Administrative Code

Virginia Administrative Code
5/6/2021

Part VIII. Criminal Prosecution for Violation; Civil Enforcement

8VAC40-31-230. Criminal prosecution for violation.

A. Any violation of any provision of § 23-276.12 of the Code of Virginia that is found by council to have been committed by any person, firm, association, postsecondary school, trust, or other entity that offers or confers degrees, diplomas, certificates, programs, or courses of study shall be punishable as a class 1 misdemeanor.

B. Each degree, diploma, certificate, program, or course of study offered or conferred in violation of this chapter or each violation of the provisions of § 23-276.12 of the Code of Virginia shall constitute a separate offense.

C. The council shall take any action required by the Code of Virginia to deter illegal or improper acts that may violate the requirement for school certification. Pursuant to § 23-276.15 of the Code of Virginia, upon confirmation of any notification or discovery of any postsecondary school operating without its certification or approval, the council shall notify, in writing, the relevant local commissioner of the revenue or other official serving such equivalent functions of the postsecondary school's violation of such certification or approval requirements, and shall recommend revocation of the school's business license.

Statutory Authority

§ 23-276.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006.

8VAC40-31-240. Civil enforcement.

Upon the determination of the council that any school, or its agents or representatives, is in violation of this chapter, the council may institute a proceeding in equity to enjoin the violation.

Statutory Authority

§ 23-276.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.