Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 31. Virginia Emergency Medical Services Regulations

12VAC5-31-2560. Enforcement actions.

An enforcement action must be delivered to the agent of the affected designated regional EMS council and must specify information concerning the violations, the actions required to correct the violations and the specific date by which correction must be made as follows:

1. Warning: a verbal notification of an action or situation potentially in violation of these regulations.

2. Citation: a written notification for violations of these regulations.

3. Suspension: a written notification of the deactivation and removal of authorization issued under a designation.

4. Civil penalty: The commissioner (or designee) may impose a civil penalty to an agency or entity that fails or refuses compliance with these regulations. Civil penalties may be assessed up to $1,000 per offense. Violations shall be a single, different occurrence for each calendar day the violation occurs and remains uncorrected.

a. Subsequent violations of the same type may be subject to a civil penalty of $500 per calendar day, per violation.

b. Civil penalties will not exceed a combined total of $10,000.

5. Action of the commissioner: the commissioner may command a designated regional EMS council operating in violation of these regulations or state law pursuant to the commissioner's authority under § 32.1-27 of the Code of Virginia and the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) to halt such operation or to comply with applicable law or regulation. A separate and distinct offense will be deemed to have been committed on each day during which any prohibited act continues after written notice to the offender.

6. Criminal enforcement: the commissioner may elect to enforce any part of these regulations or any provision of Title 32.1 of the Code of Virginia by seeking to have criminal sanctions imposed as authorized by § 32.1-27 of the Code of Virginia. A separate and distinct offense will be deemed to have been committed on each day during which any prohibited act continues after written notice by the commissioner to the offender.

Statutory Authority

§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

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