V.I. Code tit. 19, § 1491 (2019)
2019 US Virgin Islands Code|Title 19 - Health|Part VI - Regulatory Provisions Concerning Public Health|Chapter 53A - Smoking Ban|§ 1491. Administration; enforcement

 (a)  (1) The Commissioner of Health is the designated person and the Department of Health is designated lead department responsible for administration and enforcement of the provisions of this chapter. However, every peace officer may enforce this chapter pursuant to 5 V.I.C. § 3562(1). (2) The Commissioner of Health shall promulgate regulations necessary to carry out mandates of this chapter, including procedures for filing, investigating and resolving complaints. (3) Any citizen who desires to file a complaint under this chapter against a proprietor may initiate the complaint with the Department of Health. (4) The Department of Health, after receiving a written complaint signed by the complainant and citing the section and subsection of this chapter violated, shall take the following actions: (A) Within ten business days from receipt of a complaint, the Department of Health shall provide the accused proprietor with notice of the complaint. The notice must include, the name of the complainant, an explanation of the violation alleged, witnesses to the violation, if any, the time and place of the violation, the provisions of this chapter allegedly violated, and any additional information the Department of Health considers relevant and necessary to comply with procedural due process of law. (B) Within ten business days after the notice of the complaint, the accused proprietor must be given an opportunity to submit a written answer to the allegations. (C) Within the time specified the proprietor may file one or more notices with the Commissioner of defense, in which the proprietor may: (i) Request a hearing; (ii) Admit the accusation in whole or in part; (iii) Present new matters or explanations by way of a defense; or (iv) State any legal objections to the complaint. (D) The accused proprietor is entitled to a hearing on the merits if the proprietor files the required notice of defense within the time allowed by subparagraph (B) of this paragraph, and any such notice is deemed a specific denial of all parts of the complaint not expressly admitted. Failure to timely file the required notice of defense or to appear at the hearing constitutes an admission of all matters and facts contained in the complaint and a waiver of the proprietor's rights to a hearing, but the Commissioner, may nevertheless order a hearing. All affirmative defenses must be specifically stated, and unless objection is taken as provided in paragraph (4), subparagraph (C), item (iv) of this section, all objections to the form of the complaint shall be deemed waived. (E) The Commissioner shall determine the time and place of the hearing as soon as reasonably practical after receiving the proprietor's notice of defense. The Commissioner shall hand deliver or send by certified mail a notice to all parties at least 10 days before the hearing. Unless the proprietor consents, the hearing may not be held prior to the expiration time within which the proprietor is entitled to file the notice of defense. (F) The Commissioner shall afford an opportunity for a fair hearing to the accused proprietor at the time and place specified in the notice. On the basis of the evidence produced at the hearing, the Commissioner shall make findings of fact and conclusions of law and enter such order as in the Commissioner's opinion will best further the purposes of this section. (G) Written notice of the order must be issued to the accused proprietor and to such other persons as appeared at the hearing and made written request for notice of the order. The order may direct the proprietor to stop the violation, take corrective action, or impose a civil or administrative penalty pursuant to section 1496, subsection (a), paragraph (2), or direct all of the foregoing. The order of the Commissioner becomes final and binding on all parties unless appealed to the courts as provided in subparagraph (H) of this section within 15 days after notice has been sent to the parties. (H) Any person adversely affected by an order of the Commissioner may obtain a judicial review by filing a written petition for review with the Magistrate Court within 30 days after the entry of the order. The petition must state the grounds upon which review is asked and must pray that the order of the Commissioner be modified or set aside in whole or in part. A copy of the petition must be forthwith served upon the Commissioner and within 15 days the Commissioner shall certify and file in the court a transcript of the record upon which the order complained of was entered. A copy of the transcript must also be furnished at the time of the filing to the appellant. (I)  (i) Nothing within this section precludes the Attorney General or the Commissioner of Licensing and Consumer Affairs from acting through or at the request of the Commissioner of Health from maintaining an action for injunctive relief to enforce the provisions of this chapter and assess and recover penalties in a court of competent jurisdiction. (ii) Nothing in this section is a limitation on the power of any department or agency or private entity from adopting and enforcing additional regulations, not in conflict with this chapter, imposing further conditions or restrictions on conduct in public places which might adversely affect public health or from bringing an action to prohibit and abate nuisances.