CODE OF VIRGINIA

ENFORCEMENT OF LAWS BY DIRECTOR OR INVESTIGATORS; AUTHORITY OF INVESTIGATORS
APPOINTED BY DIRECTOR (§ 54.1-306)

A. The Director or investigators appointed by him shall be sworn to enforce the
statutes and regulations pertaining to the Department, the regulatory boards
within Subtitle II (§ 54.1-200 et seq.) of this title, and any of the programs
which may be in another title of this Code for which any regulatory board within
Subtitle II has enforcement responsibility. The Director or investigators
appointed by him shall have the authority to investigate violations of the
statutes and regulations that the Director is required to enforce. The Director
or investigators appointed by him shall also have the authority to issue
summonses for violations of the statutes and regulations governing the
unlicensed practice of professions regulated by the Department. In the event a
person issued such a summons fails or refuses to discontinue the unlawful acts
or refuses to give a written promise to appear at the time and place specified
in the summons, the investigator may appear before a magistrate or other issuing
authority having jurisdiction to obtain a criminal warrant pursuant to §
19.2-72. In addition, sworn criminal investigators of the Department’s
Criminal Investigations section shall be statewide conservators of the peace
while engaged in the performance of their official duties.

B. All investigators appointed by the Director are vested with the authority to
administer oaths or affirmations for the purpose of receiving complaints and
conducting investigations of violations of this subtitle, or any regulation
promulgated pursuant to authority given by this subtitle or in connection with
any investigation conducted on behalf of any regulatory board within this
subtitle or a program which may be located in another title in this Code. Such
investigators are vested with the authority to obtain, serve and execute any
warrant, paper or process issued by any court or magistrate or any regulatory
board under the authority of the Director and request and receive criminal
history information under the provisions of § 19.2-389.

C. Any regulatory board within the Department of Professional and Occupational
Regulation may adopt a resolution delegating to the sworn investigators
appointed by the Director pursuant to § 54.1-306, the authority to conduct
inspections. After conducting an inspection pursuant to the delegation of
inspection authority, an investigator may initiate an investigation based on any
act, omission, or condition witnessed by the investigator and offer a consent
agreement to the regulant to resolve any violation discovered during the
inspection, subject to the provisions of subsection B of § 54.1-202. If a
consent agreement is offered pursuant to the delegation of authority authorized
by this subsection, it shall not become effective until approved by the
Director.

HISTORY: 1979, c. 408, § 54-1.39; 1988, c. 765; 1989, c. 16; 1991, c. 130;
2002, c. 605; 2005, c. 383.