Action | CIC Ombudsman Regulations |
Stage | Proposed |
Comment Period | Ended on 3/18/2011 |
Add (underlined), following last sentence: The determination of the director shall not be binding upon the complainant or the association that made the final adverse decision. However, if it appears that any governing board has engaged, is engaging, or is about to engage in any act or practice in violation of Chapters 4.2, 21, 24, or 26 of Title 55, or any of the Board's regulations or orders, the Board without prior administrative proceedings may issue a cease and desist order or bring suit in the appropriate court to enjoin that act or practice or for other appropriate relief.
Rationale: To enhance the effectiveness of the association complaint remediation procedure, it should be made clear that non-compliance with the director's finding of a violation, while technically non-binding, does not excape exposure to the remedial actions available in 54.1-2351 / 2352: General powers and duties of [CIC] Board concerning associations / Cease and desist orders, as well as 18VAC48-50-190.A.1 Prohibited acts.