{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-528.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-528.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-528.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-528.html"}],"law_id":76187,"edition_id":1,"section_id":76187,"structure_id":14865,"section_number":"45.2-528","catch_line":" Board action; suspend, revoke, or take other action","history":"Code 1950, \u00a7\u00a7 45-29, 45-31; 1954, c. 191; 1966, c. 594, \u00a7 45.1-13; 1978, c. 729; 1994, c. 28, \u00a7 45.1-161.35; 2004, c. 855; 2007, cc. 894, 914; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe Board of Coal Mining Examiners may suspend, revoke, or take other action regarding any certificate upon finding that (i) the holder has (a) failed to comply with the continuing education requirements within the period following the suspension of the certificate as provided in § 45.2-527, (b) been intoxicated while on duty, (c) neglected his duties, (d) violated any provision of the Act or any other coal mining law of the Commonwealth, or (e) used any controlled substance without the prescription of a licensed prescriber or (ii) other sufficient cause exists. The Board shall also suspend, revoke, or take other action regarding the first-class mine foreman certificate of any mine foreman who fails to display a thorough understanding of the roof control plan and ventilation for the area of the mine that he is responsible for implementing when examined on-site by a mine inspector in accordance with guidelines adopted by the Board. In such a case, the Board shall make a determination, based on evidence presented by interested parties, of whether the mine foreman had a thorough knowledge of such plans at the time of his examination by the mine inspector.B\n\nThe Board may act to suspend, revoke, or take other action regarding any certificate upon the presentation of written charges alleging prohibited conduct set forth in subsection A by (i) the Chief or the Director or his designated agent; (ii) the operator of a mine at which such person is employed; or (iii) 10 persons employed at the mine at which such person is employed, or, if fewer than 10 persons are employed at the mine, a majority of the employees at the mine. The Board may act on its own initiative to suspend, revoke, or take other action on any certificate for grounds set forth in clause (i)(a) of subsection A.C\n\nAny person holding a certificate issued by the Board shall report to the Chief within 30 days of any criminal conviction in any court of competent jurisdiction for possession or use of any controlled substance without the prescription of a licensed prescriber. This conviction shall result in the immediate temporary suspension of all certificates held by such person pending a hearing before the Board.D\n\nAny miner present at any mine shall be deemed to have given consent to reasonable search, at the direction of the Chief by employees of the Department, of his person and his personal property located at the mine. Such search shall be limited to the investigation of potential violations of the Act.E\n\nAll information regarding substance abuse test results of certified persons, written or otherwise, received by the Department or Board shall be confidential. Any hearing of the Board in which such information is presented shall be conducted as a closed session in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).F\n\nAn affirmative vote of a majority of members of the Board who are qualified to vote is required for any action to suspend, revoke, or take other action regarding a certificate.G\n\nPrior to suspending, revoking, or taking other action regarding a certificate, the Board 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 may be conducted by the Board or, in the Board’s discretion, by a hearing officer as provided in Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.H\n\nAny hearing conducted after the temporary suspension of a miner’s certificate due to (i) a criminal conviction in any court of competent jurisdiction for possession or use of any controlled substance without the prescription of a licensed prescriber as provided for in subsection C, (ii) a failure to pass a substance abuse test required by the Chief pursuant to § 45.2-556, (iii) a failure to pass a pre-employment substance abuse screening test, (iv) a discharge for violation of the company’s substance or alcohol abuse policies, (v) a positive test for the use of any controlled substance