1. A. Whenever the commissioner or the department notifies a named party of an alleged violation of this chapter, the procedures and content of such notice shall be as follows:

   1. 1. Any notice of alleged violation shall be made in writing and shall be delivered personally or sent by certified mail to the named party.
   2. 2. The notice shall cite the regulation or regulations that are applicable to the situation.
   3. 3. The notice shall state the factual basis for the issuance of the notice.
   4. 4. The notice shall include a request for a specific action by the recipient by a specified time.

   5. 5. The notice shall include information on the process for obtaining an informal fact finding conference to determine whether or not a violation has occurred.

      The issuance of a notice of alleged violation by the commissioner or the department shall not be considered a case decision as defined in § 2.2-4001 of the Code of Virginia. When the commissioner deems it necessary, he may initiate criminal prosecution or seek civil relief through mandamus or injunction prior to giving notice.

2. B. The commissioner may issue orders in accordance with Title 32.1 (§ 32.1-1 et seq.) of the Code of Virginia 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. 1. The immediate cessation and correction of the violation;
   2. 2. Appropriate remedial action to ensure that the violation does not recur;
   3. 3. The submission of a plan to prevent future violation to the commissioner for review and approval;
   4. 4. The submission of an application for a variance; or
   5. 5. Any other corrective action deemed necessary for proper compliance with the chapter.

Statutory Authority

§§ 32.1-12 and 32.1-164 of the Code of Virginia.

Historical Notes

Derived from VR355-34-400 § 2.5, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.