Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-140 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				administrative procedures used to conduct case decisions under this chapter
				shall conform to the provisions of the Virginia Administrative Process Act
				(§
									2.2-4000 et
				seq. of the Code of Virginia).
B.
				The state regulatory agency shall comply with the following administrative
				procedures when summarily suspending a grade A permit as specified in
				2VAC5-490-31
				B:
1. The state regulatory agency shall serve
				upon the grade A permit holder a written notice of suspension. The written
				notice of suspension shall specify the violations in question and inform the
				grade A permit holder of the right to appear before the state regulatory agency
				in person, by counsel, or by other qualified representative at a fact-finding
				conference for the informal presentation of factual data, arguments, and proof
				to appeal this determination of violation;
2. Upon receipt of written application from
				any person whose grade A permit has been summarily suspended (within 30 days
				after the effective date of the summary suspension) the state regulatory agency
				shall within seven days after the date of receipt by the state regulatory
				agency of a written application from any person whose grade A permit has been
				summarily suspended proceed to hold an informal fact-finding conference to
				ascertain the facts of the violations in question and upon evidence presented
				at the informal fact-finding conference shall affirm, modify, or rescind the
				summary suspension;
3. The state
				regulatory agency shall, unless the parties consent, ascertain the fact basis
				for their decisions of cases through informal conference proceedings. Such
				conference proceedings include the rights of parties to the case to have
				reasonable notice thereof, to appear in person or by counsel or other qualified
				representative before the state regulatory agency for the informal presentation
				of factual data, argument, or proof in connection with any case, to have notice
				of any contrary fact basis or information in the possession of the agency that
				can be relied upon in making an adverse decision, to receive a prompt decision
				of any application for license, benefit, or renewal thereof, and to be
				informed, briefly and generally in writing, of the factual or procedural basis
				for an adverse decision in any case;
4. No person whose grade A permit has been
				summarily suspended may be granted an informal fact-finding conference by the
				state regulatory agency unless the state regulatory agency receives the
				person's written application within 30 days after the effective date of the
				summary suspension;
5. From any
				adverse decision of an informal fact-finding conference, the grade A permit
				holder may request a formal hearing under §
										2.2-4020
				of the Code of Virginia by writing the Program Manager of the Office of Dairy
				and Foods within 30 days stating the request and by providing the state
				regulatory agency with a statement of the issues in dispute. If the request for
				a formal hearing is denied, the state regulatory agency shall notify the grade
				A permit holder in writing and further may affirm or modify the decision of the
				informal fact-finding conference; and
6. If a formal hearing is denied, the state
				regulatory agency shall notify the grade A permit holder of the right to file
				an appeal in the circuit court.
NOTICE: Forms used in administering the regulation have been
				  filed by the agency. The forms are not being published; however, online users
				  of this issue of the Virginia Register of Regulations may click on the name of
				  a form with a hyperlink to access it. The forms are also available from the
				  agency contact or may be viewed at the Office of the Registrar of Regulations,
				  900 East Main Street, 11th Floor, Richmond, Virginia 23219.