CODE OF VIRGINIA

NOTICES OF VIOLATIONS (§ 45.1-161.90)

A. If the Director, the Chief, or a mine inspector has reasonable cause to
believe that a violation of the Act has occurred, he shall with reasonable
promptness issue a notice of violation to the person who is responsible for the
violation. Each notice of violation shall be in writing and shall describe with
particularity the nature of the violation or violations, including a reference
to the provision of this Act or the appropriate regulations violated, and shall
include an order of abatement and fix a reasonable time for abatement of the
violation.

B. A copy of the notice of violation shall be delivered to the operator, his
agent, or mine foreman.

C. Upon a finding by the mine inspector of completion of the action required to
abate the violation, the Director, the Chief, or the mine inspector shall issue
a notice of correction, a copy of which shall be delivered as provided in
subsection B.

D. The notice of violation shall be deemed to be the final order of the
Department and not subject to review by any court or agency unless, within
twenty days following its issuance, the person to whom the notice of violation
has been issued appeals its issuance by notifying the Department in writing that
he intends to contest its issuance. The Department shall conduct informal
conference or consultation proceedings, presided over by the Chief, pursuant to
§ 2.2-4019, unless the person and the Department agree to waive such a
conference or proceeding to go directly to a formal hearing. If such a
conference or proceeding has been waived, or if it has failed to dispose of the
case by consent, the Department shall conduct a formal hearing pursuant to §
2.2-4020. The formal hearing shall be presided over by a hearing officer
pursuant to § 2.2-4024, who shall recommend findings and an initial decision,
which shall be subject to review and approval by the Director. Any party
aggrieved by and claiming unlawfulness of the decision shall be entitled to
judicial review pursuant to Article 5 (§ 2.2-4025 et seq.) of the
Administrative Process Act.

E. If it shall be finally determined that a notice of violation was not issued
in accordance with the provisions of this section, the notice of violation shall
be vacated, and the improperly issued notice of violation shall not be used to
the detriment of the person or the operator to whom it was issued.

HISTORY: Code 1950, §§ 45-4.1, 45-9, 45-12, 45-74; 1954, c. 191; 1966, c. 594,
§ 45.1-5; 1976, c. 598; 1978, c. 120; 1984, c. 236; 1985, c. 448; 1987, c. 470;
1990, c. 963; 1994, c. 28; 1997, c. 390.