{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1015.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1015.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1015.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1015.html"}],"law_id":76504,"edition_id":1,"section_id":76504,"structure_id":13541,"section_number":"45.2-1015","catch_line":" Decision of Director upon permit application; hearing; appeal","history":"1979, c. 290, \u00a7 45.1-240; 1983, c. 92; 1986, c. 615; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe Director shall notify each applicant for a permit within a reasonable time, as set forth in regulations, taking into account the time needed for proper investigation of the site, the complexity of the permit application, and written objections that have been filed, of his written decision to approve or disapprove the application, in whole or in part, except that if an informal hearing has been held pursuant to § 45.2-1014, the Director shall issue to the applicant and the parties to the hearing his written decision within 60 days of such hearing.B\n\nIf such application is approved, a permit shall be issued. If such application is disapproved, specific reasons shall be given in the notification. Within 30 days after the applicant is notified of the final decision of the Director on such permit application, the applicant, or any person with an interest that is or might be adversely affected, may request a hearing on the reasons for the final determination. The Director shall hold a formal adjudicatory hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) and within 30 days thereafter shall issue to the applicant and every person who participated in the hearing the written decision of the Director granting or denying the permit in whole or in part and stating the reasons therefor. No person who presided at an informal hearing under § 45.2-1014 shall preside at the formal adjudicatory hearing or participate in the decision therein or any administrative appeal therefrom.C\n\nWhere a hearing is requested pursuant to subsection B, the Director, under such conditions as he prescribes, may grant temporary relief pending final determination of the proceedings if:1\n\nAll parties to the proceeding have been notified and given an opportunity to be heard on any request for temporary relief;2\n\nThe person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and3\n\nSuch relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.D\n\nAny applicant or person who has an interest that is or might be adversely affected and has participated in the formal hearing as an objector who is aggrieved by the decision of the Director or by the failure of the Director to act within the time limits specified in this chapter has a right to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","order_by":null,"text":{"0":{"id":274604,"text":"The Director shall notify each applicant for a permit within a reasonable time, as set forth in regulations, taking into account the time needed for proper investigation of the site, the complexity of the permit application, and written objections that have been filed, of his written decision to approve or disapprove the application, in whole or in part, except that if an informal hearing has been held pursuant to § 45.2-1014, the Director shall issue to the applicant and the parties to the hearing his written decision within 60 days of such hearing.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":274605,"text":"If such application is approved, a permit shall be issued. If such application is disapproved, specific reasons shall be given in the notification. Within 30 days after the applicant is notified of the final decision of the Director on such permit application, the applicant, or any person with an interest that is or might be adversely affected, may request a hearing on the reasons for the final determination. The Director shall hold a formal adjudicatory hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) and within 30 days thereafter shall issue to the applicant and every person who participated in the hearing the written decision of the Director granting or denying the permit in whole or in part and stating the reasons therefor. No person who presided at an informal hearing under § 45.2-1014 shall preside at the formal adjudicatory hearing or participate in the decision therein or any administrative appeal therefrom.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":274606,"text":"Where a hearing is requested pursuant to subsection B, the Director, under such conditions as he prescribes, may grant temporary relief pending final determination of the proceedings if:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":274607,"text":"All parties to the proceeding have been notified and given an opportunity to be heard on any request for temporary relief;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":274608,"text":"The person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":274609,"text":"Such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":274610,"text":"Any applicant or person who has an interest that is or might be adversely affected and has participated in the formal hearing as an objector who is aggrieved by the decision of the Director or by the failure of the Director to act within the time limits specified in this chapter has a right to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3"}},"ancestry":[{"id":13541,"edition_id":1,"name":"Regulation of Mining Activity","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":13540,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223733,"object_type":"structure","relational_id":13541,"identifier":"2","token":"45.2\/II\/C\/10\/2","url":"\/45.2\/II\/C\/10\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13540,"edition_id":1,"name":"Virginia Coal Surface