{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/3.2-5416.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/3.2-5416.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/3.2-5416.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/3.2-5416.html"}],"law_id":358057,"edition_id":2,"section_id":358057,"structure_id":51213,"section_number":"3.2-5416","catch_line":"Authority of Commissioner","history":"1970, c. 290, \u00a7 3.1-884.32; 2008, c. 860.","full_text":"The Commissioner shall have power:\n\n1\n\nTo gather and compile information concerning and, to investigate the organization, business, conduct, practices, and management of any person engaged in intrastate commerce, and the relation thereof to other persons; and\n\n2\n\nTo require, by general or special orders, persons engaged in intrastate commerce, or any class of them, or any of them, to file with the Commissioner in such form as the Commissioner may prescribe, annual or special, or both annual and special, reports or answers in writing to specific questions furnishing the Commissioner such information as he may require as to the organization, business, conduct, practices, management, and relation to other persons, of the person filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise, as the Commissioner may prescribe, and shall be filed with the Commissioner within such reasonable period as the Commissioner may prescribe, unless additional time be granted in any case by the Commissioner.\n\t\t\ta. For the purpose of this chapter the Commissioner shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person being investigated or proceeded against, and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person relating to any matter under investigation. The Commissioner may sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence.\n\n\t\t\tb. Such attendance of witnesses, and the production of such documentary evidence, may be required at any designated place of hearing. In case of disobedience to a subpoena, the Commissioner may invoke the aid of an appropriate circuit court to require the attendance and testimony of witnesses and the production of documentary evidence.\n\n\t\t\tc. Any circuit court within the jurisdiction where such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, issue an order requiring such person to appear before the Commissioner or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.\n\n\t\t\td. The Commissioner may order testimony to be taken by deposition in any proceeding or investigation pending under this chapter at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Commissioner and having the power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence before the Commissioner as hereinbefore provided.\n\n\t\t\te. Witnesses summoned before the Commissioner shall be paid the same fees and mileage that are paid witnesses in the courts of the Commonwealth, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for the like services in such courts.\n\n\t\t\tf. No person shall be excused from attending and testifying or from producing books, papers, schedules of charges, contracts, agreements, or other documentary evidence before the Commissioner or in obedience to the subpoena of the Commissioner, whether such subpoena be signed or issued by him or his delegate, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this chapter, or of any amendments thereto, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or it may tend to incriminate him or it or subject him or it to a penalty or forfeiture; but no individual shall be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.\n\n\t\t\tg. Any person that shall refuse to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in his or its power to do so, in obedience to the subpoena of the Commissioner is guilty of a Class 1 misdemeanor.\n\n\t\t\th. Any person that shall willfully make, or cause to be made, any false entry or statement of fact in any report required to be made under this chapter, or that shall willfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any person subject to this chapter or that shall willfully neglect or fail to make or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda, of all facts and transactions appertaining to the business of such person or that shall willfully remove out of the jurisdiction of the Commonwealth, or willfully mutilate, alter or by any other means falsify any documentary evidence of any person subject to this chapter or that shall willfully refuse to submit to the Commissioner, for the purpose of inspection and taking copies, any documentary evidence of any person subject to this chapter in his possession or within his control, is guilty of a Class 6 felony.\n\n\t\t\ti. If any person required by this chapter to file any annual or special report shall fail so to do within the time fixed by the Commissioner for filing the same, and such failure shall continue for 30 days after notice of such default, such person shall forfeit to the Commonwealth the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the treasury of the Commonwealth, and shall be recoverable in a civil suit in the name of the Commonwealth brought in the city or county where the person has his principal office or in any city or county where he shall do business. It shall be the duty of the Attorney General to prosecute for the recovery of such forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the Department.