§ 4.1-509. Board proceedings and appellate review.
A. The Board, upon petition by any beer wholesaler or brewery, or upon itsown motion if it has reasonable grounds to believe a violation has or mayhave occurred, shall have the responsibility of determining whether aviolation of any provision of this chapter has occurred. The Board may, if itfinds that a brewery or beer wholesaler has acted in bad faith in violatingany provision of this chapter or in seeking relief pursuant to this chapter,award reasonable costs and attorneys' fees to the prevailing party.
B. All proceedings under this chapter and any judicial review thereof shallbe held in accordance with and governed by the Virginia AdministrativeProcess Act (§ 2.2-4000 et seq.). Notwithstanding the foregoing, the Boardmay adopt regulations 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 brewery 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 brewery and wholesaler oncondition that such information will not be disclosed by the Board, thebrewery, 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.
(1978, c. 579, § 4-118.11; 1980, c. 299; 1981, c. 536; 1985, c. 549; 1987, c.139; 1993, c. 866.)
§ 4.1-509. Board proceedings and appellate review.
A. The Board, upon petition by any beer wholesaler or brewery, or upon itsown motion if it has reasonable grounds to believe a violation has or mayhave occurred, shall have the responsibility of determining whether aviolation of any provision of this chapter has occurred. The Board may, if itfinds that a brewery or beer wholesaler has acted in bad faith in violatingany provision of this chapter or in seeking relief pursuant to this chapter,award reasonable costs and attorneys' fees to the prevailing party.
B. All proceedings under this chapter and any judicial review thereof shallbe held in accordance with and governed by the Virginia AdministrativeProcess Act (§ 2.2-4000 et seq.). Notwithstanding the foregoing, the Boardmay adopt regulations 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 brewery 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 brewery and wholesaler oncondition that such information will not be disclosed by the Board, thebrewery, 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.
(1978, c. 579, § 4-118.11; 1980, c. 299; 1981, c. 536; 1985, c. 549; 1987, c.139; 1993, c. 866.)
§ 4.1-509. Board proceedings and appellate review.
A. The Board, upon petition by any beer wholesaler or brewery, or upon itsown motion if it has reasonable grounds to believe a violation has or mayhave occurred, shall have the responsibility of determining whether aviolation of any provision of this chapter has occurred. The Board may, if itfinds that a brewery or beer wholesaler has acted in bad faith in violatingany provision of this chapter or in seeking relief pursuant to this chapter,award reasonable costs and attorneys' fees to the prevailing party.
B. All proceedings under this chapter and any judicial review thereof shallbe held in accordance with and governed by the Virginia AdministrativeProcess Act (§ 2.2-4000 et seq.). Notwithstanding the foregoing, the Boardmay adopt regulations 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 brewery 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 brewery and wholesaler oncondition that such information will not be disclosed by the Board, thebrewery, 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.
(1978, c. 579, § 4-118.11; 1980, c. 299; 1981, c. 536; 1985, c. 549; 1987, c.139; 1993, c. 866.)
