46.2-490.9 - Unlawful acts; prosecution; proceedings in equity.

§ 46.2-490.9. Unlawful acts; prosecution; proceedings in equity.

A. 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 holdinga valid license as required by statute or regulation;

2. Make use of any designation provided by statute or regulation to denote astandard of professional or occupational competence without being dulylicensed;

3. Perform any act or function that is restricted by statute or regulation topersons holding a driver improvement clinic or instructor license, withoutbeing duly licensed;

4. Materially misrepresenting facts in an application for a license;

5. Willfully refusing to furnish the Department information or recordsrequired or requested pursuant to statute, regulation, or criteriaestablished by the Department pursuant to § 46.2-490.

B. In addition to the provisions of subsection A of this section, theDepartment may institute proceedings in equity to enjoin any person fromengaging in any unlawful act enumerated in this section. Such proceedingsshall be brought in the name of the Commonwealth in the circuit court of thecity or county in which the unlawful act occurred or in which the defendantresides.

C. Any person who willfully engages in any unlawful act enumerated in thissection shall be guilty of a Class 1 misdemeanor.

(2004, c. 622.)