Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 531 - REGULATIONS GOVERNING MILK FOR MANUFACTURING PURPOSES › Section 2VAC5-531-140 - Interpretation and enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				chapter is based on the USDA Milk for Manufacturing Purposes and its Production
				and Processing-Recommended Requirements, effective July 21, 2011. Except as
				otherwise provided in this chapter, the provisions of this chapter shall be
				interpreted in a manner consistent with interpretations accorded the USDA Milk
				for Manufacturing Purposes and its Production and Processing-Recommended
				Requirements, effective July 21, 2011.
B. 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).
C. The Virginia
				Department of Agriculture and Consumer Services shall comply with the following
				administrative procedures when summarily suspending a permit as specified in
				2VAC5-531-50 D:
1. The Virginia Department of Agriculture and
				Consumer Services shall serve upon the permit holder a written notice of
				suspension. The written notice of suspension shall specify the violations in
				question and inform the permit holder of the right to appear before the
				Virginia Department of Agriculture and Consumer Services in person, by counsel,
				or by other qualified representative at an informal fact-finding conference
				pursuant to § 2.2-4019 of the Code of Virginia 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 permit has been summarily suspended
				(within 30 days after the effective date of the summary suspension), the
				Virginia Department of Agriculture and Consumer Services shall within seven
				days after the date of receipt of a written application from any person whose
				permit has been summarily suspended, proceed to hold an informal fact-finding
				conference pursuant to § 2.2-4019 of the Code of Virginia 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 Virginia
				Department of Agriculture and Consumer Services shall, unless the parties
				consent, ascertain the fact basis for their decisions of cases through informal
				fact-finding conferences pursuant to § 2.2-4019 of the Code of Virginia.
				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 Virginia Department of Agriculture and Consumer
				Services 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 department which 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 permit has
				been summarily suspended may be granted an informal fact-finding conference by
				the Virginia Department of Agriculture and Consumer Services unless the
				Virginia Department of Agriculture and Consumer Services 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 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 providing the Virginia Department of Agriculture and Consumer
				Services with a statement of the issues in dispute. If the request for a formal
				hearing is denied, the Virginia Department of Agriculture and Consumer Service
				s shall notify the 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
				Virginia Department of Agriculture and Consumer Services shall notify the
				permit holder of the right to file an appeal in the circuit court.
NOTICE: The following forms used in administering the
				  regulation were 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, General Assembly Building, 2nd Floor, Richmond,
				  Virginia 23219.