CODE OF VIRGINIA

TIME FOR FILING COMPLAINTS AGAINST REGULANTS (§ 54.1-307.1)

A. Except as otherwise provided in § 36-96.9 and subsections B and C of this
section, any complaint against a regulant for any violation of statutes or
regulations pertaining to the regulatory boards within Subtitle II (§ 54.1-200
et seq.) of this title or any of the programs which may be in another title of
the Code for which any regulatory board within Subtitle II has enforcement
responsibility, in order to be investigated by the Department, shall be made in
writing, or otherwise made in accordance with Department procedures, and
received by the Department within three years of the act, omission or occurrence
giving rise to the violation. Public information obtained from any source by the
Director or agency staff may serve as the basis for a written complaint against
a regulant.

B. However, where a regulant has materially and willfully misrepresented,
concealed or omitted any information and the information so misrepresented,
concealed or omitted is material to the establishment of the violation, the
complaint may be made at any time within two years after discovery of the
misrepresentation, concealment or omission.

C. In cases where criminal charges have been filed involving matters that, if
found to be true, would also constitute a violation of the regulations or laws
of the regulant’s profession enforced by the Department, an investigation
may be initiated by the Department at any time within two years following the
date such criminal charges are filed.

D. Nothing in this section shall be construed to require the filing of a
complaint if the alleged violation of the statute or regulation is discovered
during the conduct of an inspection authorized by law, and the acts, omissions,
or conditions constituting the alleged violations are witnessed by a sworn
investigator appointed by the Director.

HISTORY: 1994, c. 581; 2004, c. 297; 2005, c. 383.