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Virginia Statutes, Title 40.1

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Virginia/Statutes

← All Virginia coverage

Title 40.1, Labor and Employment

12 chapters · 210 sections in this title.

All chapters in Title 40.1210 Ch 3, Protection of Employees.82 Ch 4, Labor Unions, Strikes, Etc.31 Ch 5, Child Labor.29 Ch 3.1, Boiler and Pressure Vessel Safety Act.25 Ch 3.3, Virginia Asbestos Neshap Act.19 Ch 1, Department of Labor and Industry.17 Ch 9, Industrial Hygiene and Safety Profes…4 Ch 3.2, Asbestos Notification.3

210 sections·Filtered byTitle 40.1✕

Va. Code Ann. § 40.1-51.32 Owners to furnish plans, specifications and information
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Every owner which the Commissioner has reason to believe is causing, or may be about to cause, an asbestos NESHAP problem shall on request of the Commissioner furnish such plans, specifications and information as may be required by the Commissioner in the discharge of his duties …
Va. Code Ann. § 40.1-51.33 Protection of trade secrets
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Any information, except emissions data, reported to or otherwise obtained by the Commissioner which contains or might reveal a trade secret shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this chapter or the fed…
Va. Code Ann. § 40.1-51.34 Right of entry
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Whenever it is necessary for the purposes of this chapter, the Commissioner may at reasonable times enter any establishment or upon any property, public or private, subject to federal security requirements, to obtain information or conduct surveys or investigations.
Va. Code Ann. § 40.1-51.35 Compelling compliance with regulations and orders of Board; penalty for violations

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A. Any owner violating or failing, neglecting or refusing to obey any asbestos NESHAP regulation or order of the Commissioner may be compelled to comply by injunction, mandamus or other appropriate remedy. B. Without limiting the remedies which may be obtained under this section,…

Va. Code Ann. § 40.1-51.36 Judicial review of regulations of Board

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The validity of any regulation may be determined through judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

Va. Code Ann. § 40.1-51.37 Appeal from decision of Board

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Any owner aggrieved by a final decision of the Board under § 40.1-51.30 or of the Commissioner under subdivision 4 of § 40.1-51.26 is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

Va. Code Ann. § 40.1-51.38 Appeal to Court of Appeals

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The Commonwealth or any party aggrieved by any final decision of the judge shall have, regardless of the amount involved, the right to appeal to the Court of Appeals. The procedure shall be the same as that provided by law concerning appeals and supersedeas.

Va. Code Ann. § 40.1-51.39 Penalties; chapter not to affect right to relief or to maintain action

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A. Any owner violating any provision of this chapter, Board regulation, or order of the Commissioner shall upon conviction be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 for each violation within the discretion of the court. Each day of continue…

Va. Code Ann. § 40.1-51.40 Duty of attorney for the Commonwealth

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It shall be the duty of every attorney for the Commonwealth to whom the Commissioner has reported any violation of this chapter or any regulation or order of the Board, to cause proceedings to be prosecuted without delay for the fines and penalties in such cases.

Va. Code Ann. § 40.1-51.41 Local ordinances

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A. Existing local ordinances adopted prior to July 1, 1972, shall continue in force; however, in the event of a conflict between a Board regulation, promulgated pursuant to this chapter, and a local ordinance, the Board regulation shall govern, except when the conflicting local o…