Administrative Code

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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 91. Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area

9VAC5-91-590. Enforcement of regulations, permits, licenses, certifications and orders.

Enforcement Procedures

A. Licensees, permittees, certified emissions repair technicians and certified emissions repair facilities shall be subject to the provisions of this chapter, be responsible for their own actions and be responsible for the actions of persons employed by them.

B. A violation of the Virginia Motor Vehicle Emissions Control Law, any provision of this chapter or any permit, license, certification or order shall be cause for a notice of violation to be served on the alleged violator, citing the applicable provisions of the Virginia Motor Vehicle Emissions Control Law, this chapter, the permit, license, certification requirement or order, or any combination thereof involved, and the facts on which the alleged violation is based.

C. Owners are responsible for the overall operation of the emissions inspection station or emissions repair facilities including the actions of its employees and any licensed emissions inspector or certified emissions repair technician working at that station or facility and may be issued a notice of violation for any violation of this chapter by such persons.

D. A notice of violation may be addressed through a consent order or through the informal fact finding or formal hearing process.

E. The director or a designated representative shall issue and sign consent orders, conduct informal fact findings and formal hearings and make all case decisions. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Administrative Process Act.

F. Nothing in this chapter shall prevent the department from negotiating a consent order in lieu of a penalty in any case.

Statutory Authority

§ 46.2-1180 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 12, eff. April 2, 1997; amended, Virginia Register Volume 18, Issue 20, eff. October 1, 2002.

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