Mining Control and Reclamation Act of 1979","identifier":"10","label":"chapter","depth":4,"order_by":1,"parent_id":13539,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223697,"object_type":"structure","relational_id":13540,"identifier":"10","token":"45.2\/II\/C\/10","url":"\/45.2\/II\/C\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13539,"edition_id":1,"name":"Surface Coal Mines","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223695,"object_type":"structure","relational_id":13539,"identifier":"C","token":"45.2\/II\/C","url":"\/45.2\/II\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12985,"edition_id":1,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":222647,"object_type":"structure","relational_id":12985,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59248,"structure_id":13541,"section_number":"45.2-1008","catch_line":" Coal exploration operations","url":"\/45.2-1008\/","token":"45.2\/II\/C\/10\/2\/45.2-1008","metadata":false},{"id":68698,"structure_id":13541,"section_number":"45.2-1009","catch_line":" Permit required for coal surface mining operation; term; transfer, etc","url":"\/45.2-1009\/","token":"45.2\/II\/C\/10\/2\/45.2-1009","metadata":false},{"id":63876,"structure_id":13541,"section_number":"45.2-1010","catch_line":" Form and contents of permit application; fee","url":"\/45.2-1010\/","token":"45.2\/II\/C\/10\/2\/45.2-1010","metadata":false},{"id":69681,"structure_id":13541,"section_number":"45.2-1011","catch_line":" Operation and reclamation plans","url":"\/45.2-1011\/","token":"45.2\/II\/C\/10\/2\/45.2-1011","metadata":false},{"id":54700,"structure_id":13541,"section_number":"45.2-1012","catch_line":" Revision of permits","url":"\/45.2-1012\/","token":"45.2\/II\/C\/10\/2\/45.2-1012","metadata":false},{"id":80707,"structure_id":13541,"section_number":"45.2-1013","catch_line":" Approval or denial of permit","url":"\/45.2-1013\/","token":"45.2\/II\/C\/10\/2\/45.2-1013","metadata":false},{"id":81130,"structure_id":13541,"section_number":"45.2-1014","catch_line":" Public participation in process of issuing or revising permits","url":"\/45.2-1014\/","token":"45.2\/II\/C\/10\/2\/45.2-1014","metadata":false},{"id":76504,"structure_id":13541,"section_number":"45.2-1015","catch_line":" Decision of Director upon permit application; hearing; appeal","url":"\/45.2-1015\/","token":"45.2\/II\/C\/10\/2\/45.2-1015","metadata":false},{"id":64109,"structure_id":13541,"section_number":"45.2-1016","catch_line":" Performance bonds","url":"\/45.2-1016\/","token":"45.2\/II\/C\/10\/2\/45.2-1016","metadata":false},{"id":74259,"structure_id":13541,"section_number":"45.2-1017","catch_line":" Performance standards","url":"\/45.2-1017\/","token":"45.2\/II\/C\/10\/2\/45.2-1017","metadata":false},{"id":84028,"structure_id":13541,"section_number":"45.2-1018","catch_line":" Surface effects of underground coal mining operations","url":"\/45.2-1018\/","token":"45.2\/II\/C\/10\/2\/45.2-1018","metadata":false},{"id":84230,"structure_id":13541,"section_number":"45.2-1019","catch_line":" Inspections and monitoring","url":"\/45.2-1019\/","token":"45.2\/II\/C\/10\/2\/45.2-1019","metadata":false},{"id":54505,"structure_id":13541,"section_number":"45.2-1020","catch_line":" Enforcement of chapter generally","url":"\/45.2-1020\/","token":"45.2\/II\/C\/10\/2\/45.2-1020","metadata":false},{"id":84596,"structure_id":13541,"section_number":"45.2-1021","catch_line":" Civil and criminal penalties","url":"\/45.2-1021\/","token":"45.2\/II\/C\/10\/2\/45.2-1021","metadata":false},{"id":80009,"structure_id":13541,"section_number":"45.2-1022","catch_line":" Citizen suits; rights of citizens to accompany inspectors","url":"\/45.2-1022\/","token":"45.2\/II\/C\/10\/2\/45.2-1022","metadata":false},{"id":61906,"structure_id":13541,"section_number":"45.2-1023","catch_line":" Forfeiture or release of performance bond","url":"\/45.2-1023\/","token":"45.2\/II\/C\/10\/2\/45.2-1023","metadata":false},{"id":84157,"structure_id":13541,"section_number":"45.2-1024","catch_line":" Performance of reclamation operations by Director","url":"\/45.2-1024\/","token":"45.2\/II\/C\/10\/2\/45.2-1024","metadata":false},{"id":54560,"structure_id":13541,"section_number":"45.2-1025","catch_line":" Administrative review of notice or order issued under \u00a7 45.2-1020","url":"\/45.2-1025\/","token":"45.2\/II\/C\/10\/2\/45.2-1025","metadata":false},{"id":86764,"structure_id":13541,"section_number":"45.2-1026","catch_line":" Hearings","url":"\/45.2-1026\/","token":"45.2\/II\/C\/10\/2\/45.2-1026","metadata":false},{"id":76733,"structure_id":13541,"section_number":"45.2-1027","catch_line":" Judicial review of final order or decision or decision under \u00a7 45.2-1035","url":"\/45.2-1027\/","token":"45.2\/II\/C\/10\/2\/45.2-1027","metadata":false},{"id":61010,"structure_id":13541,"section_number":"45.2-1028","catch_line":" Designating areas unsuitable for coal surface mining","url":"\/45.2-1028\/","token":"45.2\/II\/C\/10\/2\/45.2-1028","metadata":false}],"previous_section":{"id":81130,"structure_id":13541,"section_number":"45.2-1014","catch_line":" Public participation in process of issuing or revising permits","url":"\/45.2-1014\/","token":"45.2\/II\/C\/10\/2\/45.2-1014","metadata":false},"next_section":{"id":64109,"structure_id":13541,"section_number":"45.2-1016","catch_line":" Performance bonds","url":"\/45.2-1016\/","token":"45.2\/II\/C\/10\/2\/45.2-1016","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1015\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 290 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1983, chapter 92; in 1986, chapter 615.