2006 Code of Virginia § 46.2-1576 - Suspension, revocation, and refusal to renew licenses or certificates of dealer registration or qua...

46.2-1576. Suspension, revocation, and refusal to renew licenses orcertificates of dealer registration or qualification; notice and hearing.

A. Except as provided in 46.2-1527.7 and subsections B and C of thissection, no license or certificate of dealer registration or qualificationissued under this subtitle shall be suspended or revoked, or renewal thereofrefused, until a written copy of the complaint made has been furnished to thelicensee, registrant, or qualifier against whom the same is directed and apublic hearing thereon has been had before a hearing officer designated bythe Board. At least ten days' written notice of the time and place of thehearing shall be given to the licensee, registrant, or qualifier byregistered mail addressed to his last known post office address or as shownon his license or certificate or other record of information in possession ofthe Board. At the hearing the licensee, registrant, or qualifier shall havethe right to be heard personally or by counsel. The hearing officer shallprovide recommendations to the Board within ninety days of the conclusion ofthe hearing. After receiving the recommendations from the hearing officer,the Board may suspend, revoke, or refuse to renew the license or certificatein question. A Board member shall disqualify himself and withdraw from anycase in which he cannot accord fair and impartial consideration. Any partymay request the disqualification of any Board member by stating withparticularity the grounds upon which it is claimed that fair and impartialconsideration cannot be accorded. The remaining members of the Board shalldetermine whether the individual should be disqualified. Immediate notice ofany suspension, revocation, or refusal shall be given to the licensee,registrant, or qualifier in the manner provided in this section in the caseof notices of hearing.

B. Should a dealer fail to maintain an established place of business, theBoard may cancel the license of the dealer without a hearing afternotification of the intent to cancel has been sent, by return receipt mail,to the dealer at the dealer's residence and business addresses, and thenotices are returned undelivered or the dealer does not respond within twentydays from the date the notices were sent. Any subsequent application for adealer's license shall be treated as an original application.

C. Should a dealer fail or refuse to pay civil penalties imposed by the Boardpursuant to 46.2-1507, the Board may deny, revoke, or suspend the dealer'slicense without a hearing after notice of imposition of civil penalties hasbeen sent, by certified mail, return receipt requested, to the dealer at thedealer's business address and such civil penalty is not paid in full withinthirty days after receipt of the notice.

(1988, c. 865, 46.1-550.5:35; 1989, c. 727; 1990, c. 197; 1995, cc. 767,816; 1996, cc. 639, 658; 1999, c. 217.)