without the prescription of a licensed prescriber, (vi) a positive test for intoxication while on duty status, or (vii) a failure to complete a substance abuse program pursuant to § 45.2-565 shall be conducted within 60 days of the temporary suspension. The Board shall make every effort to hold the hearing within 40 days of the temporary suspension.I\n\nAny person who has been aggrieved by a decision of the Board shall be entitled to judicial review of such decision. Appeals from such decisions shall be conducted in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.","order_by":null,"text":{"0":{"id":273599,"text":"The Board of Coal Mining Examiners may suspend, revoke, or take other action regarding any certificate upon finding that (i) the holder has (a) failed to comply with the continuing education requirements within the period following the suspension of the certificate as provided in § 45.2-527, (b) been intoxicated while on duty, (c) neglected his duties, (d) violated any provision of the Act or any other coal mining law of the Commonwealth, or (e) used any controlled substance without the prescription of a licensed prescriber or (ii) other sufficient cause exists. The Board shall also suspend, revoke, or take other action regarding the first-class mine foreman certificate of any mine foreman who fails to display a thorough understanding of the roof control plan and ventilation for the area of the mine that he is responsible for implementing when examined on-site by a mine inspector in accordance with guidelines adopted by the Board. In such a case, the Board shall make a determination, based on evidence presented by interested parties, of whether the mine foreman had a thorough knowledge of such plans at the time of his examination by the mine inspector.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273600,"text":"The Board may act to suspend, revoke, or take other action regarding any certificate upon the presentation of written charges alleging prohibited conduct set forth in subsection A by (i) the Chief or the Director or his designated agent; (ii) the operator of a mine at which such person is employed; or (iii) 10 persons employed at the mine at which such person is employed, or, if fewer than 10 persons are employed at the mine, a majority of the employees at the mine. The Board may act on its own initiative to suspend, revoke, or take other action on any certificate for grounds set forth in clause (i)(a) of subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":273601,"text":"Any person holding a certificate issued by the Board shall report to the Chief within 30 days of any criminal conviction in any court of competent jurisdiction for possession or use of any controlled substance without the prescription of a licensed prescriber. This conviction shall result in the immediate temporary suspension of all certificates held by such person pending a hearing before the Board.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":273602,"text":"Any miner present at any mine shall be deemed to have given consent to reasonable search, at the direction of the Chief by employees of the Department, of his person and his personal property located at the mine. Such search shall be limited to the investigation of potential violations of the Act.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":273603,"text":"All information regarding substance abuse test results of certified persons, written or otherwise, received by the Department or Board shall be confidential. Any hearing of the Board in which such information is presented shall be conducted as a closed session in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":273604,"text":"An affirmative vote of a majority of members of the Board who are qualified to vote is required for any action to suspend, revoke, or take other action regarding a certificate.