\n\n\t\t\tj. Any officer or employee of the Commonwealth who shall make public any information obtained by the Commissioner, without his authority, unless directed by a court, is guilty of a Class 1 misdemeanor.\n\n","order_by":null,"text":{"0":{"id":1332436,"text":"The Commissioner shall have power:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1332437,"text":"To gather and compile information concerning and, to investigate the organization, business, conduct, practices, and management of any person engaged in intrastate commerce, and the relation thereof to other persons; and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1332438,"text":"To require, by general or special orders, persons engaged in intrastate commerce, or any class of them, or any of them, to file with the Commissioner in such form as the Commissioner may prescribe, annual or special, or both annual and special, reports or answers in writing to specific questions furnishing the Commissioner such information as he may require as to the organization, business, conduct, practices, management, and relation to other persons, of the person filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise, as the Commissioner may prescribe, and shall be filed with the Commissioner within such reasonable period as the Commissioner may prescribe, unless additional time be granted in any case by the Commissioner.\n\t\t\ta. For the purpose of this chapter the Commissioner shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person being investigated or proceeded against, and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person relating to any matter under investigation. The Commissioner may sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence.\t\t\tb. Such attendance of witnesses, and the production of such documentary evidence, may be required at any designated place of hearing. In case of disobedience to a subpoena, the Commissioner may invoke the aid of an appropriate circuit court to require the attendance and testimony of witnesses and the production of documentary evidence.\t\t\tc. Any circuit court within the jurisdiction where such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, issue an order requiring such person to appear before the Commissioner or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.\t\t\td. The Commissioner may order testimony to be taken by deposition in any proceeding or investigation pending under this chapter at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Commissioner and having the power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence before the Commissioner as hereinbefore provided.\t\t\te. Witnesses summoned before the Commissioner shall be paid the same fees and mileage that are paid witnesses in the courts of the Commonwealth, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for the like services in such courts.\t\t\tf. No person shall be excused from attending and testifying or from producing books, papers, schedules of charges, contracts, agreements, or other documentary evidence before the Commissioner or in obedience to the subpoena of the Commissioner, whether such subpoena be signed or issued by him or his delegate, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this chapter, or of any amendments thereto, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or it may tend to incriminate him or it or subject him or it to a penalty or forfeiture; but no individual shall be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.\t\t\tg. Any person that shall refuse to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in his or its power to do so, in obedience to the subpoena of the Commissioner is guilty of a Class 1 misdemeanor.\t\t\th. Any person that shall willfully make, or cause to be made, any false entry or statement of fact in any report required to be made under this chapter, or that shall willfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any person subject to this chapter or that shall willfully neglect or fail to make or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda, of all facts and transactions appertaining to the business of such person or that shall willfully remove out of the jurisdiction of the Commonwealth, or willfully mutilate, alter or by any other means falsify any documentary evidence of any person subject to this chapter or that shall willfully refuse to submit to the Commissioner, for the purpose of inspection and taking copies, any documentary evidence of any person subject to this chapter in his possession or within his control, is guilty of a Class 6 felony.\t\t\ti. If any person required by this chapter to file any annual or special report shall fail so to do within the time fixed by the Commissioner for filing the same, and such failure shall continue for 30 days after notice of such default, such person shall forfeit to the Commonwealth the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the treasury of the Commonwealth, and shall be recoverable in a civil suit in the name of the Commonwealth brought in the city or county where the person has his principal office or in any city or county where he shall do business. It shall be the duty of the Attorney General to prosecute for the recovery of such forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the Department.