{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1120.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1120.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1120.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1120.html"}],"law_id":69340,"edition_id":1,"section_id":69340,"structure_id":16007,"section_number":"45.2-1120","catch_line":" Revocation of certificates","history":"1997, c. 390, \u00a7 45.1-161.292:26; 1998, c. 695; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe Department may revoke any certificate upon finding that (i) the holder has (a) been intoxicated while on duty; (b) neglected his duties; (c) violated any provision of the Act or any other mineral mining law of the Commonwealth, including any regulation adopted by the Department; or (d) used any controlled substance without the prescription of a licensed physician or (ii) other sufficient cause exists.B\n\nThe Department may act to revoke any certificate upon the presentation of written charges by (i) the Director of the Division or any other employee of the Department; (ii) the operator of a mine at which such person is employed; (iii) an independent contractor working at such mine; or (iv) 10 persons working at the mine at which such person is employed or, if fewer than 10 persons are working at the mine, a majority of the workers at the mine.C\n\nPrior to revoking a certificate, the Department shall give due notice to the holder of the certificate and conduct a hearing. Any hearing shall be conducted in accordance with § 2.2-4020 unless the parties agree to informal proceedings. The hearing shall be conducted by a hearing officer as provided in § 2.2-4024.D\n\nAny person aggrieved by a decision of the Department is entitled to judicial review of such decision. Appeals from such decisions shall be in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.","order_by":null,"text":{"0":{"id":250810,"text":"The Department may revoke any certificate upon finding that (i) the holder has (a) been intoxicated while on duty; (b) neglected his duties; (c) violated any provision of the Act or any other mineral mining law of the Commonwealth, including any regulation adopted by the Department; or (d) used any controlled substance without the prescription of a licensed physician or (ii) other sufficient cause exists.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250811,"text":"The Department may act to revoke any certificate upon the presentation of written charges by (i) the Director of the Division or any other employee of the Department; (ii) the operator of a mine at which such person is employed; (iii) an independent contractor working at such mine; or (iv) 10 persons working at the mine at which such person is employed or, if fewer than 10 persons are working at the mine, a majority of the workers at the mine.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250812,"text":"Prior to revoking a certificate, the Department shall give due notice to the holder of the certificate and conduct a hearing. Any hearing shall be conducted in accordance with § 2.2-4020 unless the parties agree to informal proceedings. The hearing shall be conducted by a hearing officer as provided in § 2.2-4024.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":250813,"text":"Any person aggrieved by a decision of the Department is entitled to judicial review of such decision. Appeals from such decisions shall be in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16007,"edition_id":1,"name":"Certification of Mineral Mine Workers","identifier":"3","label":"article","depth":5,"order_by":1,"parent_id":12951,"metadata":{},"date_created":"2026-06-26 04:03:39","date_modified":"2026-06-26 04:03:39","permalink":{"id":224171,"object_type":"structure","relational_id":16007,"identifier":"3","token":"45.2\/III\/A\/11\/3","url":"\/45.2\/III\/A\/11\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12951,"edition_id":1,"name":"Mineral Mine Safety Act","identifier":"11","label":"chapter","depth":4,"order_by":1,"parent_id":12950,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":224113,"object_type":"structure","relational_id":12951,"identifier":"11","token":"45.2\/III\/A\/11","url":"\/45.2\/III\/A\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12950,"edition_id":1,"name":"Mineral Mines Generally","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":12949,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":224111,"object_type":"structure","relational_id":12950,"identifier":"A","token":"45.2\/III\/A","url":"\/45.2\/III\/A\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12949,"edition_id":1,"name":"Mineral Mines","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":224109,"object_type":"structure","relational_id":12949,"identifier":"III","token":"45.2\/III","url":"\/45.2\/III\/","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":69773,"structure_id":16007,"section_number":"45.2-1113","catch_line":" Records of Board of Mineral Mining Examiners","url":"\/45.2-1113\/","token":"45.2\/III\/A\/11\/3\/45.2-1113","metadata":false},{"id":81071,"structure_id":16007,"section_number":"45.2-1114","catch_line":" Certification of certain persons employed in mineral mines; powers of the Department","url":"\/45.2-1114\/","token":"45.2\/III\/A\/11\/3\/45.2-1114","metadata":false},{"id":62566,"structure_id":16007,"section_number":"45.2-1115","catch_line":" Examinations required for Mineral Mining Certifications","url":"\/45.2-1115\/","token":"45.2\/III\/A\/11\/3\/45.2-1115","metadata":false},{"id":83078,"structure_id":16007,"section_number":"45.2-1116","catch_line":" Performance of certain tasks by uncertified persons; penalty","url":"\/45.2-1116\/","token":"45.2\/III\/A\/11\/3\/45.2-1116","metadata":false},{"id":66877,"structure_id":16007,"section_number":"45.2-1117","catch_line":" Examination fees; Mineral Mining Examiners' Fund","url":"\/45.2-1117\/","token":"45.2\/III\/A\/11\/3\/45.2-1117","metadata":false},{"id":69741,"structure_id":16007,"section_number":"45.2-1118","catch_line":" Reciprocal