§ 59.1-293.8. (For contingent expiration, see Editor's note) Enforcement;civil penalties.
A. A manufacturer or other person who knowingly sells or offers for salecigarettes other than by retail sale in violation of § 59.1-293.2 shall besubject to a civil penalty not exceeding $100 for each such pack ofcigarettes sold or offered for sale, provided that in no case shall the civilpenalty assessed against any such person exceed $100,000 for sales or offersfor sale during any 30-day period.
B. A retailer who knowingly sells cigarettes in violation of § 59.1-293.2shall be subject to a civil penalty not exceeding $100 for each pack of suchcigarettes sold or offered for sale, provided that in no case shall the civilpenalty assessed against any retailer exceed $25,000 for sales or offers forsale during any 30-day period.
C. Any person who violates any other provision of this chapter shall besubject to a civil penalty of not more than $1,000 for the first violation.The civil penalty for each subsequent violation shall not exceed $5,000.
D. A manufacturer who knowingly makes a false certification under §59.1-293.3 shall be subject to a civil penalty of at least $75,000 and notexceeding $250,000 for each false certification.
E. A civil penalty may be assessed by the Commissioner only after theCommissioner has consulted with the State Fire Marshal and has given themanufacturer charged with making such a false certification an opportunityfor a public hearing. Where such a public hearing has been held, theCommissioner shall make findings of fact and issue a written decision as tothe occurrence of the violation and the amount of the penalty that iswarranted, incorporating, when appropriate, an order therein requiring thatthe penalty be paid. Any hearing under this section shall be a formaladjudicatory hearing in accordance with the Administrative Process Act (§2.2-4000 et seq.). When the person charged with such a violation fails toavail himself of the opportunity for a public hearing, a civil penalty shallbe assessed by the Commissioner after the Commissioner determines that aviolation has occurred and the amount of the penalty warranted and issues anorder requiring that the penalty be paid.
F. The Commissioner may collect civil penalties that are owed in the samemanner as provided by law in respect to judgment of a court of record. Suchcivil penalties shall be paid into the Cigarette Fire Safety Standard andFirefighter Protection Act Fund referenced in subsection F of § 59.1-293.3and used in carrying out the purposes of this chapter.
§ 59.1-293.8. (For contingent expiration, see Editor's note) Enforcement;civil penalties.
A. A manufacturer or other person who knowingly sells or offers for salecigarettes other than by retail sale in violation of § 59.1-293.2 shall besubject to a civil penalty not exceeding $100 for each such pack ofcigarettes sold or offered for sale, provided that in no case shall the civilpenalty assessed against any such person exceed $100,000 for sales or offersfor sale during any 30-day period.
B. A retailer who knowingly sells cigarettes in violation of § 59.1-293.2shall be subject to a civil penalty not exceeding $100 for each pack of suchcigarettes sold or offered for sale, provided that in no case shall the civilpenalty assessed against any retailer exceed $25,000 for sales or offers forsale during any 30-day period.
C. Any person who violates any other provision of this chapter shall besubject to a civil penalty of not more than $1,000 for the first violation.The civil penalty for each subsequent violation shall not exceed $5,000.
D. A manufacturer who knowingly makes a false certification under §59.1-293.3 shall be subject to a civil penalty of at least $75,000 and notexceeding $250,000 for each false certification.
E. A civil penalty may be assessed by the Commissioner only after theCommissioner has consulted with the State Fire Marshal and has given themanufacturer charged with making such a false certification an opportunityfor a public hearing. Where such a public hearing has been held, theCommissioner shall make findings of fact and issue a written decision as tothe occurrence of the violation and the amount of the penalty that iswarranted, incorporating, when appropriate, an order therein requiring thatthe penalty be paid. Any hearing under this section shall be a formaladjudicatory hearing in accordance with the Administrative Process Act (§2.2-4000 et seq.). When the person charged with such a violation fails toavail himself of the opportunity for a public hearing, a civil penalty shallbe assessed by the Commissioner after the Commissioner determines that aviolation has occurred and the amount of the penalty warranted and issues anorder requiring that the penalty be paid.
F. The Commissioner may collect civil penalties that are owed in the samemanner as provided by law in respect to judgment of a court of record. Suchcivil penalties shall be paid into the Cigarette Fire Safety Standard andFirefighter Protection Act Fund referenced in subsection F of § 59.1-293.3and used in carrying out the purposes of this chapter.
§ 59.1-293.8. (For contingent expiration, see Editor's note) Enforcement;civil penalties.
A. A manufacturer or other person who knowingly sells or offers for salecigarettes other than by retail sale in violation of § 59.1-293.2 shall besubject to a civil penalty not exceeding $100 for each such pack ofcigarettes sold or offered for sale, provided that in no case shall the civilpenalty assessed against any such person exceed $100,000 for sales or offersfor sale during any 30-day period.
B. A retailer who knowingly sells cigarettes in violation of § 59.1-293.2shall be subject to a civil penalty not exceeding $100 for each pack of suchcigarettes sold or offered for sale, provided that in no case shall the civilpenalty assessed against any retailer exceed $25,000 for sales or offers forsale during any 30-day period.
C. Any person who violates any other provision of this chapter shall besubject to a civil penalty of not more than $1,000 for the first violation.The civil penalty for each subsequent violation shall not exceed $5,000.
D. A manufacturer who knowingly makes a false certification under §59.1-293.3 shall be subject to a civil penalty of at least $75,000 and notexceeding $250,000 for each false certification.
E. A civil penalty may be assessed by the Commissioner only after theCommissioner has consulted with the State Fire Marshal and has given themanufacturer charged with making such a false certification an opportunityfor a public hearing. Where such a public hearing has been held, theCommissioner shall make findings of fact and issue a written decision as tothe occurrence of the violation and the amount of the penalty that iswarranted, incorporating, when appropriate, an order therein requiring thatthe penalty be paid. Any hearing under this section shall be a formaladjudicatory hearing in accordance with the Administrative Process Act (§2.2-4000 et seq.). When the person charged with such a violation fails toavail himself of the opportunity for a public hearing, a civil penalty shallbe assessed by the Commissioner after the Commissioner determines that aviolation has occurred and the amount of the penalty warranted and issues anorder requiring that the penalty be paid.
F. The Commissioner may collect civil penalties that are owed in the samemanner as provided by law in respect to judgment of a court of record. Suchcivil penalties shall be paid into the Cigarette Fire Safety Standard andFirefighter Protection Act Fund referenced in subsection F of § 59.1-293.3and used in carrying out the purposes of this chapter.
