Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IX - Enforcement Procedures › Section 9VAC5-91-600 - General enforcement process

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon issuance of a notice of violation,
				  attempts shall be made to negotiate a consent order. The negotiation process
				  may take the form of two tiers, the first involving negotiations with the
				  department field staff. The second tier involves subsequent negotiations with
				  the department's management personnel for regional compliance, mobile sources
				  operations, or enforcement if the first tier negotiations are unsuccessful and
				  the alleged violator wishes to continue negotiations.
B. If the parties cannot agree on a consent
				  order, an informal fact finding shall be held after reasonable notice in
				  accordance with § 2.2-4019 of the Administrative Process Act. Upon consent
				  of all parties, the informal fact finding may be waived and a formal hearing
				  shall be held after reasonable notice in accordance with § 2.2-4020 of the
				  Administrative Process Act. During these proceedings, the department and the
				  alleged violator may present facts and circumstances surrounding the alleged
				  violation in accordance with the Administrative Process Act.
C. A formal hearing shall be held to suspend
				  emissions inspection station permits, unless the parties agree to hold an
				  informal fact finding and waive a formal hearing and agree that the decision
				  from the informal fact finding is the final decision for purposes of Article V
				  (§ 2.2-4025 et seq.) of the Administrative Process Act.. An emissions
				  inspection station permit may be suspended pursuant to an informal fact
				  finding, provided a formal hearing is held within 10 days from the date of
				  suspension in accordance with § 46.2-1185 of the Virginia Motor Vehicle
				  Emissions Control Law and § 2.2-4020 of the Administrative Process
				  Act.
D. As provided in §
				  46.2-1185 of the Virginia Motor Vehicle Emissions Control Law, the director can
				  summarily suspend an emissions inspection station permit without a formal
				  hearing and require the permit holder to immediately cease performing emissions
				  inspections. Within 10 days of such action, a formal hearing shall be held to
				  affirm, modify, amend, or cancel the suspension unless the affected party
				  agrees to waive the formal hearing and allow the suspension to remain in
				  effect.
E. With respect to appeals
				  of penalties imposed pursuant to an informal fact finding, the presiding
				  officer shall be a designee of the director other than the regional emissions
				  inspection program manager or any emissions inspection program staff
				  member.
F. Any case decision made
				  pursuant to an informal fact finding must be in writing, must inform the
				  alleged violator of the penalty being imposed and the basis for any adverse
				  decision, and must inform the named party of his right to appeal.
1. Any affected party has the right to
				  request a formal hearing to appeal an adverse decision from an informal fact
				  finding unless the parties agree before the decision is rendered to waive the
				  formal hearing and that the decision shall be considered a final decision for
				  purposes of Article V (§ 2.2-4025 et seq.) of the Administrative Process
				  Act.
2. A written informal fact
				  finding decision shall contain a statement that the affected party has the
				  right to request a formal hearing in order to appeal the decision within 10
				  days of notification of the decision or, if previously agreed by the parties,
				  that the decision is final and the affected party has the right to appeal the
				  decision to court.
3. Any request
				  for a formal hearing shall be made within 10 days of notification of the
				  decision by the affected party, in writing, to the department representative
				  who made the informal fact finding decision.