3.2-5714 - Civil penalties.
§ 3.2-5714. Civil penalties.
A. Any person violating any provision of this chapter or regulations adoptedhereunder may be assessed a civil penalty by the Board in an amount not toexceed $1,000 per violation. In determining the amount of any civil penalty,the Board shall give due consideration to: (i) the history of the person'sprevious violations; (ii) the seriousness of the violation; and (iii) thedemonstrated good faith of the person charged in attempting to achievecompliance with the chapter after notification of the violation.
B. Civil penalties assessed under this section shall be paid into the Weightsand Measures Fund as established by § 3.2-5628. The Commissioner shallprescribe procedures for payment of uncontested penalties. The procedureshall include provisions for a person to consent to abatement of the allegedviolation and pay a penalty or negotiated sum in lieu of such penalty withoutadmission of civil liability arising from such alleged violation.
C. Final orders may be recorded, enforced, and satisfied as orders or decreesof a circuit court upon certification of such orders by the Commissioner.Such orders may be appealed in accordance with provisions of theAdministrative Process Act (§ 2.2-4000 et seq.).
(1992, c. 242, § 3.1-969.14; 2008, c. 860.)