2006 Code of Virginia § 23-276.12 - Violations; criminal penalty; injunction proceeding; civil penalty

23-276.12. Violations; criminal penalty; injunction proceeding; civilpenalty.

A. Violations of this chapter or the Council's implementing regulations maybe punishable as a Class 1 misdemeanor. Each degree, diploma, certificate,program, or course of study offered, conferred, or used in violation of thischapter or the Council's regulations shall constitute a separate offense.

B. The Council may also institute a proceeding in equity to enjoin anyviolation of this chapter or its implementing regulations. Further, if nocriminal prosecution is instituted against such postsecondary school pursuantto subsection A, the Council shall have the authority to recover a civilpenalty of at least $200 but not more than $1,000 per violation, with eachunlawful act constituting a separate violation. In no event shall the civilpenalties against any one person, corporation, or other entity exceed $25,000per year.

C. Upon substantially prevailing on the merits of the case and unless specialcircumstances would render such an award unjust, the Council shall beentitled to an award of reasonable attorney's fees and costs in any action toenjoin violations of this chapter or its implementing regulations.

(Code 1950, 23-273; 1980, c. 658; 2002, c. 178; 2006, c. 48.)