{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-538.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-538.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-538.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-538.html"}],"law_id":79034,"edition_id":1,"section_id":79034,"structure_id":14740,"section_number":"45.2-538","catch_line":" Denial or revocation of license for the operation of a coal mine","history":"1993, c. 247, \u00a7 45.1-22.1, c. 389, \u00a7 45.1-98.4; 1994, c. 28, \u00a7 45.1-161.60; 1997, c. 390; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe Chief may revoke a license for the operation of a coal mine or deny an application for the issuance of a license for the operation of a coal mine upon determining that the applicant, the operator, or the operator’s agent has committed violations of the mine safety laws of the Commonwealth, including regulations adopted by the Department or the Board of Coal Mining Examiners, that demonstrate a pattern of willful violations resulting in an imminent danger to miners.B\n\nThe Chief may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine who has been convicted of knowingly permitting a miner to work in an underground coal mine where a methane monitor or other device capable of detecting the presence of explosive gases was impaired, disturbed, disconnected, bypassed, or otherwise tampered with in violation of § 45.2-849.C\n\nThe Chief may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine who has been convicted of violating subsection A of § 45.2-856 or 45.2-857.D\n\nAny person whose license application is denied or whose license is revoked pursuant to subsection A, B, or C may bring a civil action in the circuit court of the city or county in which the mine is located for review of the decision. The commencement of such proceeding shall not, unless specifically ordered by the court, operate as a stay of the decision. The court shall promptly hear and determine the matters raised by the aggrieved party. In any such action, the court shall receive the records of the Department with respect to the determination and shall receive additional evidence at the request of any party. The court, basing its decision on the preponderance of the evidence, shall grant relief that the court determines appropriate.","order_by":null,"text":{"0":{"id":283107,"text":"The Chief may revoke a license for the operation of a coal mine or deny an application for the issuance of a license for the operation of a coal mine upon determining that the applicant, the operator, or the operator’s agent has committed violations of the mine safety laws of the Commonwealth, including regulations adopted by the Department or the Board of Coal Mining Examiners, that demonstrate a pattern of willful violations resulting in an imminent danger to miners.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283108,"text":"The Chief may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine who has been convicted of knowingly permitting a miner to work in an underground coal mine where a methane monitor or other device capable of detecting the presence of explosive gases was impaired, disturbed, disconnected, bypassed, or otherwise tampered with in violation of § 45.2-849.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":283109,"text":"The Chief may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine who has been convicted of violating subsection A of § 45.2-856 or 45.2-857.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":283110,"text":"Any person whose license application is denied or whose license is revoked pursuant to subsection A, B, or C may bring a civil action in the circuit court of the city or county in which the mine is located for review of the decision. The commencement of such proceeding shall not, unless specifically ordered by the court, operate as a stay of the decision. The court shall promptly hear and determine the matters raised by the aggrieved party. In any such action, the court shall receive the records of the Department with respect to the determination and shall receive additional evidence at the request of any party. The court, basing its decision on the preponderance of the evidence, shall grant relief that the court determines appropriate.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14740,"edition_id":1,"name":"Licensing for Operation of Coal Mines","identifier":"4","label":"article","depth":5,"order_by":1,"parent_id":13785,"metadata":{},"date_created":"2026-06-26 03:49:39","date_modified":"2026-06-26 03:49:39","permalink":{"id":222813,"object_type":"structure","relational_id":14740,"identifier":"4","token":"45.2\/II\/A\/5\/4","url":"\/45.2\/II\/A\/5\/4\/","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":72966,"structure_id":14740,"section_number":"45.2-535","catch_line":" License required for operation of a coal mine; term","url":"\/45.2-535\/","token":"45.2\/II\/A\/5\/4\/45.2-535","metadata":false},{"id":72602,"structure_id":14740,"section_number":"45.2-536","catch_line":" Coal Mine Operator License Fund","url":"\/45.2-536\/","token":"45.2\/II\/A\/5\/4\/45.2-536","metadata":false},{"id":57251,"structure_id":14740,"section_number":"45.2-537","catch_line":" Application for license for the operation of a coal mine","url":"\/45.2-537\/","token":"45.2\/II\/A\/5\/4\/45.2-537","metadata":false},{"id":79034,"structure_id":14740,"section_number":"45.2-538","catch_line":" Denial or revocation of license for the operation of a coal mine","url":"\/45.2-538\/","token":"45.2\/II\/A\/5\/4\/45.2-538","metadata":false},{"id":61680,"structure_id":14740,"section_number":"45.2-539","catch_line":" Operating without license; penalty","url":"\/45.2-539\/","token":"45.2\/II\/A\/5\/4\/45.2-539","metadata":false},{"id":84202,"structure_id":14740,"section_number":"45.2-540","catch_line":" Annual reports; condition to issuance of license following transfer of ownership","url":"\/45.2-540\/","token":"45.2\/II\/A\/5\/4\/45.2-540","metadata":false},{"id":56460,"structure_id":14740,"section_number":"45.2-541","catch_line":" Discontinuance of the working of a mine; notices to Department; resumption of mining following discontinuance","url":"\/45.2-541\/","token":"45.2\/II\/A\/5\/4\/45.2-541","metadata":false},{"id":60294,"structure_id":14740,"section_number":"45.2-542","catch_line":"(For