A. Any person willfully violating or refusing, failing or neglecting to comply with any regulation or order of the Board or Commissioner or any provision of this title shall be guilty of a Class 1 misdemeanor unless a different penalty is specified.
B. Any person violating or failing, neglecting, or refusing to obey any lawful regulation or order of the Board or Commissioner or any provision of this title may be compelled in a proceeding instituted in an appropriate court by the Board or Commissioner to obey such regulation, order or provision of this title and to comply therewith by injunction, mandamus, or other appropriate remedy or, pursuant to § 32.1-27.1, imposition of a civil penalty or appointment of a receiver.
C. Without limiting the remedies which may be obtained in subsection B of this section, any person violating or failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained pursuant to subsection B shall be subject, in the discretion of the court, to a civil penalty not to exceed $25,000 for each violation, which shall be paid to the general fund, except that civil penalties for environmental pollution shall be paid into the state treasury and credited to the Water Supply Assistance Grant Fund created pursuant to § 32.1-171.2. Each day of violation shall constitute a separate offense.
D. With the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the Board or Commissioner or any provision of this title, the Board may provide, in an order issued by the Board against such person, for the payment of civil charges for past violations in specific sums, not to exceed the limits specified in § 32.1-27.1 and subsection C of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under § 32.1-27.1 and subsection C of this section. When civil charges are based upon environmental pollution, the civil charges shall be paid into the state treasury and credited to the Water Supply Assistance Grant Fund created pursuant to § 32.1-171.2.
Code 1950, §§ 32-6.4, 32-15; 1975, c. 564; 1976, c. 623; 1979, c. 711; 1980, c. 378; 1989, c. 618; 1999, c. 786; 2003, cc. 753, 762.
Structure Code of Virginia
Chapter 1 - Administration Generally
§ 32.1-1. References to former sections, articles and chapters of Title 32 and other titles
§ 32.1-3.1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 32.1-5. Appointment of members; terms and vacancies
§ 32.1-6. Meetings and chairman
§ 32.1-11. Environmental health, laboratory, and medical care services
§ 32.1-11.2. Regional AIDS resource and consultation centers; HIV early intervention centers
§ 32.1-11.3. Patient and community health education services
§ 32.1-11.6. Virginia Pregnant Women Support Fund; purpose; guidelines
§ 32.1-11.7. Guidelines for cleanup of residential property used to manufacture methamphetamine
§ 32.1-12. Regulations, variances and exemptions
§ 32.1-12.1. Board to establish regulations regarding human research
§ 32.1-13. Emergency orders and regulations
§ 32.1-13.1. Health policy responsibilities
§ 32.1-15. Suggestions as to legislation
§ 32.1-15.1. Certified community health workers
§ 32.1-16. State Department of Health
§ 32.1-17. Appointment of Commissioner; qualifications; term
§ 32.1-18. Executive officer of Board
§ 32.1-19. Duties prescribed by Board
§ 32.1-20. Vested with authority of Board
§ 32.1-21. Salary; teaching activities
§ 32.1-22. Personnel; Deputy Commissioner
§ 32.1-23. Publication of information
§ 32.1-23.01. Information about and resources on palliative care
§ 32.1-23.2. Sexual assault nurse examiner information
§ 32.1-23.3. Eligible Health Care Provider Reserve Directory
§ 32.1-23.4. Prescription drug price transparency; civil penalty
§ 32.1-23.5. Reporting of certain data regarding financial assistance
§ 32.1-23.6. Information and data related to social determinants of health
§ 32.1-24. Applicability of Administrative Process Act
§ 32.1-25. Right of entry to inspect, etc.; warrants
§ 32.1-26. Orders; hearing and notice
§ 32.1-27. Penalties, injunctions, civil penalties and charges for violations
§ 32.1-27.1. Additional civil penalty or appointment of a receiver
§ 32.1-28. When Attorney General to represent Board; special counsel
§ 32.1-29. Employment of attorney to defend Board members, employee, etc.
§ 32.1-30. Local health departments
§ 32.1-32. Independent local health departments
§ 32.1-33. When Board to perform duties of local board
§ 32.1-34. Scope of local health ordinances and regulations
§ 32.1-34.1. Power to seek and receive donations
§ 32.1-34.2. Human trafficking hotline; posted notice required
§ 32.1-34.3. Funding local health departments; cooperative local health budget; report