Administrative Code

Virginia Administrative Code
12/3/2022

Article 2. Enforcement of Regulations

12VAC5-462-90. Notice.

Article 2
Enforcement of Regulations

Subject to the exceptions below, whenever the commissioner or the district or local health department has reason to believe a violation of any of these regulations has occurred or is occurring, the alleged violator shall be notified. Such notice shall be made in writing, shall be delivered personally or sent by certified mail, shall cite the regulation or regulations that are allegedly being violated, shall state the facts which form the basis for believing the violation has occurred or is occurring, shall include a request for a specific action by the recipient by a specified time and shall state the penalties associated with such violation. When the commissioner deems it necessary, he may initiate criminal prosecution or seek civil relief through mandamus or injunction prior to giving notice.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.3, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-100. Orders.

Pursuant to the authority granted in § 32.1-26 of the Code of Virginia, the commissioner may issue orders to require any owner, or other person, to comply with the provisions of this chapter. The order shall be signed by the commissioner and may require:

1. The immediate cessation and correction of the violation;

2. Appropriate remedial action to ensure that the violation does not recur;

3. The submission of a plan to prevent future violation to the commissioner for review and approval;

4. The submission of an application for a variance; or

5. Any other corrective action deemed necessary for proper compliance with this chapter.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.4, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-110. Hearing before the issuance of an order.

Before the issuance of an order described in 12VAC5-462-100, a hearing must be held, with at least 30 days notice by certified mail to the affected owner or other person of the time, place and purpose thereof. The procedures at the hearing shall be in accordance with 12VAC5-462-230 or 12VAC5-462-240 and with §§ 9-6.14:11through9-6.14:14 of the Code of Virginia.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.5, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-120. Order; when effective.

All orders issued pursuant to 12VAC5-462-100 shall become effective not less than 15 days after mailing a copy thereof by certified mail to the last known address of the owner or person violating this chapter. Violation of an order is a Class 1 misdemeanor. See § 32.1-27 of the Code of Virginia.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.6, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-130. Compliance with effective orders.

The commissioner may enforce all orders. Should any owner or other person fail to comply with any order, the commissioner may:

1. Apply to an appropriate court for an injunction or other legal process to prevent or stop any practice in violation of the order;

2. Commence administrative proceedings to suspend or revoke the operations permit if the public swimming pool is a tourist establishment pool.

3. Request the Attorney General to bring an action for civil penalty, injunction, or other appropriate remedy; or

4. Request the Commonwealth's Attorney to bring a criminal action.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.7, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-140. Not exclusive means of enforcement.

Nothing contained in Article 2 of this part shall be interpreted to require the commissioner to issue an order prior to commencing administrative proceedings or seeking enforcement of any regulations or statute through an injunction, mandamus or criminal prosecution, nor shall anything in this chapter affect the authority of the board or commissioner from issuing an emergency order under § 32.1-13 of the Code of Virginia.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.8, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

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