\t\t\tj. Any officer or employee of the Commonwealth who shall make public any information obtained by the Commissioner, without his authority, unless directed by a court, is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":51213,"edition_id":2,"name":"Enforcement and Penalties","identifier":"3","label":"article","depth":4,"order_by":3,"parent_id":51210,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 02:39:14","date_modified":"2026-08-02 12:27:41","permalink":{"id":1424661,"object_type":"structure","relational_id":51213,"identifier":"3","token":"3.2\/IV\/54\/3","url":"\/3.2\/IV\/54\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51210,"edition_id":2,"name":"Slaughterhouses, Meat, and Dressed Poultry","identifier":"54","label":"chapter","depth":3,"order_by":2,"parent_id":51196,"metadata":{"child_laws":22,"child_structures":4},"date_created":"2026-08-02 02:39:13","date_modified":"2026-08-02 12:27:41","permalink":{"id":1424615,"object_type":"structure","relational_id":51210,"identifier":"54","token":"3.2\/IV\/54","url":"\/3.2\/IV\/54\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51196,"edition_id":2,"name":"Food and Drink; Weights and Measures","identifier":"IV","label":"subtitle","depth":2,"order_by":4,"parent_id":51103,"metadata":{"child_laws":240,"child_structures":23},"date_created":"2026-08-02 02:38:54","date_modified":"2026-08-02 12:27:40","permalink":{"id":1424127,"object_type":"structure","relational_id":51196,"identifier":"IV","token":"3.2\/IV","url":"\/3.2\/IV\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51103,"edition_id":2,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":5,"parent_id":null,"metadata":{"child_laws":1194,"child_structures":151},"date_created":"2026-08-02 02:37:33","date_modified":"2026-08-02 12:27:27","permalink":{"id":1420941,"object_type":"structure","relational_id":51103,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":358051,"structure_id":51213,"section_number":"3.2-5410","catch_line":"Prohibitions of bribery or gifts to state employees; assaults or interference with such employees","url":"\/3.2-5410\/","token":"3.2\/IV\/54\/3\/3.2-5410","metadata":false},{"id":358052,"structure_id":51213,"section_number":"3.2-5411","catch_line":"Limitation of inspection to plants preparing products for human food","url":"\/3.2-5411\/","token":"3.2\/IV\/54\/3\/3.2-5411","metadata":false},{"id":358053,"structure_id":51213,"section_number":"3.2-5412","catch_line":"Inspection of products placed in container; right of access to plants at any time","url":"\/3.2-5412\/","token":"3.2\/IV\/54\/3\/3.2-5412","metadata":false},{"id":358054,"structure_id":51213,"section_number":"3.2-5413","catch_line":"Administrative detention of violative animals and products","url":"\/3.2-5413\/","token":"3.2\/IV\/54\/3\/3.2-5413","metadata":false},{"id":358055,"structure_id":51213,"section_number":"3.2-5414","catch_line":"Seizure and condemnation provisions","url":"\/3.2-5414\/","token":"3.2\/IV\/54\/3\/3.2-5414","metadata":false},{"id":358056,"structure_id":51213,"section_number":"3.2-5415","catch_line":"General criminal penalties; warning letter","url":"\/3.2-5415\/","token":"3.2\/IV\/54\/3\/3.2-5415","metadata":false},{"id":358057,"structure_id":51213,"section_number":"3.2-5416","catch_line":"Authority of Commissioner","url":"\/3.2-5416\/","token":"3.2\/IV\/54\/3\/3.2-5416","metadata":false},{"id":358058,"structure_id":51213,"section_number":"3.2-5417","catch_line":"Power of injunction","url":"\/3.2-5417\/","token":"3.2\/IV\/54\/3\/3.2-5417","metadata":false},{"id":358059,"structure_id":51213,"section_number":"3.2-5418","catch_line":"Limitation on applicability of chapter to matters regulated under federal acts","url":"\/3.2-5418\/","token":"3.2\/IV\/54\/3\/3.2-5418","metadata":false}],"previous_section":{"id":358056,"structure_id":51213,"section_number":"3.2-5415","catch_line":"General criminal penalties; warning letter","url":"\/3.2-5415\/","token":"3.2\/IV\/54\/3\/3.2-5415","metadata":false},"next_section":{"id":358058,"structure_id":51213,"section_number":"3.2-5417","catch_line":"Power of injunction","url":"\/3.2-5417\/","token":"3.2\/IV\/54\/3\/3.2-5417","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5416\/","history_text":"<p>This law was first created in 1970. The record of its establishment is cataloged in chapter 290 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1970 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0860\">860<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1424687,"object_type":"law","relational_id":358057,"identifier":"3.2-5416","token":"3.2\/IV\/54\/3\/3.2-5416","url":"\/3.2-5416\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/3.2-5416\/","token":"3.2\/IV\/54\/3\/3.2-5416","dublin_core":{"Title":"Authority of Commissioner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5416","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The <span class=\"dictionary\">Commissioner<\/span> shall have power:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> To gather and compile information concerning and, to investigate the organization, business, conduct, practices, and management of any person engaged in intrastate commerce, and the relation thereof to other persons; and <a id=\"paragraph-1332437\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5416\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> To require, by general or special <span class=\"dictionary\">orders<\/span>, persons