Bill Text: VA SB348 | 2016 | Regular Session | Chaptered
Bill Title: Pesticide Control Act; clarifies process to assess penalty for violation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-03-07 - Governor: Acts of Assembly Chapter text (CHAP0320) [SB348 Detail]
Download: Virginia-2016-SB348-Chaptered.html
Be it enacted by the General Assembly of Virginia: 1. That §§3.2-3943 and 3.2-3946 of the Code of Virginia are amended and reenacted as follows: §3.2-3943. Civil penalties; procedure. A. B. C. Civil penalties assessed under this section shall be paid into Pesticide Control Fund established in §3.2-3912. The Commissioner shall prescribe procedures for payment of penalties that are not contested by licensees or persons, including provisions for a person to consent to abatement of the alleged violation and payment of a penalty or negotiated sum in lieu of such penalty without admission of civil liability. D. The person to whom a civil penalty is issued shall have 15
days to request an informal fact-finding conference, held pursuant to §
2.2-4019, to challenge the fact or amount of the civil penalty. If the civil
penalty is upheld, such person shall have 15 days to E. Final orders of the Board may be recorded, enforced, and satisfied as orders or decrees of a circuit court upon certification by the secretary of the Board. Such orders may be appealed in accordance with the provisions of the Administrative Process Act (§2.2-4000 et seq.). §3.2-3946. Proceedings in case of violations. A. If the examination of laboratory results or other evidence
collected during an investigation appears to show a violation of this chapter
or any of the regulations issued hereunder, the Commissioner may provide notice
of the alleged violation to the registrant, distributor, possessor,
licensee, applicator, or other person from whom such evidence was taken. B. It shall be the duty of every attorney for the Commonwealth to whom the Commissioner shall report any violation of this chapter to cause proceedings to be prosecuted without delay. C. Nothing in this chapter shall be construed as requiring the Commissioner to report for the institution of proceedings under this chapter, minor violations of this chapter, whenever the Commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. Copies of such warnings shall be reported to the Board. |