20 Va. Admin. Code § 5-325-90

Current through Register Vol. 40, No. 22, June 17, 2024

Section 20VAC5-325-90 - Civil penalties

A. The amount of the civil penalty for a violation of these rules shall be determined in accordance with § 12.1-13 of the Code of Virginia.

B. In determining the amount of any civil penalty included in a settlement, the nature, circumstances, and gravity of the violation, the degree of the probable violator's culpability, the probable violator's history of prior offenses, and such other factors as may be appropriate shall be considered.

C. The probable violator shall pay a civil penalty that has been imposed by the commission as a result of a rule to show cause or pursuant to an order of settlement by submitting to the division a certified check made payable to the Treasurer of Virginia in the correct amount of the civil penalty determined by the commission.

D. If the probable violator or named defendant in an order issued pursuant to these rules fails to comply with such order, then the amount of the civil penalty for failure to comply with the commission's order shall be determined in accordance with § 12.1-33 of the Code of Virginia.

20 Va. Admin. Code § 5-325-90

Derived from Virginia Register Volume 17, Issue 23, eff. July 1, 2001.

Statutory Authority

§§ 12.1-13 and 56-265.15 of the Code of Virginia.