engaged in intrastate commerce, or any class of them, or any of them, to file with the <span class=\"dictionary\">Commissioner<\/span> in such form as the <span class=\"dictionary\">Commissioner<\/span> may prescribe, annual or special, or both annual and special, reports or answers in writing to specific questions furnishing the <span class=\"dictionary\">Commissioner<\/span> such information as he may require as to the organization, business, conduct, practices, management, and relation to other persons, of the person filing such reports or answers in writing. Such reports and answers shall be made under <span class=\"dictionary\">oath<\/span>, or otherwise, as the <span class=\"dictionary\">Commissioner<\/span> may prescribe, and shall be filed with the <span class=\"dictionary\">Commissioner<\/span> within such reasonable period as the <span class=\"dictionary\">Commissioner<\/span> may prescribe, unless additional time be granted in any case by the <span class=\"dictionary\">Commissioner<\/span>.\n\t\t\ta. For the purpose of this chapter the <span class=\"dictionary\">Commissioner<\/span> shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary <span class=\"dictionary\">evidence<\/span> of any person being investigated or proceeded against, and may require by <span class=\"dictionary\">subpoena<\/span> the attendance and <span class=\"dictionary\">testimony<\/span> of witnesses and the production of all documentary <span class=\"dictionary\">evidence<\/span> of any person relating to any matter under investigation. The <span class=\"dictionary\">Commissioner<\/span> may sign <span class=\"dictionary\">subpoenas<\/span> and may administer <span class=\"dictionary\">oaths<\/span> and affirmations, examine witnesses, and receive <span class=\"dictionary\">evidence<\/span>.<br \/><br \/>\t\t\tb. Such attendance of witnesses, and the production of such documentary <span class=\"dictionary\">evidence<\/span>, may be required at any designated place of <span class=\"dictionary\">hearing<\/span>. In case of disobedience to a <span class=\"dictionary\">subpoena<\/span>, the <span class=\"dictionary\">Commissioner<\/span> may invoke the aid of an appropriate <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> to require the attendance and <span class=\"dictionary\">testimony<\/span> of witnesses and the production of documentary <span class=\"dictionary\">evidence<\/span>.<br \/><br \/>\t\t\tc. Any <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> within the <span class=\"dictionary\">jurisdiction<\/span> where such inquiry is carried on may, in case of contumacy or refusal to obey a <span class=\"dictionary\">subpoena<\/span> issued to any person, <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">order<\/span> requiring such person to appear before the <span class=\"dictionary\">Commissioner<\/span> or to produce documentary <span class=\"dictionary\">evidence<\/span> if so ordered, or to give <span class=\"dictionary\">evidence<\/span> touching the matter in question; and any failure to obey such <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">court<\/span> may be punished by such <span class=\"dictionary\">court<\/span> as a <span class=\"dictionary\">contempt<\/span> thereof.<br \/><br \/>\t\t\td. The <span class=\"dictionary\">Commissioner<\/span> may <span class=\"dictionary\">order<\/span> <span class=\"dictionary\">testimony<\/span> to be taken by <span class=\"dictionary\">deposition<\/span> in any proceeding or investigation pending under this chapter at any stage of such proceeding or investigation. Such <span class=\"dictionary\">depositions<\/span> may be taken before any person designated by the <span class=\"dictionary\">Commissioner<\/span> and having the power to administer <span class=\"dictionary\">oaths<\/span>. Such <span class=\"dictionary\">testimony<\/span> shall be reduced to writing by the person taking the <span class=\"dictionary\">deposition<\/span>, or under his direction and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary <span class=\"dictionary\">evidence<\/span> before the <span class=\"dictionary\">Commissioner<\/span> as hereinbefore provided.<br \/><br \/>\t\t\te. Witnesses summoned before the <span class=\"dictionary\">Commissioner<\/span> shall be paid the same fees and mileage that are paid witnesses in the <span class=\"dictionary\">courts<\/span> of the Commonwealth, and witnesses whose <span class=\"dictionary\">depositions<\/span> are taken and the persons taking the same shall severally be entitled to the same fees as are paid for the like services in such <span class=\"dictionary\">courts<\/span>.