{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-568.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-568.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-568.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-568.html"}],"law_id":82262,"edition_id":1,"section_id":82262,"structure_id":14625,"section_number":"45.2-568","catch_line":" Notices of violations","history":"Code 1950, \u00a7\u00a7 45-4.1, 45-9, 45-12, 45-74; 1954, c. 191; 1966, c. 594, \u00a7 45.1-5; 1976, c. 598; 1978, c. 120; 1984, c. 236; 1985, c. 448; 1987, c. 470; 1990, c. 963; 1994, c. 28, \u00a7 45.1-161.90; 1997, c. 390; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nIf the Director, the Chief, 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 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 operator or his agent or the mine foreman.C\n\nUpon a finding by the mine inspector of the completion of the action required to abate such violation, the Director, the Chief, 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 Chief, 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, the 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":294801,"text":"If the Director, the Chief, 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 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":294802,"text":"A copy of the notice of violation shall be delivered to the operator or his agent or the mine foreman.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":294803,"text":"Upon a finding by the mine inspector of the completion of the action required to abate such violation, the Director, the Chief, 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":294804,"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 Chief, 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":294805,"text":"If it is finally determined that a notice of violation was not issued in accordance with the provisions of this section, the 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":14625,"edition_id":1,"name":"Enforcement and Penalties; Reports of Violations","identifier":"8","label":"article","depth":5,"order_by":1,"parent_id":13785,"metadata":{},"date_created":"2026-06-26 03:48:58","date_modified":"2026-06-26 03:48:58","permalink":{"id":222953,"object_type":"structure","relational_id":14625,"identifier":"8","token":"45.2\/II\/A\/5\/8","url":"\/45.2\/II\/A\/5\/8\/","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":82262,"structure_id":14625,"section_number":"45.2-568","catch_line":" Notices of violations","url":"\/45.2-568\/","token":"45.2\/II\/A\/5\/8\/45.2-568","metadata":false},{"id":67488,"structure_id":14625,"section_number":"45.2-569","catch_line":" Closure orders","url":"\/45.2-569\/","token":"45.2\/II\/A\/5\/8\/45.2-569","metadata":false},{"id":65182,"structure_id":14625,"section_number":"45.2-570","catch_line":" Tolling of time for abating violations","url":"\/45.2-570\/","token":"45.2\/II\/A\/5\/8\/45.2-570","metadata":false},{"id":81311,"structure_id":14625,"section_number":"45.2-571","catch_line":" Injunctive relief","url":"\/45.2-571\/","token":"45.2\/II\/A\/5\/8\/45.2-571","metadata":false},{"id":68117,"structure_id":14625,"section_number":"45.2-572","catch_line":" Violations; penalty","url":"\/45.2-572\/","token":"45.2\/II\/A\/5\/8\/45.2-572","metadata":false},{"id":76006,"structure_id":14625,"section_number":"45.2-573","catch_line":" Prosecution of violations","url":"\/45.2-573\/","token":"45.2\/II\/A\/5\/8\/45.2-573","metadata":false},{"id":56170,"structure_id":14625,"section_number":"45.2-574","catch_line":" Fees and costs","url":"\/45.2-574\/","token":"45.2\/II\/A\/5\/8\/45.2-574","metadata":false},{"id":57667,"structure_id":14625,"section_number":"45.2-575","catch_line":" Reports of violations","url":"\/45.2-575\/","token":"45.2\/II\/A\/5\/8\/45.2-575","metadata":false}],"next_section":{"id":67488,"structure_id":14625,"section_number":"45.2-569","catch_line":" Closure orders","url":"\/45.2-569\/","token":"45.2\/II\/A\/5\/8\/45.2-569","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-568\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 1976, chapter 598; in 1978, chapter 120; in 1984, chapter 236; in 1985, chapter 448; in 1987, chapter 470; in 1990, chapter 963; in 1994, chapter 28<\/a>; in 1997, chapter 390<\/a>.<\/p>","references":false,"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":222955,"object_type":"law","relational_id":82262,"identifier":"45.2-568","token":"45.2\/II\/A\/5\/8\/45.2-568","url":"\/45.2-568\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-568\/","token":"45.2\/II\/A\/5\/8\/45.2-568","dublin_core":{"Title":" Notices of violations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-568","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the Director<\/span>, the Chief<\/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 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 operator or his agent or the mine foreman<\/span>. <\/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>, the Chief<\/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 Chief<\/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, the 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 45.2-568)\n\nA. If the Director, the Chief, or a mine inspector has reasonable cause to\nbelieve that a violation of the Act has occurred, he shall with reasonable\npromptness issue a notice of violation to the person responsible for the\nviolation. Each notice of violation shall be in writing, shall describe with\nparticularity the nature of the violation, including a reference to the\nprovision of the Act or the appropriate regulation violated, and shall include\nan order of abatement and set a reasonable time for abatement of the violation.\n\nB. A copy of the notice of violation shall be delivered to the operator or his\nagent or the mine foreman.\n\nC. Upon a finding by the mine inspector of the completion of the action required\nto abate such violation, the Director, the Chief, or the mine inspector shall\nissue a notice of correction, a copy of which shall be delivered as provided in\nsubsection 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 Chief, 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, the notice of violation shall be\nvacated and the improperly issued notice of violation shall not be used to the\ndetriment of the person or the operator to whom it was issued.\n\nHISTORY: Code 1950, \u00a7\u00a7 45-4.1, 45-9, 45-12, 45-74; 1954, c. 191; 1966, c. 594,\n\u00a7 45.1-5; 1976, c. 598; 1978, c. 120; 1984, c. 236; 1985, c. 448; 1987, c. 470;\n1990, c. 963; 1994, c. 28, \u00a7 45.1-161.90; 1997, c. 390; 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}}