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":273605,"text":"Prior to suspending, revoking, or taking other action regarding a certificate, the Board 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 may be conducted by the Board or, in the Board’s discretion, by a hearing officer as provided in Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":273606,"text":"Any hearing conducted after the temporary suspension of a miner’s certificate due to (i) a criminal conviction in any court of competent jurisdiction for possession or use of any controlled substance without the prescription of a licensed prescriber as provided for in subsection C, (ii) a failure to pass a substance abuse test required by the Chief pursuant to § 45.2-556, (iii) a failure to pass a pre-employment substance abuse screening test, (iv) a discharge for violation of the company’s substance or alcohol abuse policies, (v) a positive test for the use of any controlled substance without the prescription of a licensed prescriber, (vi) a positive test for intoxication while on duty status, or (vii) a failure to complete a substance abuse program pursuant to § 45.2-565 shall be conducted within 60 days of the temporary suspension. The Board shall make every effort to hold the hearing within 40 days of the temporary suspension.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":273607,"text":"Any person who has been aggrieved by a decision of the Board shall be entitled to judicial review of such decision. Appeals from such decisions shall be conducted in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":14865,"edition_id":1,"name":"Certification of Coal Mine Workers","identifier":"3","label":"article","depth":5,"order_by":1,"parent_id":13785,"metadata":{},"date_created":"2026-06-26 03:50:28","date_modified":"2026-06-26 03:50:28","permalink":{"id":222731,"object_type":"structure","relational_id":14865,"identifier":"3","token":"45.2\/II\/A\/5\/3","url":"\/45.2\/II\/A\/5\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13785,"edition_id":1,"name":"Coal Mine Safety Act","identifier":"5","label":"chapter","depth":4,"order_by":1,"parent_id":13784,"metadata":{},"date_created":"2026-06-26 03:45:52","date_modified":"2026-06-26 03:45:52","permalink":{"id":222651,"object_type":"structure","relational_id":13785,"identifier":"5","token":"45.2\/II\/A\/5","url":"\/45.2\/II\/A\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13784,"edition_id":1,"name":"Coal Mines Generally","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:45:52","date_modified":"2026-06-26 03:45:52","permalink":{"id":222649,"object_type":"structure","relational_id":13784,"identifier":"A","token":"45.2\/II\/A","url":"\/45.2\/II\/A\/","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":56794,"structure_id":14865,"section_number":"45.2-515","catch_line":" Board of Coal Mining Examiners; purpose","url":"\/45.2-515\/","token":"45.2\/II\/A\/5\/3\/45.2-515","metadata":false},{"id":79352,"structure_id":14865,"section_number":"45.2-516","catch_line":" Board membership; terms; meetings","url":"\/45.2-516\/","token":"45.2\/II\/A\/5\/3\/45.2-516","metadata":false},{"id":77123,"structure_id":14865,"section_number":"45.2-517","catch_line":" Board compensation; expenses","url":"\/45.2-517\/","token":"45.2\/II\/A\/5\/3\/45.2-517","metadata":false},{"id":75249,"structure_id":14865,"section_number":"45.2-518","catch_line":" Records of the Board","url":"\/45.2-518\/","token":"45.2\/II\/A\/5\/3\/45.2-518","metadata":false},{"id":64204,"structure_id":14865,"section_number":"45.2-519","catch_line":" Nominations for the Board","url":"\/45.2-519\/","token":"45.2\/II\/A\/5\/3\/45.2-519","metadata":false},{"id":86474,"structure_id":14865,"section_number":"45.2-520","catch_line":" Certification of certain persons employed in coal mines; powers and duties of the Board","url":"\/45.2-520\/","token":"45.2\/II\/A\/5\/3\/45.2-520","metadata":false},{"id":57025,"structure_id":14865,"section_number":"45.2-521","catch_line":" Examinations required for Coal Mining Certifications","url":"\/45.2-521\/","token":"45.2\/II\/A\/5\/3\/45.2-521","metadata":false},{"id":65905,"structure_id":14865,"section_number":"45.2-522","catch_line":" Performance of certain tasks by uncertified persons; penalty","url":"\/45.2-522\/","token":"45.2\/II\/A\/5\/3\/45.2-522","metadata":false},{"id":70095,"structure_id":14865,"section_number":"45.2-523","catch_line":" Coal Mining Examiners' Fund","url":"\/45.2-523\/","token":"45.2\/II\/A\/5\/3\/45.2-523","metadata":false},{"id":81273,"structure_id":14865,"section_number":"45.2-524","catch_line":" Examination fees","url":"\/45.2-524\/","token":"45.2\/II\/A\/5\/3\/45.2-524","metadata":false},{"id":84836,"structure_id":14865,"section_number":"45.2-525","catch_line":" Replacement of lost or destroyed certificates","url":"\/45.2-525\/","token":"45.2\/II\/A\/5\/3\/45.2-525","metadata":false},{"id":83365,"structure_id":14865,"section_number":"45.2-526","catch_line":" Reciprocal acceptances of other certifications","url":"\/45.2-526\/","token":"45.2\/II\/A\/5\/3\/45.2-526","metadata":false},{"id":86305,"structure_id":14865,"section_number":"45.2-527","catch_line":" Continuing