{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1157.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1157.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1157.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1157.html"}],"law_id":63378,"edition_id":1,"section_id":63378,"structure_id":13205,"section_number":"45.2-1157","catch_line":" Notices of violations","history":"1997, c. 390, \u00a7 45.1-161.292:63; 1998, c. 695; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nIf the Director 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 responsible for the violation. Each notice of violation shall be in writing, shall describe with particularity the nature of the violation, including a reference to the provision of the Mineral Mine Safety Act or the appropriate regulation violated, and shall include an order of abatement and set a reasonable time for abatement of the violation.B\n\nA copy of the notice of violation shall be delivered to the licensed operator or his agent or the mine foreman and to any independent contractor whose employees were exposed to a hazard related to the violation.C\n\nUpon a finding by the mine inspector of the completion of the action required to abate such violation, the Director or the mine inspector shall issue a notice of correction, a copy of which shall be delivered as provided in subsection B.D\n\nThe notice of violation shall be deemed the final order of the Department and shall not be subject to review by any court or agency unless, within 20 days following its issuance, the person to whom the notice of violation was 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 Director, 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 is waived, or if it fails 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 such decision is entitled to judicial review pursuant to Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.E\n\nIf it is finally determined that a notice of violation was not issued in accordance with the provisions of this section, such 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.","order_by":null,"text":{"0":{"id":230930,"text":"If the Director 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 responsible for the violation. Each notice of violation shall be in writing, shall describe with particularity the nature of the violation, including a reference to the provision of the Mineral Mine Safety Act or the appropriate regulation violated, and shall include an order of abatement and set a reasonable time for abatement of the violation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":230931,"text":"A copy of the notice of violation shall be delivered to the licensed operator or his agent or the mine foreman and to any independent contractor whose employees were exposed to a hazard related to the violation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":230932,"text":"Upon a finding by the mine inspector of the completion of the action required to abate such violation, the Director or the mine inspector shall issue a notice of correction, a copy of which shall be delivered as provided in subsection B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":230933,"text":"The notice of violation shall be deemed the final order of the Department and shall not be subject to review by any court or agency unless, within 20 days following its issuance, the person to whom the notice of violation was 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 Director, 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 is waived, or if it fails 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 such decision is entitled to judicial review pursuant to 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","next_prefix":"E"},"4":{"id":230934,"text":"If it is finally determined that a notice of violation was not issued in accordance with the provisions of this section, such 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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13205,"edition_id":1,"name":"Enforcement and Penalties; Reports of Violations","identifier":"8","label":"article","depth":5,"order_by":1,"parent_id":12951,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":224357,"object_type":"structure","relational_id":13205,"identifier":"8","token":"45.2\/III\/A\/11\/8","url":"\/45.2\/III\/A\/11\/8\/","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":63378,"structure_id":13205,"section_number":"45.2-1157","catch_line":" Notices of violations","url":"\/45.2-1157\/","token":"45.2\/III\/A\/11\/8\/45.2-1157","metadata":false},{"id":55211,"structure_id":13205,"section_number":"45.2-1158","catch_line":" Closure orders","url":"\/45.2-1158\/","token":"45.2\/III\/A\/11\/8\/45.2-1158","metadata":false},{"id":56054,"structure_id":13205,"section_number":"45.2-1159","catch_line":" Tolling of time for abating violations","url":"\/45.2-1159\/","token":"45.2\/III\/A\/11\/8\/45.2-1159","metadata":false},{"id":63773,"structure_id":13205,"section_number":"45.2-1160","catch_line":" Injunctive relief","url":"\/45.2-1160\/","token":"45.2\/III\/A\/11\/8\/45.2-1160","metadata":false},{"id":65002,"structure_id":13205,"section_number":"45.2-1161","catch_line":" Violations; penalties","url":"\/45.2-1161\/","token":"45.2\/III\/A\/11\/8\/45.2-1161","metadata":false},{"id":71575,"structure_id":13205,"section_number":"45.2-1162","catch_line":" Prosecution of violations","url":"\/45.2-1162\/","token":"45.2\/III\/A\/11\/8\/45.2-1162","metadata":false},{"id":56847,"structure_id":13205,"section_number":"45.2-1163","catch_line":" Fees and costs","url":"\/45.2-1163\/","token":"45.2\/III\/A\/11\/8\/45.2-1163","metadata":false},{"id":54214,"structure_id":13205,"section_number":"45.2-1164","catch_line":" Reports of violations","url":"\/45.2-1164\/","token":"45.2\/III\/A\/11\/8\/45.2-1164","metadata":false}],"next_section":{"id":55211,"structure_id":13205,"section_number":"45.2-1158","catch_line":" Closure orders","url":"\/45.2-1158\/","token":"45.2\/III\/A\/11\/8\/45.2-1158","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1157\/","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 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 1998, chapter 695<\/a>.