2006 Code of Virginia § 3.1-1111.1 - Payments from the Fund; transfer and recovery of payments; limitation on claims

3.1-1111.1. Payments from the Fund; transfer and recovery of payments;limitation on claims.

A. No payments made, or otherwise payable, to tobacco farmers under thischapter shall be transferable or assignable, at law or in equity, except bytestate or intestate succession, or by a property settlement agreement,separation agreement or judicial decree in a separation or divorceproceeding. Except in actions initiated by or on behalf of the Commission, nopayments made, or otherwise payable, to tobacco farmers under this chaptershall be subject to execution, levy, attachment, garnishment, or other legalprocess until such money has been paid or distributed. The Commonwealth, andany department, agency or institution thereof, the Commission, and theiragents and employees, shall not be a party or otherwise subject to suchexecution, levy, attachment, garnishment, or other legal process.

B. Grants, loans or other distributions paid or payable from the Fund topromote economic growth and development shall not be subject to execution,levy, attachment, garnishment or other legal process, except in actionsinitiated by or on behalf of the Commission. Such grants, loans or otherdistributions shall only be transferable or assignable in accordance withterms established by the Commission.

C. Any payment from the Fund that is later determined to have been madewrongly or erroneously may be recovered by the Commission either by way of acredit or offset against any future payments otherwise distributable to therecipient or by judicial action. Prior to making any such determination, theCommission shall give the recipient reasonable prior written notice and anopportunity to be heard in accordance with rules established by theCommission.

D. In addition to any other penalties provided by law, any person requestingor applying for a payment from the Fund who knowingly makes any false,fictitious or fraudulent statements or representations or otherwise knowinglyprovides any false, fictitious or fraudulent information to the Commissionshall forfeit his opportunity or eligibility to receive any payments from theFund.

E. Any eligible person who fails, for any reason whatsoever, to apply for anyindemnification payment determined to be distributable by the Commission bythe deadline established by the Commission or its Executive Director for thereceipt of applications or verification forms shall be forever barred fromreceiving such payment unless the person makes appropriate writtenapplication to the Commission that is received within one year of theestablished deadline. At the end of such one-year period, no action shall lieagainst the Fund or the Commission for such payments to the person from theFund.

F. All payments made or eligible to be made under this chapter shall bedeemed to be granted and to be held subject to the provisions of this chapterand any amending or repealing act that may hereafter be passed, and no personshall have any claim for compensation, or otherwise, by reason of hispayments or payment eligibility being affected in any way by any amending orrepealing act.

(2001, c. 757, 9-385.1; 2001, c. 844.)