education requirements","url":"\/45.2-527\/","token":"45.2\/II\/A\/5\/3\/45.2-527","metadata":false},{"id":76187,"structure_id":14865,"section_number":"45.2-528","catch_line":" Board action; suspend, revoke, or take other action","url":"\/45.2-528\/","token":"45.2\/II\/A\/5\/3\/45.2-528","metadata":false},{"id":86193,"structure_id":14865,"section_number":"45.2-529","catch_line":" Reexamination","url":"\/45.2-529\/","token":"45.2\/II\/A\/5\/3\/45.2-529","metadata":false},{"id":80858,"structure_id":14865,"section_number":"45.2-530","catch_line":" General coal miner certification","url":"\/45.2-530\/","token":"45.2\/II\/A\/5\/3\/45.2-530","metadata":false},{"id":73749,"structure_id":14865,"section_number":"45.2-531","catch_line":" First-class mine foreman certification","url":"\/45.2-531\/","token":"45.2\/II\/A\/5\/3\/45.2-531","metadata":false},{"id":67791,"structure_id":14865,"section_number":"45.2-532","catch_line":" Surface foreman certification","url":"\/45.2-532\/","token":"45.2\/II\/A\/5\/3\/45.2-532","metadata":false},{"id":67969,"structure_id":14865,"section_number":"45.2-533","catch_line":" Chief electrician certification","url":"\/45.2-533\/","token":"45.2\/II\/A\/5\/3\/45.2-533","metadata":false},{"id":71673,"structure_id":14865,"section_number":"45.2-534","catch_line":" Top person certification","url":"\/45.2-534\/","token":"45.2\/II\/A\/5\/3\/45.2-534","metadata":false}],"previous_section":{"id":86305,"structure_id":14865,"section_number":"45.2-527","catch_line":" Continuing education requirements","url":"\/45.2-527\/","token":"45.2\/II\/A\/5\/3\/45.2-527","metadata":false},"next_section":{"id":86193,"structure_id":14865,"section_number":"45.2-529","catch_line":" Reexamination","url":"\/45.2-529\/","token":"45.2\/II\/A\/5\/3\/45.2-529","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-528\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1954, chapter 191; in 1966, chapter 594; in 1978, chapter 729; in 1994, chapter 28<\/a>; in 2004, chapter 855<\/a>; in 2007, chapters 894<\/a> and 914<\/a>.<\/p>","references":[{"id":86474,"section_number":"45.2-520","catch_line":" Certification of certain persons employed in coal mines; powers and duties of the Board","order_by":null,"url":"\/45.2-520\/"},{"id":57025,"section_number":"45.2-521","catch_line":" Examinations required for Coal Mining Certifications","order_by":null,"url":"\/45.2-521\/"},{"id":86193,"section_number":"45.2-529","catch_line":" Reexamination","order_by":null,"url":"\/45.2-529\/"}],"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"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\/"},{"id":86305,"section_number":"45.2-527","catch_line":" Continuing education requirements","order_by":null,"url":"\/45.2-527\/"},{"id":65906,"section_number":"45.2-556","catch_line":" Operators' reports of accidents; investigations; reports by Department","order_by":null,"url":"\/45.2-556\/"},{"id":60105,"section_number":"45.2-565","catch_line":" Duties of operator","order_by":null,"url":"\/45.2-565\/"}],"permalink":{"id":222785,"object_type":"law","relational_id":76187,"identifier":"45.2-528","token":"45.2\/II\/A\/5\/3\/45.2-528","url":"\/45.2-528\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-528\/","token":"45.2\/II\/A\/5\/3\/45.2-528","dublin_core":{"Title":" Board action; suspend, revoke, or take other action","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-528","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board of Coal Mining Examiners may suspend, revoke, or take other action regarding any certificate upon finding<\/span> that (i) the holder has (a) failed to comply with the continuing education requirements within the period following the suspension of the certificate as provided in § 45.2-527<\/a>, (b) been intoxicated while on duty, (c) neglected his duties, (d) violated any provision of the Act or any other coal mining law<\/span> of the Commonwealth, or (e) used any controlled substance without the prescription of a licensed prescriber or (ii) other sufficient cause exists. The Board shall also suspend, revoke, or take other action regarding the first-class mine foreman<\/span> certificate of any mine foreman<\/span> who fails to display a thorough understanding of the roof control plan and ventilation for the area of the mine that he is responsible for implementing when examined on-site by a mine inspector in accordance with guidelines adopted by the Board. In such a case, the Board shall make a determination, based on evidence<\/span> presented by interested parties, of whether the mine foreman<\/span> had a thorough knowledge of such plans at the time of his examination by the mine inspector. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board may act to suspend, revoke, or take other action regarding any certificate upon the presentation of written charges alleging prohibited conduct set forth in subsection A by (i) the Chief<\/span> or the Director<\/span> or his designated agent; (ii) the operator of a mine at which such person is employed; or (iii) 10 persons employed at the mine at which such person is employed, or, if fewer than 10 persons are employed at the mine, a majority of the employees at the mine. The Board may act on its own initiative to suspend, revoke, or take other action on any certificate for grounds set forth in clause (i)(a) of subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person holding a certificate issued by the Board shall report to the Chief<\/span> within 30 days of any criminal conviction<\/span> in any court<\/span> of competent jurisdiction<\/span> for possession<\/span> or use of any controlled substance without the prescription of a licensed prescriber. This conviction<\/span> shall result in the immediate temporary suspension of all certificates held by such person pending a hearing<\/span> before the Board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any miner present at any mine shall be deemed to have given consent to reasonable search, at the direction of the Chief<\/span> by employees of the Department<\/span>, of his person and his personal property located at the mine. Such search shall be limited to the investigation of potential violations of the Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> All information regarding substance abuse test results of certified persons, written or otherwise, received by the Department<\/span> or Board shall be confidential. Any hearing<\/span> of the Board in which such information is presented shall be conducted as a closed session in accordance with the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> An affirmative vote of a majority of members of the Board who are qualified to vote is required for any action to suspend, revoke, or take other action regarding a certificate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Prior to suspending, revoking, or taking other action regarding a certificate, the Board 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> may be conducted by the Board or, in the Board’s discretion, by a hearing<\/span> officer as provided in Article 5 (§ 2.2-4025<\/a> et seq.) of the Administrative Process Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any hearing<\/span> conducted after the temporary suspension of a miner’s certificate due to (i) a criminal conviction<\/span> in any court<\/span> of competent jurisdiction<\/span> for possession<\/span> or use of any controlled substance without the prescription of a licensed prescriber as provided for in subsection C, (ii) a failure to pass a substance abuse test required by the Chief<\/span> pursuant to § 45.2-556<\/a>, (iii) a failure to pass a pre-employment substance abuse screening test, (iv) a discharge for violation of the company’s substance or alcohol abuse policies, (v) a positive test for the use of any controlled substance without the prescription of a licensed prescriber, (vi) a positive test for intoxication while on duty status, or (vii) a failure to complete a substance abuse program pursuant to § 45.2-565<\/a> shall be conducted within 60 days of the temporary suspension. The Board shall make every effort to hold the hearing<\/span> within 40 days of the temporary suspension. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Any person who has been aggrieved by a decision of the Board shall be entitled to judicial review of such decision. Appeals<\/span> from such decisions shall be conducted 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 BOARD ACTION; SUSPEND, REVOKE, OR TAKE OTHER ACTION (\u00a7 45.2-528)\n\nA. The Board of Coal Mining Examiners may suspend, revoke, or take other action\nregarding any certificate upon finding that (i) the holder has (a) failed to\ncomply with the continuing education requirements within the period following\nthe suspension of the certificate as provided in § 45.2-527, (b) been\nintoxicated while on duty, (c) neglected his duties, (d) violated any provision\nof the Act or any other coal mining law of the Commonwealth, or (e) used