{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1025.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1025.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1025.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1025.html"}],"law_id":54560,"edition_id":1,"section_id":54560,"structure_id":13541,"section_number":"45.2-1025","catch_line":" Administrative review of notice or order issued under \u00a7 45.2-1020","history":"1979, c. 290, \u00a7 45.1-249; 1983, c. 93; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nA permittee who is issued a notice or order pursuant to &#xA7; 45.2-1020, or any person having an interest that is or could be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or order, may apply to the Director for the review of such notice or order within 30 days of the receipt thereof or within 30 days of its modification, vacation, or termination. Upon receipt of such application, the Director shall cause such investigation to be made as he deems appropriate. Such investigation shall, at the request of the applicant or the person having an interest that is or could be adversely affected, include a public formal hearing to enable the applicant or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. The filing of an application for review under this subsection shall not operate as a stay of any order or notice.B\n\nUpon receiving the report of such investigation, the Director shall make findings of fact and shall issue a written decision, incorporating therein an order vacating, affirming, modifying, or terminating the notice or order complained of. Such order shall incorporate the Director&#8217;s findings of fact. If the application for review concerns an order for cessation of coal surface mining and reclamation operations issued pursuant to the provisions of subsection A or C of &#xA7; 45.2-1020, the Director shall issue the written decision within 30 days of the receipt of the application for review unless temporary relief has been granted by the Director pursuant to subsection C or by a court pursuant to &#xA7; 45.2-1027.C\n\nPending completion of the hearing required by this section, the applicant may file with the Director a written request that the Director grant temporary relief from any notice or order issued under \u00a7 45.2-1020, together with a detailed statement giving reasons for granting such relief. The Director shall issue an order granting or denying such relief expeditiously. If the applicant requests relief from an order for cessation of coal surface mining and reclamation operations issued pursuant to subsection A or C of \u00a7 45.2-1020, the order on such a request shall be issued within five days of its receipt. The Director may grant such relief, under such conditions as the Director prescribes, if:1\n\nA hearing has been held in the locality of the permit area on the request for temporary relief in which all parties were given an opportunity to be heard;2\n\nThe applicant shows that there is substantial likelihood that the decision of the Director will be favorable to the applicant; and3\n\nSuch relief will not adversely affect the health or safety of the public or cause significant imminent environmental harm to land, air, or water resources.D\n\nFollowing the issuance of an order to show cause as to why a permit should not be suspended or revoked pursuant to &#xA7; 45.2-1020, the Director shall hold a public formal hearing, unless waived by the permittee, after giving written notice of the time, place, and date thereof. Within 60 days following the formal hearing, the Director shall issue and furnish to the permittee and every other party to the hearing a written decision concerning suspension or revocation of the permit and reasons therefor. If the Director revokes the permit, the permittee shall immediately cease coal surface mining operations on the permit area and shall complete reclamation within a period specified by the Director, or the Director shall declare as forfeited the performance bonds for the operation.E\n\nThe Director may adopt regulations providing for the award of costs and expenses, including attorney fees, to any party to any administrative proceedings under this chapter, incurred by such person in connection with his participation in such proceedings, and may assess such costs and expenses against any other party as the Director deems proper. For the purpose of this subsection, &#8220;party&#8221; includes the Commonwealth or any of its agents, officers, or employees.","order_by":null,"text":{"0":{"id":200347,"text":"A permittee who is issued a notice or order pursuant to &#xA7; 45.2-1020, or any person having an interest that is or could be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or order, may apply to the Director for the review of such notice or order within 30 days of the receipt thereof or within 30 days of its modification, vacation, or termination. Upon receipt of such application, the Director shall cause such investigation to be made as he deems appropriate. Such investigation shall, at the request of the applicant or the person having an interest that is or could be adversely affected, include a public formal hearing to enable the applicant or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. The filing of an application for review under this subsection shall not operate as a stay of any order or notice.