<br \/><br \/>\t\t\tf. No person shall be excused from attending and testifying or from producing books, papers, <span class=\"dictionary\">schedules<\/span> of charges, <span class=\"dictionary\">contracts<\/span>, agreements, or other documentary <span class=\"dictionary\">evidence<\/span> before the <span class=\"dictionary\">Commissioner<\/span> or in obedience to the <span class=\"dictionary\">subpoena<\/span> of the <span class=\"dictionary\">Commissioner<\/span>, whether such <span class=\"dictionary\">subpoena<\/span> be signed or issued by him or his delegate, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this chapter, or of any amendments thereto, on the ground or for the reason that the <span class=\"dictionary\">testimony<\/span> or <span class=\"dictionary\">evidence<\/span>, documentary or otherwise, required of him or it may tend to <span class=\"dictionary\">incriminate<\/span> him or it or subject him or it to a <span class=\"dictionary\">penalty<\/span> or forfeiture; but no individual shall be prosecuted or subjected to a <span class=\"dictionary\">penalty<\/span> or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his <span class=\"dictionary\">privilege<\/span> against self-incrimination, to testify or produce <span class=\"dictionary\">evidence<\/span>, documentary or otherwise, except that any individual so testifying shall not be exempt from <span class=\"dictionary\">prosecution<\/span> and punishment for <span class=\"dictionary\">perjury<\/span> committed in so testifying.<br \/><br \/>\t\t\tg. Any person that shall refuse to attend and testify or to answer any lawful inquiry, or to produce documentary <span class=\"dictionary\">evidence<\/span>, if in his or its power to do so, in obedience to the <span class=\"dictionary\">subpoena<\/span> of the <span class=\"dictionary\">Commissioner<\/span> is guilty of a Class 1 <span class=\"dictionary\">misdemeanor<\/span>.<br \/><br \/>\t\t\th. Any person that shall willfully make, or cause to be made, any false entry or statement of <span class=\"dictionary\">fact<\/span> in any report required to be made under this chapter, or that shall willfully make, or cause to be made, any false entry in any account, record, or <span class=\"dictionary\">memorandum<\/span> kept by any person subject to this chapter or that shall willfully neglect or fail to make or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda, of all <span class=\"dictionary\">facts<\/span> and transactions appertaining to the business of such person or that shall willfully remove out of the <span class=\"dictionary\">jurisdiction<\/span> of the Commonwealth, or willfully mutilate, alter or by any other means falsify any documentary <span class=\"dictionary\">evidence<\/span> of any person subject to this chapter or that shall willfully refuse to submit to the <span class=\"dictionary\">Commissioner<\/span>, for the purpose of inspection and taking copies, any documentary <span class=\"dictionary\">evidence<\/span> of any person subject to this chapter in his <span class=\"dictionary\">possession<\/span> or within his control, is guilty of a Class 6 <span class=\"dictionary\">felony<\/span>.<br \/><br \/>\t\t\ti. If any person required by this chapter to file any annual or special report shall fail so to do within the time fixed by the <span class=\"dictionary\">Commissioner<\/span> for filing the same, and such failure shall continue for 30 days after notice of such <span class=\"dictionary\">default<\/span>, such person shall forfeit to the Commonwealth the sum of $100 for each and every day of the <span class=\"dictionary\">continuance<\/span> of such failure, which forfeiture shall be payable into the treasury of the Commonwealth, and shall be recoverable in a civil suit in the name of the Commonwealth brought in the city or county where the person has his principal office or in any city or county where he shall do business. It shall be the duty of the <span class=\"dictionary\">Attorney General<\/span> to <span class=\"dictionary\">prosecute<\/span> for the recovery of such forfeitures. The costs and expenses of such <span class=\"dictionary\">prosecution<\/span> shall be paid out of the appropriation for the expenses of the <span class=\"dictionary\">Department<\/span>.<br \/><br \/>\t\t\tj. Any officer or employee of the Commonwealth who shall make public any information obtained by the <span class=\"dictionary\">Commissioner<\/span>, without his authority, unless directed by a <span class=\"dictionary\">court<\/span>, is guilty of a Class 1 <span class=\"dictionary\">misdemeanor<\/span>. <a id=\"paragraph-1332438\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5416\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAUTHORITY OF COMMISSIONER (\u00a7 3.2-5416)\n\nThe Commissioner shall have power:\n\n1. To gather and compile information concerning and, to investigate the\norganization, business, conduct, practices, and management of any person engaged\nin intrastate commerce, and the relation thereof to other persons; and\n\n2. To require, by general or special orders, persons engaged in intrastate\ncommerce, or any class of them, or any of them, to file with the Commissioner in\nsuch form as the Commissioner may prescribe, annual or special, or both annual\nand special, reports or answers in writing to specific questions furnishing the\nCommissioner such information as he may require as to the organization,\nbusiness, conduct, practices, management, and relation to other persons, of the\nperson filing such reports or answers in writing. Such reports and answers shall\nbe made under oath, or otherwise, as the Commissioner may prescribe, and shall\nbe filed with the Commissioner within such reasonable period as the Commissioner\nmay prescribe, unless additional time be granted in any case by the\nCommissioner.\n\t\t\ta. For the purpose of this chapter the Commissioner shall at all reasonable\ntimes have access to, for the purpose of examination, and the right to copy any\ndocumentary evidence of any person being investigated or proceeded against, and\nmay require by subpoena the attendance and testimony of witnesses and the\nproduction of all documentary evidence of any person relating to any matter\nunder investigation. The Commissioner may sign subpoenas and may administer\noaths and affirmations, examine witnesses, and receive evidence.