{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1705.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1705.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1705.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1705.html"}],"law_id":58859,"edition_id":1,"section_id":58859,"structure_id":15453,"section_number":"46.2-1705","catch_line":"Suspension, revocation, cancellation, or refusal to renew license; limitations on operations; imposition of monetary penalties","history":"1991, c. 214; 2000, c. 179; 2004, c. 587; 2025, c. 79.","full_text":"A\n\nExcept as otherwise provided in this section, (i) no license issued under this chapter shall be suspended, revoked, or cancelled or renewal thereof denied; (ii) no limitation on operations shall be imposed pursuant to subsection F; and (iii) no monetary penalty shall be imposed pursuant to § 46.2-1706, unless the licensee has been furnished a written copy of the complaint against him with the grounds upon which the action is taken and has been offered an opportunity for an administrative hearing to show cause why such action should not be taken.B\n\nThe order suspending, revoking, cancelling, or denying renewal of a license, imposing a limitation on operation, or imposing a monetary penalty, except as otherwise provided in subsection E, shall not become effective until the licensee has had 30 days after notice of the opportunity for a hearing to make a written request for such a hearing. If no hearing has been requested within such 30-day period, the order shall become effective and no hearing shall thereafter be held. A timely request for a hearing shall automatically stay operation of the order until after the hearing.C\n\nNotice of an order suspending, revoking, cancelling or denying renewal of a license, imposing a limitation on operation, or imposing a monetary penalty and advising the licensee of the opportunity for a hearing shall be mailed to the licensee by registered mail to the school address as shown on the licensee’s most recent application for license and shall be considered served when mailed.D\n\nA licensee whose license has been revoked may reapply for a license after a period to be determined by the Commissioner, not to exceed five years, considering (i) the number and severity of current violations, (ii) the number and severity of past violations, (iii) any past revocations or suspensions, (iv) highway safety concerns, and (v) public safety concerns. No licensee who has been denied renewal shall apply for a new license within 180 days of such action.E\n\nNotwithstanding the provisions of subsection B, an order suspending, revoking, cancelling, or denying renewal of an instructor license shall be effective immediately if the order is based upon a finding by the Commissioner (i) that the instructor’s driving record is such that he is not presently qualified to act as an instructor or (ii) that he is otherwise a danger to the safety of his students or the public. Such finding by the Commissioner shall be based on records of driver’s license suspension or revocation, upon records of conviction of serious motor vehicle related offenses punishable as a misdemeanor or felony including driving under the influence or reckless driving, and upon such other criteria as the Commissioner may establish by regulation.\n\t\t\tNotice of the order of suspension, revocation, cancellation, or denial shall be in writing and mailed in accordance with subsection C. Upon receipt of a request for a hearing appealing the suspension, revocation, cancellation, or denial, the licensee shall be afforded the opportunity for a hearing as soon as practicable, but in no case later than 30 days from receipt of the hearing request. The order shall remain in effect pending the outcome of the hearing.F\n\nIf the Commissioner makes a finding that the conduct of a licensee is in violation of this chapter or regulations adopted pursuant to this chapter, he may suspend, revoke, cancel, or refuse to renew the license of such licensee or may order the licensee, in accordance with subsections A, B, and C, to limit the types of driver education training provided, restrict the use of the licensee’s training vehicles, or both. Whenever the Commissioner takes action limiting operations under this subsection, the Commissioner shall require the licensee to post conspicuous notice of the Commissioner’s action under this subsection at the same location as the licensee’s license was issued under this chapter, as soon as the Commissioner’s order becomes effective. Orders of the Commissioner limiting operations and requiring posting of notices shall remain in effect until (i) the time period for the limitations or restriction has expired and the Commissioner makes a finding that the violations causing the imposition of such limitations or restrictions have been remedied by the licensee or (ii) the Commissioner’s order is lifted as the result of an appeal under § 46.2-1704 or by a court of competent jurisdiction.