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200348,"text":"Upon receiving the report of such investigation, the Director shall make findings of fact and shall issue a written decision, incorporating therein an order vacating, affirming, modifying, or terminating the notice or order complained of. Such order shall incorporate the Director&#8217;s findings of fact. If the application for review concerns an order for cessation of coal surface mining and reclamation operations issued pursuant to the provisions of subsection A or C of &#xA7; 45.2-1020, the Director shall issue the written decision within 30 days of the receipt of the application for review unless temporary relief has been granted by the Director pursuant to subsection C or by a court pursuant to &#xA7; 45.2-1027.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":200349,"text":"Pending completion of the hearing required by this section, the applicant may file with the Director a written request that the Director grant temporary relief from any notice or order issued under \u00a7 45.2-1020, together with a detailed statement giving reasons for granting such relief. The Director shall issue an order granting or denying such relief expeditiously. If the applicant requests relief from an order for cessation of coal surface mining and reclamation operations issued pursuant to subsection A or C of \u00a7 45.2-1020, the order on such a request shall be issued within five days of its receipt. The Director may grant such relief, under such conditions as the Director prescribes, if:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":200350,"text":"A hearing has been held in the locality of the permit area on the request for temporary relief in which all parties were given an opportunity to be heard;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":200351,"text":"The applicant shows that there is substantial likelihood that the decision of the Director will be favorable to the applicant; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":200352,"text":"Such relief will not adversely affect the health or safety of the public 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":200353,"text":"Following the issuance of an order to show cause as to why a permit should not be suspended or revoked pursuant to &#xA7; 45.2-1020, the Director shall hold a public formal hearing, unless waived by the permittee, after giving written notice of the time, place, and date thereof. Within 60 days following the formal hearing, the Director shall issue and furnish to the permittee and every other party to the hearing a written decision concerning suspension or revocation of the permit and reasons therefor. If the Director revokes the permit, the permittee shall immediately cease coal surface mining operations on the permit area and shall complete reclamation within a period specified by the Director, or the Director shall declare as forfeited the performance bonds for the operation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"7":{"id":200354,"text":"The Director may adopt regulations providing for the award of costs and expenses, including attorney fees, to any party to any administrative proceedings under this chapter, incurred by such person in connection with his participation in such proceedings, and may assess such costs and expenses against any other party as the Director deems proper. For the purpose of this subsection, &#8220;party&#8221; includes the Commonwealth or any of its agents, officers, or employees.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1025\/","history_text":"<p>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 1 time. 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. That modification is as follows: in 1983, chapter 93.<\/p>","references":false,"refers_to":[{"id":54505,"section_number":"45.2-1020","catch_line":" Enforcement of chapter generally","order_by":null,"url":"\/45.2-1020\/"}],"permalink":{"id":223803,"object_type":"law","relational_id":54560,"identifier":"45.2-1025","token":"45.2\/II\/C\/10\/2\/45.2-1025","url":"\/45.2-1025\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1025\/","token":"45.2\/II\/C\/10\/2\/45.2-1025","dublin_core":{"Title":" Administrative review of notice or order issued under \u00a7 45.2-1020","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1025","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">permittee<\/span> who is issued a notice or <span class=\"dictionary\">order<\/span> pursuant to &#xA7; <a class=\"law\" title=\" Enforcement of chapter generally\" href=\"\/45.2-1020\/\">45.2-1020<\/a>, or any <span class=\"dictionary\">person<\/span> having an interest that is or could be adversely affected by such notice or <span class=\"dictionary\">order<\/span> or by any modification, vacation, or termination of such notice or <span class=\"dictionary\">order<\/span>, may apply to the <span class=\"dictionary\">Director<\/span> for the review of such notice or <span class=\"dictionary\">order<\/span> within 30 days of the receipt thereof or within 30 days of its modification, vacation, or termination. Upon receipt of such application, the <span class=\"dictionary\">Director<\/span> shall cause such investigation to be made as he deems appropriate. Such investigation shall, at the request of the applicant or the <span class=\"dictionary\">person<\/span> having an interest that is or could be adversely affected, include a public formal <span class=\"dictionary\">hearing<\/span> to enable the applicant or such <span class=\"dictionary\">person<\/span> to present information relating to the issuance and <span class=\"dictionary\">continuance<\/span> of such notice or <span class=\"dictionary\">order<\/span> or the modification, vacation, or termination thereof. The filing of an