contingent effective date, see Acts 2025, cc. 91 and 109, cl. 2) Maps of mines required to be made; contents; extension and preservation; use by Department; release; posting of map","url":"\/45.2-542\/","token":"45.2\/II\/A\/5\/4\/45.2-542","metadata":false},{"id":73806,"structure_id":14740,"section_number":"45.2-543","catch_line":" When the Chief may cause maps to be made; payment by operator","url":"\/45.2-543\/","token":"45.2\/II\/A\/5\/4\/45.2-543","metadata":false},{"id":81527,"structure_id":14740,"section_number":"45.2-544","catch_line":" Making false statements; penalty","url":"\/45.2-544\/","token":"45.2\/II\/A\/5\/4\/45.2-544","metadata":false}],"previous_section":{"id":57251,"structure_id":14740,"section_number":"45.2-537","catch_line":" Application for license for the operation of a coal mine","url":"\/45.2-537\/","token":"45.2\/II\/A\/5\/4\/45.2-537","metadata":false},"next_section":{"id":61680,"structure_id":14740,"section_number":"45.2-539","catch_line":" Operating without license; penalty","url":"\/45.2-539\/","token":"45.2\/II\/A\/5\/4\/45.2-539","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-538\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 247 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 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapter 28<\/a>; in 1997, chapter 390<\/a>.<\/p>","references":false,"refers_to":[{"id":69275,"section_number":"45.2-856","catch_line":" Smoking materials prohibited; penalty","order_by":null,"url":"\/45.2-856\/"}],"permalink":{"id":222827,"object_type":"law","relational_id":79034,"identifier":"45.2-538","token":"45.2\/II\/A\/5\/4\/45.2-538","url":"\/45.2-538\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-538\/","token":"45.2\/II\/A\/5\/4\/45.2-538","dublin_core":{"Title":" Denial or revocation of license for the operation of a coal mine","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-538","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Chief<\/span> may revoke a license for the operation of a coal mine or deny an application for the issuance of a license for the operation of a coal mine upon determining that the applicant, the operator, or the operator’s agent has committed violations of the mine safety laws<\/span> of the Commonwealth, including regulations adopted by the Department<\/span> or the Board of Coal Mining Examiners, that demonstrate a pattern of willful violations resulting in an imminent danger to miners. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Chief<\/span> may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine who has been convicted of knowingly permitting a miner to work in an underground coal mine where a methane monitor or other device capable of detecting the presence of explosive gases was impaired, disturbed, disconnected, bypassed, or otherwise tampered with in violation of § 45.2-849<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Chief<\/span> may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine who has been convicted of violating subsection A of § 45.2-856<\/a> or 45.2-857<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person whose license application is denied or whose license is revoked pursuant to subsection A, B, or C may bring a civil action<\/span> in the circuit<\/span> court<\/span> of the city or county in which the mine is located for review of the decision. The commencement of such proceeding shall not, unless specifically ordered by the court<\/span>, operate as a stay<\/span> of the decision. The court<\/span> shall promptly hear and determine the matters raised by the aggrieved party<\/span>. In any such action, the court<\/span> shall receive the records of the Department<\/span> with respect to the determination and shall receive additional evidence at the request of any party. The court<\/span>, basing its decision on the preponderance of the evidence<\/span>, shall grant relief that the court<\/span> determines appropriate. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n DENIAL OR REVOCATION OF LICENSE FOR THE OPERATION OF A COAL MINE (\u00a7 45.2-538)\n\nA. The Chief may revoke a license for the operation of a coal mine or deny an\napplication for the issuance of a license for the operation of a coal mine upon\ndetermining that the applicant, the operator, or the operator’s agent has\ncommitted violations of the mine safety laws of the Commonwealth, including\nregulations adopted by the Department or the Board of Coal Mining Examiners,\nthat demonstrate a pattern of willful violations resulting in an imminent danger\nto miners.\n\nB. The Chief may revoke every license issued to any person for the operation of\na coal mine and may deny every application by a person for the issuance of a\nlicense for the operation of a coal mine who has been convicted of knowingly\npermitting a miner to work in an underground coal mine where a methane monitor\nor other device capable of detecting the presence of explosive gases was\nimpaired, disturbed, disconnected, bypassed, or otherwise tampered with in\nviolation of § 45.2-849.\n\nC. The Chief may revoke every license issued to any person for the operation of\na coal mine and may deny every application by a person for the issuance of a\nlicense for the operation of a coal mine who has been convicted of violating\nsubsection A of § 45.2-856 or 45.2-857.\n\nD. Any person whose license application is denied or whose license is revoked\npursuant to subsection A, B, or C may bring a civil action in the circuit court\nof the city or county in which the mine is located for review of the decision.\nThe commencement of such proceeding shall not, unless specifically ordered by\nthe court, operate as a stay of the decision. The court shall promptly hear and\ndetermine the matters raised by the aggrieved party. In any such action, the\ncourt shall receive the records of the Department with respect to the\ndetermination and shall receive additional evidence at the request of any party.\nThe court, basing its decision on the preponderance of the evidence, shall grant\nrelief that the court determines appropriate.\n\nHISTORY: 1993, c. 247, \u00a7 45.1-22.1, c. 389, \u00a7 45.1-98.4; 1994, c. 28, \u00a7\n45.1-161.60; 1997, c. 390; 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}}