\n\t\t\tNo investigation of a licensee, driver training school owner, or employee of a driver training school shall terminate or abate upon the surrender of a license required pursuant to § 46.2-1701, nor shall any such surrender impair the Commissioner’s ability to impose any sanction or remedy authorized pursuant to this chapter.G\n\nIf the Commissioner makes a finding, after conducting a preliminary investigation, that the conduct of a licensee (i) is in violation of this chapter or regulations adopted pursuant to this chapter and (ii) such violation constitutes a danger to public safety, the Commissioner may issue an order suspending the licensee’s license to operate a driver training school. Notice of the suspension shall be in writing and mailed in accordance with subsection C. Upon receipt of a request for a hearing appealing the suspension, the licensee shall be afforded the opportunity for a hearing as soon as practicable, but in no case later than 30 days from receipt of the hearing request. The suspension shall remain in effect pending the outcome of the hearing.H\n\nThe Commissioner may suspend, revoke, or refuse to renew any license issued pursuant to this chapter for any conduct prohibited pursuant to § 46.2-1707.","order_by":null,"text":{"0":{"id":215620,"text":"Except as otherwise provided in this section, (i) no license issued under this chapter shall be suspended, revoked, or cancelled or renewal thereof denied; (ii) no limitation on operations shall be imposed pursuant to subsection F; and (iii) no monetary penalty shall be imposed pursuant to § 46.2-1706, unless the licensee has been furnished a written copy of the complaint against him with the grounds upon which the action is taken and has been offered an opportunity for an administrative hearing to show cause why such action should not be taken.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":215621,"text":"The order suspending, revoking, cancelling, or denying renewal of a license, imposing a limitation on operation, or imposing a monetary penalty, except as otherwise provided in subsection E, shall not become effective until the licensee has had 30 days after notice of the opportunity for a hearing to make a written request for such a hearing. If no hearing has been requested within such 30-day period, the order shall become effective and no hearing shall thereafter be held. A timely request for a hearing shall automatically stay operation of the order until after the hearing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":215622,"text":"Notice of an order suspending, revoking, cancelling or denying renewal of a license, imposing a limitation on operation, or imposing a monetary penalty and advising the licensee of the opportunity for a hearing shall be mailed to the licensee by registered mail to the school address as shown on the licensee’s most recent application for license and shall be considered served when mailed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":215623,"text":"A licensee whose license has been revoked may reapply for a license after a period to be determined by the Commissioner, not to exceed five years, considering (i) the number and severity of current violations, (ii) the number and severity of past violations, (iii) any past revocations or suspensions, (iv) highway safety concerns, and (v) public safety concerns. No licensee who has been denied renewal shall apply for a new license within 180 days of such action.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":215624,"text":"Notwithstanding the provisions of subsection B, an order suspending, revoking, cancelling, or denying renewal of an instructor license shall be effective immediately if the order is based upon a finding by the Commissioner (i) that the instructor’s driving record is such that he is not presently qualified to act as an instructor or (ii) that he is otherwise a danger to the safety of his students or the public. Such finding by the Commissioner shall be based on records of driver’s license suspension or revocation, upon records of conviction of serious motor vehicle related offenses punishable as a misdemeanor or felony including driving under the influence or reckless driving, and upon such other criteria as the Commissioner may establish by regulation.