Virginia Code 13.1-570: Violations punishable by Commission
The Commission may, by judgment entered after a hearing on thirty days’ notice to the defendant, if it be proved that the defendant has knowingly made any misrepresentation of a material fact for the purpose of inducing the Commission to take any action or to refrain from taking action, or has violated any provision of this chapter or any order, rule, or regulation of the Commission issued pursuant to this chapter, impose a civil penalty not exceeding $25,000, which shall be collectible by the process of the Commission as provided by law.
Terms Used In Virginia Code 13.1-570
- Commission: means the State Corporation Commission. See Virginia Code 13.1-559
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Franchise: means a written contract or agreement between two or more persons, by which:
1. See Virginia Code 13.1-559
- Franchisee: means a person to whom a franchise is granted or sold. See Virginia Code 13.1-559
- Franchisor: means a person, including a subfranchisor, who grants or sells, or offers to grant or sell, a franchise. See Virginia Code 13.1-559
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Each franchise entered into contrary to the provisions of this chapter shall constitute a separate violation. The Commission may request the franchisor to rescind any franchise and to make restitution to the franchisee. If the franchisor complies with the request, the Commission shall consider such compliance in determining whether a penalty should be imposed on him on account of that illegal franchise, and if so, the amount of such penalty.
1972, c. 561; 1990, c. 31; 1991, c. 475; 2000, c. 166.