acceptance of other certifications","url":"\/45.2-1118\/","token":"45.2\/III\/A\/11\/3\/45.2-1118","metadata":false},{"id":77466,"structure_id":16007,"section_number":"45.2-1119","catch_line":"Renewal of certificates","url":"\/45.2-1119\/","token":"45.2\/III\/A\/11\/3\/45.2-1119","metadata":false},{"id":69340,"structure_id":16007,"section_number":"45.2-1120","catch_line":" Revocation of certificates","url":"\/45.2-1120\/","token":"45.2\/III\/A\/11\/3\/45.2-1120","metadata":false},{"id":71984,"structure_id":16007,"section_number":"45.2-1121","catch_line":" Reexamination","url":"\/45.2-1121\/","token":"45.2\/III\/A\/11\/3\/45.2-1121","metadata":false},{"id":84871,"structure_id":16007,"section_number":"45.2-1122","catch_line":" General mineral miner certification","url":"\/45.2-1122\/","token":"45.2\/III\/A\/11\/3\/45.2-1122","metadata":false},{"id":82623,"structure_id":16007,"section_number":"45.2-1123","catch_line":" Foreman certification","url":"\/45.2-1123\/","token":"45.2\/III\/A\/11\/3\/45.2-1123","metadata":false}],"previous_section":{"id":77466,"structure_id":16007,"section_number":"45.2-1119","catch_line":"Renewal of certificates","url":"\/45.2-1119\/","token":"45.2\/III\/A\/11\/3\/45.2-1119","metadata":false},"next_section":{"id":71984,"structure_id":16007,"section_number":"45.2-1121","catch_line":" Reexamination","url":"\/45.2-1121\/","token":"45.2\/III\/A\/11\/3\/45.2-1121","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1120\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 390<\/a> 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. 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 1998, chapter 695<\/a>; in 2012, chapters 803<\/a> and 835<\/a>.<\/p>","references":[{"id":62566,"section_number":"45.2-1115","catch_line":" Examinations required for Mineral Mining Certifications","order_by":null,"url":"\/45.2-1115\/"},{"id":71984,"section_number":"45.2-1121","catch_line":" Reexamination","order_by":null,"url":"\/45.2-1121\/"}],"refers_to":[{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"id":69646,"section_number":"2.2-4025","catch_line":"Exemptions operation of this article; limitations","order_by":null,"url":"\/2.2-4025\/"}],"permalink":{"id":224201,"object_type":"law","relational_id":69340,"identifier":"45.2-1120","token":"45.2\/III\/A\/11\/3\/45.2-1120","url":"\/45.2-1120\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1120\/","token":"45.2\/III\/A\/11\/3\/45.2-1120","dublin_core":{"Title":" Revocation of certificates","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1120","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span> may revoke any certificate upon finding<\/span> that (i) the holder has (a) been intoxicated while on duty; (b) neglected his duties; (c) violated any provision of the Act or any other mineral mining law<\/span> of the Commonwealth, including any regulation adopted by the Department<\/span>; or (d) used any controlled substance without the prescription of a licensed physician or (ii) other sufficient cause exists. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> may act to revoke any certificate upon the presentation of written charges by (i) the Director<\/span> of the Division or any other employee of the Department<\/span>; (ii) the operator of a mine at which such person is employed; (iii) an independent contractor working at such mine; or (iv) 10 persons working at the mine at which such person is employed or, if fewer than 10 persons are working at the mine, a majority of the workers at the mine. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Prior to revoking a certificate, the Department<\/span> shall give due notice to the holder of the certificate and conduct a hearing<\/span>. Any hearing<\/span> shall be conducted in accordance with § 2.2-4020<\/a> unless the parties agree to informal proceedings. The hearing<\/span> shall be conducted by a hearing<\/span> officer as provided in § 2.2-4024<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person aggrieved by a decision of the Department<\/span> is entitled to judicial review of such decision. Appeals<\/span> from such decisions shall be in accordance with Article 5 (§ 2.2-4025<\/a> et seq.) of the Administrative Process Act. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n REVOCATION OF CERTIFICATES (\u00a7 45.2-1120)\n\nA. The Department may revoke any certificate upon finding that (i) the holder\nhas (a) been intoxicated while on duty; (b) neglected his duties; (c) violated\nany provision of the Act or any other mineral mining law of the Commonwealth,\nincluding any regulation adopted by the Department; or (d) used any controlled\nsubstance without the prescription of a licensed physician or (ii) other\nsufficient cause exists.\n\nB. The Department may act to revoke any certificate upon the presentation of\nwritten charges by (i) the Director of the Division or any other employee of the\nDepartment; (ii) the operator of a mine at which such person is employed; (iii)\nan independent contractor working at such mine; or (iv) 10 persons working at\nthe mine at which such person is employed or, if fewer than 10 persons are\nworking at the mine, a majority of the workers at the mine.\n\nC. Prior to revoking a certificate, the Department shall give due notice to the\nholder of the certificate and conduct a hearing. Any hearing shall be conducted\nin accordance with § 2.2-4020 unless the parties agree to informal\nproceedings. The hearing shall be conducted by a hearing officer as provided in\n§ 2.2-4024.\n\nD. Any person aggrieved by a decision of the Department is entitled to judicial\nreview of such decision. Appeals from such decisions shall be in accordance with\nArticle 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.\n\nHISTORY: 1997, c. 390, \u00a7 45.1-161.292:26; 1998, c. 695; 2012, cc. 803, 835;\n2021, 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}}