any\ncontrolled substance without the prescription of a licensed prescriber or (ii)\nother sufficient cause exists. The Board shall also suspend, revoke, or take\nother action regarding the first-class mine foreman certificate of any mine\nforeman who fails to display a thorough understanding of the roof control plan\nand ventilation for the area of the mine that he is responsible for implementing\nwhen examined on-site by a mine inspector in accordance with guidelines adopted\nby the Board. In such a case, the Board shall make a determination, based on\nevidence presented by interested parties, of whether the mine foreman had a\nthorough knowledge of such plans at the time of his examination by the mine\ninspector.\n\nB. The Board may act to suspend, revoke, or take other action regarding any\ncertificate upon the presentation of written charges alleging prohibited conduct\nset forth in subsection A by (i) the Chief or the Director or his designated\nagent; (ii) the operator of a mine at which such person is employed; or (iii) 10\npersons employed at the mine at which such person is employed, or, if fewer than\n10 persons are employed at the mine, a majority of the employees at the mine.\nThe Board may act on its own initiative to suspend, revoke, or take other action\non any certificate for grounds set forth in clause (i)(a) of subsection A.\n\nC. Any person holding a certificate issued by the Board shall report to the\nChief within 30 days of any criminal conviction in any court of competent\njurisdiction for possession or use of any controlled substance without the\nprescription of a licensed prescriber. This conviction shall result in the\nimmediate temporary suspension of all certificates held by such person pending a\nhearing before the Board.\n\nD. Any miner present at any mine shall be deemed to have given consent to\nreasonable search, at the direction of the Chief by employees of the Department,\nof his person and his personal property located at the mine. Such search shall\nbe limited to the investigation of potential violations of the Act.\n\nE. All information regarding substance abuse test results of certified persons,\nwritten or otherwise, received by the Department or Board shall be confidential.\nAny hearing of the Board in which such information is presented shall be\nconducted as a closed session in accordance with the Virginia Freedom of\nInformation Act (§ 2.2-3700 et seq.).\n\nF. An affirmative vote of a majority of members of the Board who are qualified\nto vote is required for any action to suspend, revoke, or take other action\nregarding a certificate.\n\nG. Prior to suspending, revoking, or taking other action regarding a\ncertificate, the Board shall give due notice to the holder of the certificate\nand conduct a hearing. Any hearing shall be conducted in accordance with §\n2.2-4020 unless the parties agree to informal proceedings. The hearing may be\nconducted by the Board or, in the Board’s discretion, by a hearing officer\nas provided in Article 5 (§ 2.2-4025 et seq.) of the Administrative Process\nAct.\n\nH. Any hearing conducted after the temporary suspension of a miner’s\ncertificate due to (i) a criminal conviction in any court of competent\njurisdiction for possession or use of any controlled substance without the\nprescription of a licensed prescriber as provided for in subsection C, (ii) a\nfailure to pass a substance abuse test required by the Chief pursuant to §\n45.2-556, (iii) a failure to pass a pre-employment substance abuse screening\ntest, (iv) a discharge for violation of the company’s substance or alcohol\nabuse policies, (v) a positive test for the use of any controlled substance\nwithout the prescription of a licensed prescriber, (vi) a positive test for\nintoxication while on duty status, or (vii) a failure to complete a substance\nabuse program pursuant to § 45.2-565 shall be conducted within 60 days of\nthe temporary suspension. The Board shall make every effort to hold the hearing\nwithin 40 days of the temporary suspension.\n\nI. Any person who has been aggrieved by a decision of the Board shall be\nentitled to judicial review of such decision. Appeals from such decisions shall\nbe conducted in accordance with Article 5 (§ 2.2-4025 et seq.) of the\nAdministrative Process Act.\n\nHISTORY: Code 1950, \u00a7\u00a7 45-29, 45-31; 1954, c. 191; 1966, c. 594, \u00a7 45.1-13;\n1978, c. 729; 1994, c. 28, \u00a7 45.1-161.35; 2004, c. 855; 2007, cc. 894, 914;\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}}