13 Va. Admin. Code § 6-20-450

Current through Register Vol. 41, No. 6, November 4, 2024

Section 13VAC6-20-450 - Payment of damages; limitations; conditions

A. If a regulant has not paid the awarded amount within 30 days as provided in 13VAC6-20-430 or filed an appeal to the circuit court as provided in 13VAC6-20-440, the board shall, upon request of the claimant pay the awarded amount to the claimant from the recovery fund under the following conditions:

1. The maximum claim of one claimant against the fund because of a single or multiple violations by one or more regulants shall be limited to $40,000;

2. The fund balance is sufficient to pay the awarded amount;

3. The claimant has assigned the board all rights and claims against the regulant; and

4. The claimant agrees to subrogate to the board all rights of the claimant to the extent of payment.

B. The aggregate amount of claims paid from the fund for violations by any one regulant during any license period shall be as follows:

1. For a manufacturer -- $75,000.

2. For a dealer -- $35,000.

3. For a broker -- $35,000.

4. For a salesperson -- $25,000.

C. If the board has reason to believe there may be additional claims against the fund from other transactions by the same regulant, the board may withhold any payments, involving that regulant, from the fund for a period of not more than one year from the date the board approved the original claimant's award. After this one-year period, if the aggregate of claims against the same regulant exceeds the limitations of this section, the aggregate amount shall be prorated by the board among the claimants and paid from the fund in proportion to the amounts of their awards remaining unpaid.

D. The amount of damages awarded by the board shall be limited to actual, compensatory damages and shall not include attorney fees for representation before the board.

13 Va. Admin. Code § 6-20-450

Derived from VR449-01-02 §7.4, eff. April 1, 1994; Amended, Virginia Register Volume 38, Issue 01, eff. 10/15/2021.

Statutory Authority: § 36-85.18 of the Code of Virginia.