application for review under this subsection shall not operate as a <span class=\"dictionary\">stay<\/span> of any <span class=\"dictionary\">order<\/span> or notice. <a id=\"paragraph-200347\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1025\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Upon receiving the report of such investigation, the <span class=\"dictionary\">Director<\/span> shall make <span class=\"dictionary\">findings<\/span> of <span class=\"dictionary\">fact<\/span> and shall <span class=\"dictionary\">issue<\/span> a written decision, incorporating therein an <span class=\"dictionary\">order<\/span> vacating, affirming, modifying, or terminating the notice or <span class=\"dictionary\">order<\/span> complained of. Such <span class=\"dictionary\">order<\/span> shall incorporate the <span class=\"dictionary\">Director<\/span>&#8217;s <span class=\"dictionary\">findings<\/span> of <span class=\"dictionary\">fact<\/span>. If the application for review concerns an <span class=\"dictionary\">order<\/span> for cessation of <span class=\"dictionary\">coal surface mining and reclamation operations<\/span> issued pursuant to the provisions of subsection A or C of &#xA7; <a class=\"law\" title=\" Enforcement of chapter generally\" href=\"\/45.2-1020\/\">45.2-1020<\/a>, the <span class=\"dictionary\">Director<\/span> shall <span class=\"dictionary\">issue<\/span> the written decision within 30 days of the receipt of the application for review unless temporary relief has been granted by the <span class=\"dictionary\">Director<\/span> pursuant to subsection C or by a <span class=\"dictionary\">court<\/span> pursuant to &#xA7; <a class=\"law\" title=\" Judicial review of final order or decision or decision under \u00a7 45.2-1035\" href=\"\/45.2-1027\/\">45.2-1027<\/a>. <a id=\"paragraph-200348\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1025\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Pending completion of the <span class=\"dictionary\">hearing<\/span> required by this section, the applicant may file with the <span class=\"dictionary\">Director<\/span> a written request that the <span class=\"dictionary\">Director<\/span> grant temporary relief from any notice or <span class=\"dictionary\">order<\/span> issued under \u00a7&nbsp;<a class=\"law\" title=\" Enforcement of chapter generally\" href=\"\/45.2-1020\/\">45.2-1020<\/a>, together with a detailed statement giving reasons for granting such relief. The <span class=\"dictionary\">Director<\/span> shall <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">order<\/span> granting or denying such relief expeditiously. If the applicant requests relief from an <span class=\"dictionary\">order<\/span> for cessation of <span class=\"dictionary\">coal surface mining and reclamation operations<\/span> issued pursuant to subsection A or C of \u00a7&nbsp;<a class=\"law\" title=\" Enforcement of chapter generally\" href=\"\/45.2-1020\/\">45.2-1020<\/a>, the <span class=\"dictionary\">order<\/span> on such a request shall be issued within five days of its receipt. The <span class=\"dictionary\">Director<\/span> may grant such relief, under such conditions as the <span class=\"dictionary\">Director<\/span> prescribes, if: <a id=\"paragraph-200349\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1025\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> A <span class=\"dictionary\">hearing<\/span> has been held in the locality of the <span class=\"dictionary\">permit area<\/span> on the request for temporary relief in which all parties were given an opportunity to be heard; <a id=\"paragraph-200350\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1025\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The applicant shows that there is substantial likelihood that the decision of the <span class=\"dictionary\">Director<\/span> will be favorable to the applicant; and <a id=\"paragraph-200351\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1025\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Such relief will not adversely affect the health or safety of the public or cause significant imminent environmental harm to land, air, or water resources. <a id=\"paragraph-200352\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1025\/#C3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Following the issuance of an <span class=\"dictionary\">order<\/span> to show cause as to why a permit should not be suspended or revoked pursuant to &#xA7; <a class=\"law\" title=\" Enforcement of chapter generally\" href=\"\/45.2-1020\/\">45.2-1020<\/a>, the <span class=\"dictionary\">Director<\/span> shall hold a public formal <span class=\"dictionary\">hearing<\/span>, unless waived by the <span class=\"dictionary\">permittee<\/span>, after giving written notice of the time, place, and date thereof. Within 60 days following the formal <span class=\"dictionary\">hearing<\/span>, the <span class=\"dictionary\">Director<\/span> shall <span class=\"dictionary\">issue<\/span> and furnish to the <span class=\"dictionary\">permittee<\/span> and every other <span class=\"dictionary\">party<\/span> to the <span class=\"dictionary\">hearing<\/span> a written decision concerning suspension or <span class=\"dictionary\">revocation<\/span> of the permit and reasons therefor. If the <span class=\"dictionary\">Director<\/span> revokes the permit, the <span class=\"dictionary\">permittee<\/span> shall immediately cease coal surface mining operations on the <span class=\"dictionary\">permit area<\/span> and shall complete reclamation within a period specified by the <span