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2016 SESSION
16100448DBe 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. Any The Board may assess against any
person violating this chapter or regulations adopted hereunder may be assessed a civil
penalty by the Board after providing written notice of the alleged
violation. Such notice shall not constitute a case decision as defined in §
2.2-4001. The person so notified shall have 30
days to provide any additional, relevant facts to the Board, including facts
that demonstrate a good-faith attempt to achieve compliance.
In determining the amount of any civil penalty, the Board shall give due
consideration to: (i) the
history of previous violations; (ii) the seriousness of the violation, including any irreparable
harm to the environment and any hazards to the health and safety of the public;
and (iii) the demonstrated good faith in attempting to achieve compliance with the chapter after notification of the
violation.
B. The No sooner than 30
days after providing written notice of the alleged violation pursuant to
subsection A, the Board may assess a penalty of not more
than $1,000 for a violation that is less than serious; not more than $5,000 for
a serious violation; and not more than $20,000 for a repeat or knowing
violation. The Board may assess an additional penalty of up to $100,000 for any
violation that causes serious damage to the environment, serious injury to
property, or serious injury to or death of any person.
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:
(i) pay the proposed penalty in full or contest either the amount of the
penalty or the fact of the violation; and
(ii) forward the proposed amount to the Commissioner's office for placement in
an interest-bearing trust account in the State Treasurer's office. If
administrative or judicial review shows no violation or that the amount of
penalty should be reduced, the Commissioner shall have 30 days from that
showing to remit the appropriate amount to the person, with interest accrued
thereon. If the violation is upheld, the amount collected shall be paid into
the Pesticide Control Fund.
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. Any party so
notified shall be given an opportunity to be heard in accordance with
regulations adopted by the Board. If the hearing appears to show a violation of
this chapter or the regulations issued hereunder, the Commissioner may certify
the facts to the Board or the proper prosecuting attorney and furnish the Board
or that officer with a copy of the results of the investigation This notice shall not constitute a case decision
as defined in § 2.2-4001.
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.