46.2-2825 - Reprimand, revocation, and suspension.

§ 46.2-2825. Reprimand, revocation, and suspension.

The Board may revoke or suspend a license or reprimand the licensee for anyof the following causes:

1. Fraud or deceit in the offering or delivering of towing and recoveryservices;

2. Conducting his business or offering services in such a manner as toendanger the health and welfare of the public;

3. Use of alcohol or drugs to the extent such use renders him unsafe toprovide towing and recovery services;

4. Neglecting or refusing to display his license as an operator in aconspicuous place in the principal office in which he operates;

5. Neglecting to maintain on record at the licensed operator's principaloffice a list of all drivers in the employ of the operator;

6. Obtaining any fee by fraud or misrepresentation;

7. Advertising that directly or indirectly deceives, misleads, or defraudsthe public;

8. Advertising or offering services under a name other than one's own name asset forth on the operator's license;

9. Failure of the licensed operator to accept for payment cash, insurancecompany check, certified check, money order, at least one of two commonlyused, nationally recognized credit cards, or additional methods of paymentapproved by the Board, except that those licensed operators who have anannual gross income of less than $10,000 derived from the performance oftowing and recovery services shall not be required to accept credit cards,other than when providing police-requested towing as defined in § 46.2-1217,but shall be required to accept personal checks;

10. Failure to display at the licensed operator's principal office in aconspicuous place a listing of all towing, recovery, and processing fees forvehicles;

11. Failure to have readily available, at the customer's request, the maximumfees normally charged by the licensed operator for basic services for towingand initial hookup of vehicles;

12. Failure to provide at the consumer's request the phone number for whichconsumer complaints may be filed with the Board;

13. Knowingly charging excessive fees for towing, storage, or administrativeservices or charging fees for services not rendered;

14. Failure to maintain all towing records, which shall include itemizedfees, for a period of one year from the date of service;

15. Willfully invoicing for payment any services not stipulated or otherwiseincorporated in a contract for services rendered between the licensedoperator and any locality or political subdivision of the Commonwealth;

16. To employ any driver required to register as a sex offender as providedin § 9.1-901;

17. Removing or towing a trespassing vehicle, as provided in § 46.2-1231, ora vehicle towed or removed at the request of a law-enforcement officer to anylocation outside the Commonwealth;

18. To refuse at the operator's place of business to make change, up to $100,for the owner of the vehicle towed without the owner's consent if the ownerpays in cash for charges for towing and storage of the vehicle;

19. Violating other standards of conduct as may be adopted by the Boardthrough regulations;

20. Violating, assisting, inducing, or cooperating with others in violatingany provisions of law related to the offering or delivery of towing andrecovery services, including the provisions of this chapter, or of anyregulations of the Board; or

21. Failure to provide the owner of a stolen vehicle written notice of hisright under law to be reimbursed for towing and storage of his vehicle out ofthe state treasury from the appropriation for criminal charges as required in§ 46.2-1209.

(2006, cc. 874, 891; 2009, c. 806.)