class=\"dictionary\">Director<\/span>, or the <span class=\"dictionary\">Director<\/span> shall declare as forfeited the performance <span class=\"dictionary\">bonds<\/span> for the operation. <a id=\"paragraph-200353\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1025\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The <span class=\"dictionary\">Director<\/span> may adopt regulations providing for the award of costs and expenses, including attorney fees, to any <span class=\"dictionary\">party<\/span> to any administrative proceedings under this chapter, incurred by such <span class=\"dictionary\">person<\/span> in connection with his participation in such proceedings, and may assess such costs and expenses against any other <span class=\"dictionary\">party<\/span> as the <span class=\"dictionary\">Director<\/span> deems proper. For the purpose of this subsection, &#8220;<span class=\"dictionary\">party<\/span>&#8221; includes the Commonwealth or any of its agents, officers, or employees. <a id=\"paragraph-200354\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1025\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n ADMINISTRATIVE REVIEW OF NOTICE OR ORDER ISSUED UNDER \u00a7 45.2-1020 (\u00a7\n45.2-1025)\n\nA. A permittee who is issued a notice or order pursuant to &#xA7; 45.2-1020, or\nany person having an interest that is or could be adversely affected by such\nnotice or order or by any modification, vacation, or termination of such notice\nor order, may apply to the Director for the review of such notice or order\nwithin 30 days of the receipt thereof or within 30 days of its modification,\nvacation, or termination. Upon receipt of such application, the Director shall\ncause such investigation to be made as he deems appropriate. Such investigation\nshall, at the request of the applicant or the person having an interest that is\nor could be adversely affected, include a public formal hearing to enable the\napplicant or such person to present information relating to the issuance and\ncontinuance of such notice or order or the modification, vacation, or\ntermination thereof. The filing of an application for review under this\nsubsection shall not operate as a stay of any order or notice.\n\nB. Upon receiving the report of such investigation, the Director shall make\nfindings of fact and shall issue a written decision, incorporating therein an\norder vacating, affirming, modifying, or terminating the notice or order\ncomplained of. Such order shall incorporate the Director&#8217;s findings of\nfact. If the application for review concerns an order for cessation of coal\nsurface mining and reclamation operations issued pursuant to the provisions of\nsubsection A or C of &#xA7; 45.2-1020, the Director shall issue the written\ndecision within 30 days of the receipt of the application for review unless\ntemporary relief has been granted by the Director pursuant to subsection C or by\na court pursuant to &#xA7; 45.2-1027.\n\nC. Pending completion of the hearing required by this section, the applicant may\nfile with the Director a written request that the Director grant temporary\nrelief from any notice or order issued under \u00a7 45.2-1020, together with a\ndetailed statement giving reasons for granting such relief. The Director shall\nissue an order granting or denying such relief expeditiously. If the applicant\nrequests relief from an order for cessation of coal surface mining and\nreclamation operations issued pursuant to subsection A or C of \u00a7 45.2-1020, the\norder on such a request shall be issued within five days of its receipt. The\nDirector may grant such relief, under such conditions as the Director\nprescribes, if:\n\n   1. A hearing has been held in the locality of the permit area on the request\n   for temporary relief in which all parties were given an opportunity to be\n   heard;\n\n   2. The applicant shows that there is substantial likelihood that the decision\n   of the Director will be favorable to the applicant; and\n\n   3. Such relief will not adversely affect the health or safety of the public or\n   cause significant imminent environmental harm to land, air, or water\n   resources.\n\nD. Following the issuance of an order to show cause as to why a permit should\nnot be suspended or revoked pursuant to &#xA7; 45.2-1020, the Director shall\nhold a public formal hearing, unless waived by the permittee, after giving\nwritten notice of the time, place, and date thereof. Within 60 days following\nthe formal hearing, the Director shall issue and furnish to the permittee and\nevery other party to the hearing a written decision concerning suspension or\nrevocation of the permit and reasons therefor. If the Director revokes the\npermit, the permittee shall immediately cease coal surface mining operations on\nthe permit area and shall complete reclamation within a period specified by the\nDirector, or the Director shall declare as forfeited the performance bonds for\nthe operation.\n\nE. The Director may adopt regulations providing for the award of costs and\nexpenses, including attorney fees, to any party to any administrative\nproceedings under this chapter, incurred by such person in connection with his\nparticipation in such proceedings, and may assess such costs and expenses\nagainst any other party as the Director deems proper. For the purpose of this\nsubsection, &#8220;party&#8221; includes the Commonwealth or any of its agents,\nofficers, or employees.\n\nHISTORY: 1979, c. 290, \u00a7 45.1-249; 1983, c. 93; 2021, Sp. Sess. I, 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}}