{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-569.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-569.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-569.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-569.html"}],"law_id":67488,"edition_id":1,"section_id":67488,"structure_id":14625,"section_number":"45.2-569","catch_line":" Closure orders","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 45.1-161.91; 1996, c. 774; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe Director, the Chief, or a mine inspector shall issue a closure order requiring any mine or section thereof cleared of all persons, or equipment removed from use, and refusing further entry into the mine by all persons except those necessary to correct or eliminate a hazardous condition, when (i) a violation of the Act has occurred that creates an imminent danger to the life or health of persons in the mine; (ii) a mine fire, mine explosion, or other serious accident has occurred at the mine, as necessary to preserve the scene of such accident during the investigation of the accident; (iii) a mine is operating without a license in violation of § 45.2-535; or (iv) an operator to whom a notice of violation was issued has failed to abate the violation cited therein within the time period provided in such notice for its abatement; however, a closure order shall not be issued for failure to abate a violation during the pendency of an administrative appeal of the issuance of the notice of violation as provided in subsection D of § 45.2-568.B\n\nA technical specialist may issue a closure order upon discovering a violation creating an imminent danger.C\n\nOne copy of a closure order shall be delivered to the operator of the mine or his agent or the mine foreman.D\n\nUpon a finding by the mine inspector of abatement of the violation creating the hazardous condition pursuant to which a closure order has been issued as provided in clause (i) of subsection A; cessation of the need to preserve an accident scene as provided in clause (ii) of subsection A; the issuance of a license for the mine if the closure order was issued as provided in clause (iii) of subsection A; or abatement of the violation for which the notice of violation was issued as provided in clause (iv) of subsection A, the Director, the Chief, or a mine inspector shall issue a notice of correction, a copy of which shall be delivered as provided in subsection C.E\n\nThe issuance of a closure order shall constitute a final order of the Department, and the owner or operator of the mine shall not be entitled to administrative review of such decision. The owner or operator of any mine or part thereof for which a closure order has been issued may, within 10 days following the issuance of the order, bring a civil action in the circuit court of the county or city in which the mine, or the greater portion thereof, is located for review of the decision. The commencement of such a proceeding shall not, unless specifically ordered by the court, operate as a stay of the closure order. The court shall promptly hear and determine the matters raised by the owner or operator. In any such action, the court shall receive the records of the Department with respect to the issuance of the order and any additional evidence at the request of any party. In any proceeding under this section, the Attorney General or the attorney for the Commonwealth for the jurisdiction where the mine is located, upon the request of the Director, shall represent the Department.F\n\nThe court shall vacate the closure order if the preponderance of the evidence establishes that the order was not issued in accordance with the provisions of this section.G\n\nIf it is finally determined that a closure order was issued not in accordance with the provisions of this section, the closure order shall be vacated and the improperly issued closure order shall not be used to the detriment of the owner or operator of the mine for which it was issued.","order_by":null,"text":{"0":{"id":244539,"text":"The Director, the Chief, or a mine inspector shall issue a closure order requiring any mine or section thereof cleared of all persons, or equipment removed from use, and refusing further entry into the mine by all persons except those necessary to correct or eliminate a hazardous condition, when (i) a violation of the Act has occurred that creates an imminent danger to the life or health of persons in the mine; (ii) a mine fire, mine explosion, or other serious accident has occurred at the mine, as necessary to preserve the scene of such accident during the investigation of the accident; (iii) a mine is operating without a license in violation of § 45.2-535; or (iv) an operator to whom a notice of violation was issued has failed to abate the violation cited therein within the time period provided in such notice for its abatement; however, a closure order shall not be issued for failure to abate a violation during the pendency of an administrative appeal of the issuance of the notice of violation as provided in subsection D of § 45.2-568.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244540,"text":"A technical specialist may issue a closure order upon discovering a violation creating an imminent danger.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":244541,"text":"One copy of a closure order shall be delivered to the operator of the mine or his agent or the mine foreman.