<\/p>","references":[{"id":55211,"section_number":"45.2-1158","catch_line":" Closure orders","order_by":null,"url":"\/45.2-1158\/"}],"refers_to":[{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"id":57586,"section_number":"2.2-4024","catch_line":"Hearing officers","order_by":null,"url":"\/2.2-4024\/"},{"id":69646,"section_number":"2.2-4025","catch_line":"Exemptions operation of this article; limitations","order_by":null,"url":"\/2.2-4025\/"}],"permalink":{"id":224359,"object_type":"law","relational_id":63378,"identifier":"45.2-1157","token":"45.2\/III\/A\/11\/8\/45.2-1157","url":"\/45.2-1157\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1157\/","token":"45.2\/III\/A\/11\/8\/45.2-1157","dublin_core":{"Title":" Notices of violations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1157","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the Director<\/span> or a mine inspector has reasonable cause to believe that a violation of the Act has occurred, he shall with reasonable promptness issue<\/span> a notice of violation to the person responsible for the violation. Each notice of violation shall be in writing, shall describe with particularity the nature of the violation, including a reference to the provision of the Mineral Mine Safety Act or the appropriate regulation violated, and shall include an order<\/span> of abatement and set a reasonable time for abatement of the violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A copy of the notice of violation shall be delivered to the licensed operator or his agent or the mine foreman<\/span> and to any independent contractor whose employees were exposed to a hazard related to the violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon a finding<\/span> by the mine inspector of the completion of the action required to abate such violation, the Director<\/span> or the mine inspector shall issue<\/span> a notice of correction, a copy of which shall be delivered as provided in subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The notice of violation shall be deemed the final order<\/span> of the Department<\/span> and shall not be subject to review by any court<\/span> or agency unless, within 20 days following its issuance, the person to whom the notice of violation was issued appeals<\/span> its issuance by notifying the Department<\/span> in writing that he intends to contest its issuance. The Department<\/span> shall conduct informal conference or consultation proceedings, presided over by the Director<\/span>, pursuant to § 2.2-4019<\/a>, unless the person and the Department<\/span> agree to waive<\/span> such a conference or proceeding to go directly to a formal hearing<\/span>. If such a conference or proceeding is waived, or if it fails to dispose of the case by consent, the Department<\/span> shall conduct a formal hearing<\/span> pursuant to § 2.2-4020<\/a>. The formal hearing<\/span> shall be presided over by a hearing<\/span> officer pursuant to § 2.2-4024<\/a>, who shall recommend findings<\/span> and an initial decision, which shall be subject to review and approval by the Director<\/span>. Any party<\/span> aggrieved by and claiming unlawfulness of such decision is entitled to judicial review pursuant to Article 5 (§ 2.2-4025<\/a> et seq.) of the Administrative Process Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If it is finally determined that a notice of violation was not issued in accordance with the provisions of this section, such 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n NOTICES OF VIOLATIONS (\u00a7 45.2-1157)\n\nA. If the Director or a mine inspector has reasonable cause to believe that a\nviolation of the Act has occurred, he shall with reasonable promptness issue a\nnotice of violation to the person responsible for the violation. Each notice of\nviolation shall be in writing, shall describe with particularity the nature of\nthe violation, including a reference to the provision of the Mineral Mine Safety\nAct or the appropriate regulation violated, and shall include an order of\nabatement and set a reasonable time for abatement of the violation.\n\nB. A copy of the notice of violation shall be delivered to the licensed operator\nor his agent or the mine foreman and to any independent contractor whose\nemployees were exposed to a hazard related to the violation.\n\nC. Upon a finding by the mine inspector of the completion of the action required\nto abate such violation, the Director or the mine inspector shall issue a notice\nof correction, a copy of which shall be delivered as provided in subsection B.\n\nD. The notice of violation shall be deemed the final order of the Department and\nshall not be subject to review by any court or agency unless, within 20 days\nfollowing its issuance, the person to whom the notice of violation was issued\nappeals its issuance by notifying the Department in writing that he intends to\ncontest its issuance. The Department shall conduct informal conference or\nconsultation proceedings, presided over by the Director, pursuant to §\n2.2-4019, unless the person and the Department agree to waive such a conference\nor proceeding to go directly to a formal hearing. If such a conference or\nproceeding is waived, or if it fails to dispose of the case by consent, the\nDepartment shall conduct a formal hearing pursuant to § 2.2-4020. The\nformal hearing shall be presided over by a hearing officer pursuant to §\n2.2-4024, who shall recommend findings and an initial decision, which shall be\nsubject to review and approval by the Director. Any party aggrieved by and\nclaiming unlawfulness of such decision is entitled to judicial review pursuant\nto Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.\n\nE. If it is finally determined that a notice of violation was not issued in\naccordance with the provisions of this section, such notice of violation shall\nbe vacated and the improperly issued notice of violation shall not be used to\nthe detriment of the person or the operator to whom it was issued.\n\nHISTORY: 1997, c. 390, \u00a7 45.1-161.292:63; 1998, c. 695; 2021, Sp. Sess. I, c.\n387.","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}}