2006 Code of Virginia § 55-79.98 - General powers and duties of the Real Estate Board

55-79.98. General powers and duties of the Real Estate Board.

(a) The agency shall prescribe reasonable rules which shall be adopted,amended or repealed in compliance with law applicable to the administrativeprocedure of agencies of government. The rules shall include but not belimited to provisions for advertising standards to assure full and fairdisclosure; provisions for operating procedures; and other rules as arenecessary and proper to accomplish the purpose of this chapter.

(b) The agency by rule or by an order, after reasonable notice and hearing,may require the filing of advertising material relating to condominiums priorto its distribution.

(c) If it appears that a person has engaged or is about to engage in an actor practice constituting a violation of a provision of this chapter, or arule or order hereunder, the agency, with or without prior administrativeproceedings may bring an action in the circuit court of the city or county inwhich any portion of the condominium is located to enjoin the acts orpractices and to enforce compliance with this chapter or any rule or orderhereunder. Upon proper showing, injunctive relief of temporary restrainingorders shall be granted. The agency is not required to post a bond in anycourt proceedings or prove that any other adequate remedy at law exists.

(c1) With respect to any lawful process served upon the agency pursuant tothe appointment made in accordance with subdivision A 1 of 55-79.89, theagency shall forthwith cause the same to be sent by registered or certifiedmail to any of the principals, officers, directors, partners, or trustees ofthe declarant listed in the application for registration at the last addresslisted in such application or any annual report.

(d) The agency may intervene in any suit involving the declarant. In any suitby or against a declarant involving a condominium, the declarant shallpromptly furnish the agency notice of the suit and copies of all pleadings.

(e) The agency may:

(1) Accept registrations filed in other states or with the federal government;

(2) Contract with similar agencies in this Commonwealth or otherjurisdictions to perform investigative functions;

(3) Accept grants in aid from any governmental source.

(f) The agency shall cooperate with similar agencies in other jurisdictionsto establish uniform filing procedures and forms, uniform public offeringstatements, advertising standards, rules and common administrative practices.

(1974, c. 416; 1981, c. 480.)