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":244542,"text":"Upon a finding by the mine inspector of abatement of the violation creating the hazardous condition pursuant to which a closure order has been issued as provided in clause (i) of subsection A; cessation of the need to preserve an accident scene as provided in clause (ii) of subsection A; the issuance of a license for the mine if the closure order was issued as provided in clause (iii) of subsection A; or abatement of the violation for which the notice of violation was issued as provided in clause (iv) of subsection A, the Director, the Chief, or a mine inspector shall issue a notice of correction, a copy of which shall be delivered as provided in subsection C.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":244543,"text":"The issuance of a closure order shall constitute a final order of the Department, and the owner or operator of the mine shall not be entitled to administrative review of such decision. The owner or operator of any mine or part thereof for which a closure order has been issued may, within 10 days following the issuance of the order, bring a civil action in the circuit court of the county or city in which the mine, or the greater portion thereof, is located for review of the decision. The commencement of such a proceeding shall not, unless specifically ordered by the court, operate as a stay of the closure order. The court shall promptly hear and determine the matters raised by the owner or operator. In any such action, the court shall receive the records of the Department with respect to the issuance of the order and any additional evidence at the request of any party. In any proceeding under this section, the Attorney General or the attorney for the Commonwealth for the jurisdiction where the mine is located, upon the request of the Director, shall represent the Department.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":244544,"text":"The court shall vacate the closure order if the preponderance of the evidence establishes that the order was not issued in accordance with the provisions of this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":244545,"text":"If it is finally determined that a closure order was issued not in accordance with the provisions of this section, the closure order shall be vacated and the improperly issued closure order shall not be used to the detriment of the owner or operator of the mine for which it was issued.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-569\/","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 1996, chapter 774<\/a>.<\/p>","references":[{"id":69449,"section_number":"45.2-821","catch_line":" Reporting fires; response","order_by":null,"url":"\/45.2-821\/"}],"refers_to":[{"id":72966,"section_number":"45.2-535","catch_line":" License required for operation of a coal mine; term","order_by":null,"url":"\/45.2-535\/"}],"permalink":{"id":222959,"object_type":"law","relational_id":67488,"identifier":"45.2-569","token":"45.2\/II\/A\/5\/8\/45.2-569","url":"\/45.2-569\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-569\/","token":"45.2\/II\/A\/5\/8\/45.2-569","dublin_core":{"Title":" Closure orders","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-569","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Director<\/span>, the Chief<\/span>, or a mine inspector shall issue<\/span> a closure order<\/span> requiring any mine or section thereof cleared of all persons, or equipment removed from use, and refusing further entry into the mine by all persons except those necessary to correct or eliminate a hazardous condition, when (i) a violation of the Act has occurred that creates an imminent danger to the life or health of persons in the mine; (ii) a mine fire, mine explosion, or other serious accident has occurred at the mine, as necessary to preserve the scene of such accident during the investigation of the accident; (iii) a mine is operating without a license in violation of § 45.2-535<\/a>; or (iv) an operator to whom a notice of violation was issued has failed to abate the violation cited therein within the time period provided in such notice for its abatement; however, a closure order<\/span> shall not be issued for failure to abate a violation during the pendency of an administrative appeal<\/span> of the issuance of the notice of violation as provided in subsection D of § 45.2-568<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A technical specialist may issue<\/span> a closure order<\/span> upon discovering a violation creating an imminent danger. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> One copy of a closure order<\/span> shall be delivered to the operator of the mine or his agent or the mine foreman<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon a finding<\/span> by the mine inspector of abatement of the violation creating the hazardous condition pursuant to which a closure order<\/span> has been issued as provided in clause (i) of subsection A; cessation of the need to preserve an accident scene as provided in clause (ii) of subsection A; the issuance of a license for the mine if the closure order<\/span> was issued as provided in clause (iii) of subsection A; or abatement of the violation for which the notice of violation was issued as provided in clause (iv) of subsection A, the Director<\/span>, the Chief<\/span>, or a mine inspector shall issue<\/span> a notice of correction, a copy of which shall be delivered as provided in subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The issuance