State Codes and Statutes
Statutes > Virginia > Title-9-1 > Chapter-1 > 9-1-150-3§ 9.1-150.3. Powers of Department of Criminal Justice Services relating tospecial conservators of the peace appointed pursuant to § 19.2-13.
A. In addition to the powers otherwise conferred upon it by law, theDepartment may (i) charge each applicant for registration a nonrefundable feeas established by the Board to cover the costs of the Department forprocessing an application for registration, and enforcement of theregulations, and other costs associated with the maintenance of the programof regulation; (ii) charge nonrefundable fees for private security servicestraining as established by the Board for processing school certifications andenforcement of training standards; and (iii) conduct investigations todetermine the suitability of applicants for registration, including a drugand alcohol screening. For purposes of this investigation, the Departmentshall require the applicant to provide personal descriptive information to beforwarded, along with the applicant's fingerprints, to the Central CriminalRecords Exchange for the purpose of conducting a Virginia criminal historyrecords search. The Central Criminal Records Exchange shall forward thefingerprints and personal description to the Federal Bureau of Investigationfor the purpose of obtaining a national criminal record check.
B. The Director or his designee may make an ex parte application to thecircuit court for the city or county wherein evidence sought is kept orwherein a licensee does business for the issuance of a subpoena duces tecumin furtherance of the investigation of a sworn complaint within thejurisdiction of the Department or the Board to request production of anyrelevant records, documents and physical or other evidence of any person,partnership, association or corporation licensed or regulated by theDepartment pursuant to this article. The court may issue and compelcompliance with such a subpoena upon a showing of reasonable cause. Upondetermining that reasonable cause exists to believe that evidence may bedestroyed or altered, the court may issue a subpoena duces tecum requiringthe immediate production of evidence. Costs of the investigation andadjudication of violations of this article or Board regulations may berecovered. All costs recovered shall be deposited into the state treasury tothe credit of the Conservators of the Peace Regulatory Fund. Such proceedingsshall be brought in the name of the Commonwealth by the Department in thecircuit court of the city or county in which the unlawful act occurred or inwhich the defendant resides. The Director, or agents appointed by him, shallhave the authority to administer oaths or affirmations for the purpose ofreceiving complaints and conducting investigations of violations of thisarticle, or any regulation promulgated hereunder and to serve process issuedby the Department or the Board.
(2003, c. 922.)