\t\t\tb. Such\nattendance of witnesses, and the production of such documentary evidence, may be\nrequired at any designated place of hearing. In case of disobedience to a\nsubpoena, the Commissioner may invoke the aid of an appropriate circuit court to\nrequire the attendance and testimony of witnesses and the production of\ndocumentary evidence.\t\t\tc. Any circuit court within the jurisdiction where such\ninquiry is carried on may, in case of contumacy or refusal to obey a subpoena\nissued to any person, issue an order requiring such person to appear before the\nCommissioner or to produce documentary evidence if so ordered, or to give\nevidence touching the matter in question; and any failure to obey such order of\nthe court may be punished by such court as a contempt thereof.\t\t\td. The\nCommissioner may order testimony to be taken by deposition in any proceeding or\ninvestigation pending under this chapter at any stage of such proceeding or\ninvestigation. Such depositions may be taken before any person designated by the\nCommissioner and having the power to administer oaths. Such testimony shall be\nreduced to writing by the person taking the deposition, or under his direction\nand shall then be subscribed by the deponent. Any person may be compelled to\nappear and depose and to produce documentary evidence before the Commissioner as\nhereinbefore provided.\t\t\te. Witnesses summoned before the Commissioner shall be\npaid the same fees and mileage that are paid witnesses in the courts of the\nCommonwealth, and witnesses whose depositions are taken and the persons taking\nthe same shall severally be entitled to the same fees as are paid for the like\nservices in such courts.\t\t\tf. No person shall be excused from attending and\ntestifying or from producing books, papers, schedules of charges, contracts,\nagreements, or other documentary evidence before the Commissioner or in\nobedience to the subpoena of the Commissioner, whether such subpoena be signed\nor issued by him or his delegate, or in any cause or proceeding, criminal or\notherwise, based upon or growing out of any alleged violation of this chapter,\nor of any amendments thereto, on the ground or for the reason that the testimony\nor evidence, documentary or otherwise, required of him or it may tend to\nincriminate him or it or subject him or it to a penalty or forfeiture; but no\nindividual shall be prosecuted or subjected to a penalty or forfeiture for or on\naccount of any transaction, matter, or thing concerning which he is compelled,\nafter having claimed his privilege against self-incrimination, to testify or\nproduce evidence, documentary or otherwise, except that any individual so\ntestifying shall not be exempt from prosecution and punishment for perjury\ncommitted in so testifying.\t\t\tg. Any person that shall refuse to attend and\ntestify or to answer any lawful inquiry, or to produce documentary evidence, if\nin his or its power to do so, in obedience to the subpoena of the Commissioner\nis guilty of a Class 1 misdemeanor.\t\t\th. Any person that shall willfully make,\nor cause to be made, any false entry or statement of fact in any report required\nto be made under this chapter, or that shall willfully make, or cause to be\nmade, any false entry in any account, record, or memorandum kept by any person\nsubject to this chapter or that shall willfully neglect or fail to make or to\ncause to be made, full, true, and correct entries in such accounts, records, or\nmemoranda, of all facts and transactions appertaining to the business of such\nperson or that shall willfully remove out of the jurisdiction of the\nCommonwealth, or willfully mutilate, alter or by any other means falsify any\ndocumentary evidence of any person subject to this chapter or that shall\nwillfully refuse to submit to the Commissioner, for the purpose of inspection\nand taking copies, any documentary evidence of any person subject to this\nchapter in his possession or within his control, is guilty of a Class 6\nfelony.\t\t\ti. If any person required by this chapter to file any annual or\nspecial report shall fail so to do within the time fixed by the Commissioner for\nfiling the same, and such failure shall continue for 30 days after notice of\nsuch default, such person shall forfeit to the Commonwealth the sum of $100 for\neach and every day of the continuance of such failure, which forfeiture shall be\npayable into the treasury of the Commonwealth, and shall be recoverable in a\ncivil suit in the name of the Commonwealth brought in the city or county where\nthe person has his principal office or in any city or county where he shall do\nbusiness. It shall be the duty of the Attorney General to prosecute for the\nrecovery of such forfeitures. The costs and expenses of such prosecution shall\nbe paid out of the appropriation for the expenses of the Department.\t\t\tj. Any\nofficer or employee of the Commonwealth who shall make public any information\nobtained by the Commissioner, without his authority, unless directed by a court,\nis guilty of a Class 1 misdemeanor.\n\nHISTORY: 1970, c. 290, \u00a7 3.1-884.32; 2008, c. 860.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}