A. In addition to the penalties prescribed in § 3.2-5229 or 3.2-5232, anyperson violating any provision of this article or regulation adoptedhereunder may be assessed a civil penalty by the Commissioner for eachviolation in an amount not to exceed $15,000. In determining the amount ofany civil 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 the regulations 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 he hasgiven the person charged with a violation an opportunity for a publichearing. Where such a public hearing has been held, the Commissioner shallmake findings of fact and issue a written decision as to the occurrence ofthe violation and the amount of the penalty that is warranted, incorporating,when appropriate, an order therein requiring that the penalty be paid. Whenappropriate, 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 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.
A. In addition to the penalties prescribed in § 3.2-5229 or 3.2-5232, anyperson violating any provision of this article or regulation adoptedhereunder may be assessed a civil penalty by the Commissioner for eachviolation in an amount not to exceed $15,000. In determining the amount ofany civil 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 the regulations 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 he hasgiven the person charged with a violation an opportunity for a publichearing. Where such a public hearing has been held, the Commissioner shallmake findings of fact and issue a written decision as to the occurrence ofthe violation and the amount of the penalty that is warranted, incorporating,when appropriate, an order therein requiring that the penalty be paid. Whenappropriate, 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 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.
A. In addition to the penalties prescribed in § 3.2-5229 or 3.2-5232, anyperson violating any provision of this article or regulation adoptedhereunder may be assessed a civil penalty by the Commissioner for eachviolation in an amount not to exceed $15,000. In determining the amount ofany civil 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 the regulations 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 he hasgiven the person charged with a violation an opportunity for a publichearing. Where such a public hearing has been held, the Commissioner shallmake findings of fact and issue a written decision as to the occurrence ofthe violation and the amount of the penalty that is warranted, incorporating,when appropriate, an order therein requiring that the penalty be paid. Whenappropriate, 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 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.