\n\t\t\tNotice of the order of suspension, revocation, cancellation, or denial shall be in writing and mailed in accordance with subsection C. Upon receipt of a request for a hearing appealing the suspension, revocation, cancellation, or denial, the licensee shall be afforded the opportunity for a hearing as soon as practicable, but in no case later than 30 days from receipt of the hearing request. The order shall remain in effect pending the outcome of the hearing.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":215625,"text":"If the Commissioner makes a finding that the conduct of a licensee is in violation of this chapter or regulations adopted pursuant to this chapter, he may suspend, revoke, cancel, or refuse to renew the license of such licensee or may order the licensee, in accordance with subsections A, B, and C, to limit the types of driver education training provided, restrict the use of the licensee’s training vehicles, or both. Whenever the Commissioner takes action limiting operations under this subsection, the Commissioner shall require the licensee to post conspicuous notice of the Commissioner’s action under this subsection at the same location as the licensee’s license was issued under this chapter, as soon as the Commissioner’s order becomes effective. Orders of the Commissioner limiting operations and requiring posting of notices shall remain in effect until (i) the time period for the limitations or restriction has expired and the Commissioner makes a finding that the violations causing the imposition of such limitations or restrictions have been remedied by the licensee or (ii) the Commissioner’s order is lifted as the result of an appeal under § 46.2-1704 or by a court of competent jurisdiction.\n\t\t\tNo investigation of a licensee, driver training school owner, or employee of a driver training school shall terminate or abate upon the surrender of a license required pursuant to § 46.2-1701, nor shall any such surrender impair the Commissioner’s ability to impose any sanction or remedy authorized pursuant to this chapter.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":215626,"text":"If the Commissioner makes a finding, after conducting a preliminary investigation, that the conduct of a licensee (i) is in violation of this chapter or regulations adopted pursuant to this chapter and (ii) such violation constitutes a danger to public safety, the Commissioner may issue an order suspending the licensee’s license to operate a driver training school. Notice of the suspension shall be in writing and mailed in accordance with subsection C. Upon receipt of a request for a hearing appealing the suspension, the licensee shall be afforded the opportunity for a hearing as soon as practicable, but in no case later than 30 days from receipt of the hearing request. The suspension shall remain in effect pending the outcome of the hearing.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":215627,"text":"The Commissioner may suspend, revoke, or refuse to renew any license issued pursuant to this chapter for any conduct prohibited pursuant to § 46.2-1707.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":15453,"edition_id":1,"name":"Driver Training Schools, Generally","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14445,"metadata":{},"date_created":"2026-06-26 03:55:08","date_modified":"2026-06-26 03:55:08","permalink":{"id":231869,"object_type":"structure","relational_id":15453,"identifier":"1","token":"46.2\/IV\/17\/1","url":"\/46.2\/IV\/17\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14445,"edition_id":1,"name":"Driver Training Schools","identifier":"17","label":"chapter","depth":3,"order_by":1,"parent_id":13355,"metadata":{},"date_created":"2026-06-26 03:48:10","date_modified":"2026-06-26 03:48:10","permalink":{"id":231867,"object_type":"structure","relational_id":14445,"identifier":"17","token":"46.2\/IV\/17","url":"\/46.2\/IV\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13355,"edition_id":1,"name":"Dealers and Driver Training Schools","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231065,"object_type":"structure","relational_id":13355,"identifier":"IV","token":"46.2\/IV","url":"\/46.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87240,"structure_id":15453,"section_number":"46.2-1700","catch_line":"Definitions","url":"\/46.2-1700\/","token":"46.2\/IV\/17\/1\/46.2-1700","metadata":false},{"id":86416,"structure_id":15453,"section_number":"46.2-1701","catch_line":"Licenses required for school and instructor; fees","url":"\/46.2-1701\/","token":"46.2\/IV\/17\/1\/46.2-1701","metadata":false},{"id":70361,"structure_id":15453,"section_number":"46.2-1701.1","catch_line":"Bond of applicants","url":"\/46.2-1701.1\/","token":"46.2\/IV\/17\/1\/46.2-1701.1","metadata":false},{"id":79825,"structure_id":15453,"section_number":"46.2-1701.2","catch_line":"Schools required to have established places of