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":81130,"section_number":"45.2-1014","catch_line":" Public participation in process of issuing or revising permits","order_by":null,"url":"\/45.2-1014\/"}],"permalink":{"id":223763,"object_type":"law","relational_id":76504,"identifier":"45.2-1015","token":"45.2\/II\/C\/10\/2\/45.2-1015","url":"\/45.2-1015\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1015\/","token":"45.2\/II\/C\/10\/2\/45.2-1015","dublin_core":{"Title":" Decision of Director upon permit application; hearing; appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1015","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Director<\/span> shall notify each applicant for a permit<\/span> within a reasonable time, as set forth in regulations, taking into account the time needed for proper investigation of the site, the complexity of the permit<\/span> application, and written objections that have been filed, of his written decision to approve or disapprove the application, in whole or in part, except that if an informal hearing<\/span> has been held pursuant to § 45.2-1014<\/a>, the Director<\/span> shall issue<\/span> to the applicant and the parties to the hearing<\/span> his written decision within 60 days of such hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If such application is approved, a permit<\/span> shall be issued. If such application is disapproved, specific reasons shall be given in the notification. Within 30 days after the applicant is notified of the final decision of the Director<\/span> on such permit<\/span> application, the applicant, or any person<\/span> with an interest that is or might be adversely affected, may request a hearing<\/span> on the reasons for the final determination. The Director<\/span> shall hold a formal adjudicatory hearing<\/span> in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.) and within 30 days thereafter shall issue<\/span> to the applicant and every person<\/span> who participated in the hearing<\/span> the written decision of the Director<\/span> granting or denying the permit<\/span> in whole or in part and stating the reasons therefor. No person<\/span> who presided at an informal hearing<\/span> under § 45.2-1014<\/a> shall preside at the formal adjudicatory hearing<\/span> or participate in the decision therein or any administrative appeal<\/span> therefrom. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Where a hearing<\/span> is requested pursuant to subsection B, the Director<\/span>, under such conditions as he prescribes, may grant temporary relief pending final determination of the proceedings if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All parties to the proceeding have been notified and given an opportunity to be heard on any request for temporary relief; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The person<\/span> requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any applicant or person<\/span> who has an interest that is or might be adversely affected and has participated in the formal hearing<\/span> as an objector who is aggrieved by the decision of the Director<\/span> or by the failure of the Director<\/span> to act within the time limits specified in this chapter has a right to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n DECISION OF DIRECTOR UPON PERMIT APPLICATION; HEARING; APPEAL (\u00a7 45.2-1015)\n\nA. The Director shall notify each applicant for a permit within a reasonable\ntime, as set forth in regulations, taking into account the time needed for\nproper investigation of the site, the complexity of the permit application, and\nwritten objections that have been filed, of his written decision to approve or\ndisapprove the application, in whole or in part, except that if an informal\nhearing has been held pursuant to § 45.2-1014, the Director shall issue to\nthe applicant and the parties to the hearing his written decision within 60 days\nof such hearing.\n\nB. If such application is approved, a permit shall be issued. If such\napplication is disapproved, specific reasons shall be given in the notification.\nWithin 30 days after the applicant is notified of the final decision of the\nDirector on such permit application, the applicant, or any person with an\ninterest that is or might be adversely affected, may request a hearing on the\nreasons for the final determination. The Director shall hold a formal\nadjudicatory hearing in accordance with the Administrative Process Act (§\n2.2-4000 et seq.) and within 30 days thereafter shall issue to the applicant and\nevery person who participated in the hearing the written decision of the\nDirector granting or denying the permit in whole or in part and stating the\nreasons therefor. No person who presided at an informal hearing under §\n45.2-1014 shall preside at the formal adjudicatory hearing or participate in the\ndecision therein or any administrative appeal therefrom.\n\nC. Where a hearing is requested pursuant to subsection B, the Director, under\nsuch conditions as he prescribes, may grant temporary relief pending final\ndetermination of the proceedings if:\n\n 1. All parties to the proceeding have been notified and given an opportunity\n to be heard on any request for temporary relief;\n\n 2. The person requesting such relief shows that there is a substantial\n likelihood that he will prevail on the merits of the final determination of\n the proceeding; and\n\n 3. Such relief will not adversely affect the public health or safety or cause\n significant imminent environmental harm to land, air, or water resources.\n\nD. Any applicant or person who has an interest that is or might be adversely\naffected and has participated in the formal hearing as an objector who is\naggrieved by the decision of the Director or by the failure of the Director to\nact within the time limits specified in this chapter has a right to judicial\nreview in accordance with the provisions of the Administrative Process Act\n(§ 2.2-4000 et seq.).\n\nHISTORY: 1979, c. 290, \u00a7 45.1-240; 1983, c. 92; 1986, c. 615; 2021, Sp. Sess.\nI, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}