of a closure order shall constitute a final order<\/span> of the Department<\/span>, and the owner or operator of the mine shall not be entitled to administrative review of such decision. The owner or operator of any mine or part thereof for which a closure order has been issued may, within 10 days following the issuance of the order, bring a civil action<\/span> in the circuit<\/span> court<\/span> of the county or city in which the mine, or the greater portion thereof, is located for review of the decision. The commencement of such a proceeding shall not, unless specifically ordered by the court<\/span>, operate as a stay<\/span> of the closure order. The court<\/span> shall promptly hear and determine the matters raised by the owner or operator. In any such action, the court<\/span> shall receive the records of the Department<\/span> with respect to the issuance of the order and any additional evidence<\/span> at the request of any party<\/span>. In any proceeding under this section, the Attorney General<\/span> or the attorney for the Commonwealth for the jurisdiction<\/span> where the mine is located, upon the request of the Director<\/span>, shall represent the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The court<\/span> shall vacate the closure order if the preponderance of the evidence<\/span> establishes that the order was not issued in accordance with the provisions of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If it is finally determined that a closure order was issued not in accordance with the provisions of this section, the closure order shall be vacated and the improperly issued closure order shall not be used to the detriment of the owner or operator of the mine for which it was issued. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n CLOSURE ORDERS (\u00a7 45.2-569)\n\nA. The Director, the Chief, or a mine inspector shall issue a closure order\nrequiring any mine or section thereof cleared of all persons, or equipment\nremoved from use, and refusing further entry into the mine by all persons except\nthose necessary to correct or eliminate a hazardous condition, when (i) a\nviolation of the Act has occurred that creates an imminent danger to the life or\nhealth of persons in the mine; (ii) a mine fire, mine explosion, or other\nserious accident has occurred at the mine, as necessary to preserve the scene of\nsuch accident during the investigation of the accident; (iii) a mine is\noperating without a license in violation of § 45.2-535; or (iv) an operator\nto whom a notice of violation was issued has failed to abate the violation cited\ntherein within the time period provided in such notice for its abatement;\nhowever, a closure order shall not be issued for failure to abate a violation\nduring the pendency of an administrative appeal of the issuance of the notice of\nviolation as provided in subsection D of § 45.2-568.\n\nB. A technical specialist may issue a closure order upon discovering a violation\ncreating an imminent danger.\n\nC. One copy of a closure order shall be delivered to the operator of the mine or\nhis agent or the mine foreman.\n\nD. Upon a finding by the mine inspector of abatement of the violation creating\nthe hazardous condition pursuant to which a closure order has been issued as\nprovided in clause (i) of subsection A; cessation of the need to preserve an\naccident scene as provided in clause (ii) of subsection A; the issuance of a\nlicense for the mine if the closure order was issued as provided in clause (iii)\nof subsection A; or abatement of the violation for which the notice of violation\nwas issued as provided in clause (iv) of subsection A, the Director, the Chief,\nor a mine inspector shall issue a notice of correction, a copy of which shall be\ndelivered as provided in subsection C.\n\nE. The issuance of a closure order shall constitute a final order of the\nDepartment, and the owner or operator of the mine shall not be entitled to\nadministrative review of such decision. The owner or operator of any mine or\npart thereof for which a closure order has been issued may, within 10 days\nfollowing the issuance of the order, bring a civil action in the circuit court\nof the county or city in which the mine, or the greater portion thereof, is\nlocated for review of the decision. The commencement of such a proceeding shall\nnot, unless specifically ordered by the court, operate as a stay of the closure\norder. The court shall promptly hear and determine the matters raised by the\nowner or operator. In any such action, the court shall receive the records of\nthe Department with respect to the issuance of the order and any additional\nevidence at the request of any party. In any proceeding under this section, the\nAttorney General or the attorney for the Commonwealth for the jurisdiction where\nthe mine is located, upon the request of the Director, shall represent the\nDepartment.\n\nF. The court shall vacate the closure order if the preponderance of the evidence\nestablishes that the order was not issued in accordance with the provisions of\nthis section.\n\nG. If it is finally determined that a closure order was issued not in accordance\nwith the provisions of this section, the closure order shall be vacated and the\nimproperly issued closure order shall not be used to the detriment of the owner\nor operator of the mine for which 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 45.1-161.91; 1996, c. 774; 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}}