Administrative Code

Virginia Administrative Code
1/29/2022

Part VII. Enforcement

6VAC35-160-360. Oversight by the department.

A. The department shall have the responsibility for monitoring compliance with this chapter and for taking enforcement action as provided in this chapter or applicable state and federal statutes and regulations.

B. The department shall have the right to audit, monitor, and inspect any facilities, equipment, software, systems, or procedures required by this chapter.

Statutory Authority

§§ 16.1-223 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-370. Audits authorized.

A. The department may audit participating agencies to ensure and verify adherence to this chapter and to ensure that juvenile record information records are accurate and complete.

B. The audits may include, but will not be limited to, examination of (i) record accuracy, (ii) completeness of information, (iii) timely submission of information, (iv) controls governing dissemination of information and adequate dissemination logs, (v) security provisions, (vi) evidence of notification of the individual's right of access and challenge, (vii) appropriate handling of record challenges, (viii) timely correction of erroneous records, (ix) evidence of timely notifications of required changes, and (x) appropriate notifications to the department as required.

C. The department may conduct audits at any time for cause, including but not limited to occasions when erroneous record information has been identified through a challenge to any person's juvenile record information.

Statutory Authority

§§ 16.1-223 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

6VAC35-160-380. Administrative sanctions.

A. In addition to any criminal or civil sanctions to which a violator of this chapter may be subject pursuant to § 16.1-225 or § 16.1-309 of the Code of Virginia, the department may impose administrative sanctions including but not limited to the following:

1. Temporary or permanent suspension of an individual's authorization to access the Virginia Juvenile Justice Information System;

2. Temporary or permanent suspension of an entity's designation as a "participating agency"; or

3. Temporary or permanent suspension of a participating agency's authorization to access any subsystem of the Virginia Juvenile Justice Information System.

B. The department shall report to the board at its next regular meeting any administrative actions taken against a participating agency for failure to comply with this regulation.

Statutory Authority

§§ 16.1-223 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

6VAC35-160-390. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

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