40.1-51.22 - Enforcement of chapter.

§ 40.1-51.22. Enforcement of chapter.

A. Any person who commits the following violations of this chapter shall besubject to a civil penalty of up to $1,000 for an initial violation and$5,000 for each subsequent violation:

1. Failure to provide the notification required by § 40.1-51.20;

2. Improper notification as required by § 40.1-51.20. Improper notificationshall include, but not be limited to, failing to provide required fees,intentionally failing to complete all required sections of the form, failingto properly amend a notification and providing information on the form; or

3. Any violations of safety or health provisions of Title 40.1 or anystandard, rule or regulation adopted pursuant thereto, discovered during aninspection conducted pursuant to § 40.1-51.21 shall be enforced separatelypursuant to § 40.1-49.4.

All procedural rights guaranteed to employers pursuant to § 40.1-49.4 shallapply to the penalties set under this section.

B. Investigation and enforcement for violations of this chapter shall becarried out by the Department of Labor and Industry. Prosecutions under thischapter shall be the responsibility of the Office of the Attorney General ofVirginia. Civil penalties imposed for violation of this chapter shall bepaid into the general fund.

(1992, c. 477.)