give due consideration to: (i) theprevious violations committed by the person; (ii) the seriousness of theviolation; and (iii) the demonstrated good faith of the person charged inattempting to achieve compliance with this article or regulation adoptedhereunder after notification of the violation. Any civil penalty shall be inaddition to any payment that may be required for the wholesale value of allmilk and milk products that must be destroyed as a consequence of suchviolation.
B. A civil penalty may be assessed by the Commissioner only after theCommissioner has given the person charged with a violation an opportunity fora public hearing. Where such a public hearing has been held, the Commissionershall make findings of fact and issue a written decision as to the occurrenceof the violation and the amount of the penalty that is warranted,incorporating, when appropriate, an order requiring that the penalty be paid.When appropriate, the Commissioner shall consolidate such hearings with otherproceedings pursuant to the provisions of this chapter. Any hearing underthis section shall be a formal adjudicatory hearing in accordance with theAdministrative Process Act (§ 2.2-4000 et seq.). When the person charged withsuch a violation fails to avail himself of the opportunity for a publichearing, a civil penalty shall be assessed by the Commissioner after theCommissioner determines that a violation has occurred and the amount of thepenalty warranted, and issues an order requiring that the penalty be paid.
C. Civil penalties assessed under this section shall be paid into the generalfund of the state treasury. The Board shall prescribe procedures for paymentof civil penalties. The procedures shall include provisions for a person toconsent to abatement of the alleged violation and pay a penalty or negotiatedsum in lieu of such penalty without admission of civil liability arising fromsuch alleged violation.
D. Final orders may be recorded, enforced and satisfied as orders or decreesof a circuit court upon certification of such orders by the Commissioner.Such orders may be appealed in accordance with the provisions of theAdministrative Process Act (§ 2.2-4000 et seq.).
E. Nothing in this section shall require the Commissioner to instituteproceedings for the imposition of civil penalties if the Commissionerconsiders the violations of this article to be minor. In such cases, theCommissioner may serve a suitable notice of warning in writing when hebelieves that the public interest will be served by so doing.
F. The penalty provisions of this section shall not apply to violations ofthis article or any regulation adopted hereunder with respect to excessivedrug residue. The penalty for any such violation shall be as provided in §3.2-5211.
(2000, c. 993, § 3.1-530.10; 2001, c. 523; 2008, c. 860.)
A. In addition to the penalties prescribed in § 3.2-5209, any personviolating any provision of this article or regulation adopted hereunder maybe assessed a civil penalty by the Commissioner for each violation in anamount not to exceed $1,000. Any civil penalty may be in lieu of suspensionof a permit issued pursuant to § 3.2-5206. In determining the amount of anycivil penalty, the Commissioner shall give due consideration to: (i) theprevious violations committed by the person; (ii) the seriousness of theviolation; and (iii) the demonstrated good faith of the person charged inattempting to achieve compliance with this article or regulation adoptedhereunder after notification of the violation. Any civil penalty shall be inaddition to any payment that may be required for the wholesale value of allmilk and milk products that must be destroyed as a consequence of suchviolation.
B. A civil penalty may be assessed by the Commissioner only after theCommissioner has given the person charged with a violation an opportunity fora public hearing. Where such a public hearing has been held, the Commissionershall make findings of fact and issue a written decision as to the occurrenceof the violation and the amount of the penalty that is warranted,incorporating, when appropriate, an order requiring that the penalty be paid.When appropriate, the Commissioner shall consolidate such hearings with otherproceedings pursuant to the provisions of this chapter. Any hearing underthis section shall be a formal adjudicatory hearing in accordance with theAdministrative Process Act (§ 2.2-4000 et seq.). When the person charged withsuch a violation fails to avail himself of the opportunity for a publichearing, a civil penalty shall be assessed by the Commissioner after theCommissioner determines that a violation has occurred and the amount of thepenalty warranted, and issues an order requiring that the penalty be paid.
C. Civil penalties assessed under this section shall be paid into the generalfund of the state treasury. The Board shall prescribe procedures for paymentof civil penalties. The procedures shall include provisions for a person toconsent to abatement of the alleged violation and pay a penalty or negotiatedsum in lieu of such penalty without admission of civil liability arising fromsuch alleged violation.
D. Final orders may be recorded, enforced and satisfied as orders or decreesof a circuit court upon certification of such orders by the Commissioner.Such orders may be appealed in accordance with the provisions of theAdministrative Process Act (§ 2.2-4000 et seq.).
E. Nothing in this section shall require the Commissioner to instituteproceedings for the imposition of civil penalties if the Commissionerconsiders the violations of this article to be minor. In such cases, theCommissioner may serve a suitable notice of warning in writing when hebelieves that the public interest will be served by so doing.
F. The penalty provisions of this section shall not apply to violations ofthis article or any regulation adopted hereunder with respect to excessivedrug residue. The penalty for any such violation shall be as provided in §3.2-5211.
(2000, c. 993, § 3.1-530.10; 2001, c. 523; 2008, c. 860.)
A. In addition to the penalties prescribed in § 3.2-5209, any personviolating any provision of this article or regulation adopted hereunder maybe assessed a civil penalty by the Commissioner for each violation in anamount not to exceed $1,000. Any civil penalty may be in lieu of suspensionof a permit issued pursuant to § 3.2-5206. In determining the amount of anycivil penalty, the Commissioner shall give due consideration to: (i) theprevious violations committed by the person; (ii) the seriousness of theviolation; and (iii) the demonstrated good faith of the person charged inattempting to achieve compliance with this article or regulation adoptedhereunder after notification of the violation. Any civil penalty shall be inaddition to any payment that may be required for the wholesale value of allmilk and milk products that must be destroyed as a consequence of suchviolation.
B. A civil penalty may be assessed by the Commissioner only after theCommissioner has given the person charged with a violation an opportunity fora public hearing. Where such a public hearing has been held, the Commissionershall make findings of fact and issue a written decision as to the occurrenceof the violation and the amount of the penalty that is warranted,incorporating, when appropriate, an order requiring that the penalty be paid.When appropriate, the Commissioner shall consolidate such hearings with otherproceedings pursuant to the provisions of this chapter. Any hearing underthis section shall be a formal adjudicatory hearing in accordance with theAdministrative Process Act (§ 2.2-4000 et seq.). When the person charged withsuch a violation fails to avail himself of the opportunity for a publichearing, a civil penalty shall be assessed by the Commissioner after theCommissioner determines that a violation has occurred and the amount of thepenalty warranted, and issues an order requiring that the penalty be paid.
C. Civil penalties assessed under this section shall be paid into the generalfund of the state treasury. The Board shall prescribe procedures for paymentof civil penalties. The procedures shall include provisions for a person toconsent to abatement of the alleged violation and pay a penalty or negotiatedsum in lieu of such penalty without admission of civil liability arising fromsuch alleged violation.
D. Final orders may be recorded, enforced and satisfied as orders or decreesof a circuit court upon certification of such orders by the Commissioner.Such orders may be appealed in accordance with the provisions of theAdministrative Process Act (§ 2.2-4000 et seq.).
E. Nothing in this section shall require the Commissioner to instituteproceedings for the imposition of civil penalties if the Commissionerconsiders the violations of this article to be minor. In such cases, theCommissioner may serve a suitable notice of warning in writing when hebelieves that the public interest will be served by so doing.
F. The penalty provisions of this section shall not apply to violations ofthis article or any regulation adopted hereunder with respect to excessivedrug residue. The penalty for any such violation shall be as provided in §3.2-5211.
(2000, c. 993, § 3.1-530.10; 2001, c. 523; 2008, c. 860.)
