§ 4.1-410. Board proceedings and appellate review.
A. The Board, upon petition by any interested party, or upon its own motionif it has reasonable grounds to believe a violation has or may have occurred,shall have the responsibility of determining whether a violation of anyprovision of this chapter has occurred. The Board may, if it finds that thewinery or wine wholesaler has acted in bad faith in violating any provisionof this chapter or in seeking relief pursuant to this chapter, awardreasonable costs and attorneys' fees to the prevailing party.
B. All proceedings under this chapter and any judicial review thereof shallbe held in accordance with the Virginia Administrative Process Act (§2.2-4000 et seq.). Notwithstanding the foregoing, the Board may adoptregulations pertaining to proceedings under this chapter, includingregulations authorizing or requiring the issuance of subpoenas for theproduction of documents, subpoenas for the attendance of witnesses, requestsfor admissions, interrogatories, and depositions, not inconsistent with Part4 of the Rules of the Supreme Court of Virginia.
C. In all proceedings under this chapter, the Board or the circuit courtreviewing a Board order, for good cause, shall enter an order requiring thatinformation relating to the sale, marketing, or manufacturing practices orprocesses of the winery or the wholesaler be filed with the Board or thecourt, as the case may be, in sealed envelopes and that the informationcontained therein remain available only to the winery and wholesaler oncondition that such information will not be disclosed by the Board, thewinery or the wholesaler, or their respective agents and employees. Uponconclusion of the proceedings under this chapter, information supplied shallbe returned to the party furnishing it or, in the alternative, the Board orthe court may order that such information be sealed to be opened only byorder of the Board or the court.
(Code 1950, § 4-118.31; 1985, c. 542, § 4-118.51; 1987, c. 139; 1989, c. 10;1993, c. 866.)
§ 4.1-410. Board proceedings and appellate review.
A. The Board, upon petition by any interested party, or upon its own motionif it has reasonable grounds to believe a violation has or may have occurred,shall have the responsibility of determining whether a violation of anyprovision of this chapter has occurred. The Board may, if it finds that thewinery or wine wholesaler has acted in bad faith in violating any provisionof this chapter or in seeking relief pursuant to this chapter, awardreasonable costs and attorneys' fees to the prevailing party.
B. All proceedings under this chapter and any judicial review thereof shallbe held in accordance with the Virginia Administrative Process Act (§2.2-4000 et seq.). Notwithstanding the foregoing, the Board may adoptregulations pertaining to proceedings under this chapter, includingregulations authorizing or requiring the issuance of subpoenas for theproduction of documents, subpoenas for the attendance of witnesses, requestsfor admissions, interrogatories, and depositions, not inconsistent with Part4 of the Rules of the Supreme Court of Virginia.
C. In all proceedings under this chapter, the Board or the circuit courtreviewing a Board order, for good cause, shall enter an order requiring thatinformation relating to the sale, marketing, or manufacturing practices orprocesses of the winery or the wholesaler be filed with the Board or thecourt, as the case may be, in sealed envelopes and that the informationcontained therein remain available only to the winery and wholesaler oncondition that such information will not be disclosed by the Board, thewinery or the wholesaler, or their respective agents and employees. Uponconclusion of the proceedings under this chapter, information supplied shallbe returned to the party furnishing it or, in the alternative, the Board orthe court may order that such information be sealed to be opened only byorder of the Board or the court.
(Code 1950, § 4-118.31; 1985, c. 542, § 4-118.51; 1987, c. 139; 1989, c. 10;1993, c. 866.)
§ 4.1-410. Board proceedings and appellate review.
A. The Board, upon petition by any interested party, or upon its own motionif it has reasonable grounds to believe a violation has or may have occurred,shall have the responsibility of determining whether a violation of anyprovision of this chapter has occurred. The Board may, if it finds that thewinery or wine wholesaler has acted in bad faith in violating any provisionof this chapter or in seeking relief pursuant to this chapter, awardreasonable costs and attorneys' fees to the prevailing party.
B. All proceedings under this chapter and any judicial review thereof shallbe held in accordance with the Virginia Administrative Process Act (§2.2-4000 et seq.). Notwithstanding the foregoing, the Board may adoptregulations pertaining to proceedings under this chapter, includingregulations authorizing or requiring the issuance of subpoenas for theproduction of documents, subpoenas for the attendance of witnesses, requestsfor admissions, interrogatories, and depositions, not inconsistent with Part4 of the Rules of the Supreme Court of Virginia.
C. In all proceedings under this chapter, the Board or the circuit courtreviewing a Board order, for good cause, shall enter an order requiring thatinformation relating to the sale, marketing, or manufacturing practices orprocesses of the winery or the wholesaler be filed with the Board or thecourt, as the case may be, in sealed envelopes and that the informationcontained therein remain available only to the winery and wholesaler oncondition that such information will not be disclosed by the Board, thewinery or the wholesaler, or their respective agents and employees. Uponconclusion of the proceedings under this chapter, information supplied shallbe returned to the party furnishing it or, in the alternative, the Board orthe court may order that such information be sealed to be opened only byorder of the Board or the court.
(Code 1950, § 4-118.31; 1985, c. 542, § 4-118.51; 1987, c. 139; 1989, c. 10;1993, c. 866.)
