Section 46.2-490.9 - Unlawful acts; prosecution; proceedings in equityA. It shall be unlawful for any person to engage in any of the following acts: 1. Operate as a driver improvement clinic or as an instructor without holding a valid license as required by statute or regulation;2. Make use of any designation provided by statute or regulation to denote a standard of professional or occupational competence without being duly licensed;3. Perform any act or function that is restricted by statute or regulation to persons holding a driver improvement clinic or instructor license, without being duly licensed;4. Materially misrepresenting facts in an application for a license;5. Willfully refusing to furnish the Department information or records required or requested pursuant to statute, regulation, or criteria established by the Department pursuant to § 46.2-490. B. In addition to the provisions of subsection A of this section, the Department may institute proceedings in equity to enjoin any person from engaging in any unlawful act enumerated in this section. Such proceedings shall be brought in the name of the Commonwealth in the circuit court of the city or county in which the unlawful act occurred or in which the defendant resides.C. Any person who willfully engages in any unlawful act enumerated in this section shall be guilty of a Class 1 misdemeanor.Amended by Acts 2004, c. 622.