The Director shall investigate the operation of each emissions inspection station and fleet emissions inspection station as the conditions and circumstances of such operation indicate. He may require the holder of any permit to submit such documentation required concerning the operation of such inspection station. The Director may suspend or revoke and require the forfeiture of any emissions inspection station permit if he finds that such station is not operated in accordance with the provisions of this article and the regulations adopted by the Board or the holder of such permit has failed or refused to submit records or documentation required.If the Director finds that any permit holder has violated any provision of this article or any order or regulation of the Board, after notice or a reasonable attempt to give notice to the permit holder, the Director may, without a hearing, suspend the permit of the emissions inspection station and require the permit holder immediately to cease performing emissions inspections. Within ten days of such action, the Director shall, after reasonable notice to the permit holder as to the time and place thereof, hold a hearing to affirm, modify, amend, or cancel the suspension and the requirement to cease performing emissions inspections. With the consent of the permit holder, the Director may forego such hearing and allow the suspension and requirement to cease performing emissions inspections to stand. If the Director finds that a permit holder is not complying with any such suspension or requirement to cease performing emissions inspections, the Director may proceed in accordance with § 46.2-1187 or § 46.2-1187.2.Nothing in this section shall limit the Director’s authority to proceed against the permit holder directly under § 46.2-1187 or § 46.2-1187.2.

History

1980, c. 469, § 46.1-326.11; 1988, c. 806; 1989, c. 727; 1991, c. 531; 1993, cc. 995, 998; 1993, Sp. Sess., c. 2.