business","url":"\/46.2-1701.2\/","token":"46.2\/IV\/17\/1\/46.2-1701.2","metadata":false},{"id":68531,"structure_id":15453,"section_number":"46.2-1701.3","catch_line":"Records to be maintained; certification of classes","url":"\/46.2-1701.3\/","token":"46.2\/IV\/17\/1\/46.2-1701.3","metadata":false},{"id":78074,"structure_id":15453,"section_number":"46.2-1701.3:1","catch_line":"Behind-the-wheel examinations","url":"\/46.2-1701.3_1\/","token":"46.2\/IV\/17\/1\/46.2-1701.3_1","metadata":false},{"id":77596,"structure_id":15453,"section_number":"46.2-1701.4","catch_line":"Reports and records of licensed computer-based driver education providers","url":"\/46.2-1701.4\/","token":"46.2\/IV\/17\/1\/46.2-1701.4","metadata":false},{"id":80192,"structure_id":15453,"section_number":"46.2-1702","catch_line":"Certification of driver education courses by Commissioner","url":"\/46.2-1702\/","token":"46.2\/IV\/17\/1\/46.2-1702","metadata":false},{"id":69466,"structure_id":15453,"section_number":"46.2-1703","catch_line":"Authority to promulgate regulations","url":"\/46.2-1703\/","token":"46.2\/IV\/17\/1\/46.2-1703","metadata":false},{"id":68286,"structure_id":15453,"section_number":"46.2-1704","catch_line":"Action on applications; hearing on denial","url":"\/46.2-1704\/","token":"46.2\/IV\/17\/1\/46.2-1704","metadata":false},{"id":58859,"structure_id":15453,"section_number":"46.2-1705","catch_line":"Suspension, revocation, cancellation, or refusal to renew license; limitations on operations; imposition of monetary penalties","url":"\/46.2-1705\/","token":"46.2\/IV\/17\/1\/46.2-1705","metadata":false},{"id":70561,"structure_id":15453,"section_number":"46.2-1706","catch_line":"Civil penalties","url":"\/46.2-1706\/","token":"46.2\/IV\/17\/1\/46.2-1706","metadata":false},{"id":85943,"structure_id":15453,"section_number":"46.2-1707","catch_line":"Unlawful acts; prosecution; proceedings in equity","url":"\/46.2-1707\/","token":"46.2\/IV\/17\/1\/46.2-1707","metadata":false}],"previous_section":{"id":68286,"structure_id":15453,"section_number":"46.2-1704","catch_line":"Action on applications; hearing on denial","url":"\/46.2-1704\/","token":"46.2\/IV\/17\/1\/46.2-1704","metadata":false},"next_section":{"id":70561,"structure_id":15453,"section_number":"46.2-1706","catch_line":"Civil penalties","url":"\/46.2-1706\/","token":"46.2\/IV\/17\/1\/46.2-1706","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1705\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 214 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 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 2000, chapter 179<\/a>; in 2004, chapter 587<\/a>; in 2025, chapter 79<\/a>.<\/p>","references":[{"id":61645,"section_number":"46.2-326.1","catch_line":"Designation of commercial driver's license skills testing examiners","order_by":null,"url":"\/46.2-326.1\/"}],"refers_to":[{"id":86416,"section_number":"46.2-1701","catch_line":"Licenses required for school and instructor; fees","order_by":null,"url":"\/46.2-1701\/"},{"id":68286,"section_number":"46.2-1704","catch_line":"Action on applications; hearing on denial","order_by":null,"url":"\/46.2-1704\/"},{"id":70561,"section_number":"46.2-1706","catch_line":"Civil penalties","order_by":null,"url":"\/46.2-1706\/"},{"id":85943,"section_number":"46.2-1707","catch_line":"Unlawful acts; prosecution; proceedings in equity","order_by":null,"url":"\/46.2-1707\/"}],"permalink":{"id":231911,"object_type":"law","relational_id":58859,"identifier":"46.2-1705","token":"46.2\/IV\/17\/1\/46.2-1705","url":"\/46.2-1705\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1705\/","token":"46.2\/IV\/17\/1\/46.2-1705","dublin_core":{"Title":"Suspension, revocation, cancellation, or refusal to renew license; limitations on operations; imposition of monetary penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1705","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in this section, (i) no license issued under this chapter shall be suspended, revoked, or cancelled or renewal thereof denied; (ii) no limitation on operations shall be imposed pursuant to subsection F; and (iii) no monetary penalty<\/span> shall be imposed pursuant to § 46.2-1706<\/a>, unless the licensee has been furnished a written copy of the complaint against him with the grounds upon which the action is taken and has been offered an opportunity for an administrative hearing<\/span> to show cause why such action should not be taken. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The order<\/span> suspending, revoking, cancelling, or denying renewal of a license, imposing a limitation on operation, or imposing a monetary penalty<\/span>, except as otherwise provided in subsection E, shall not become effective until the licensee has had 30 days after notice of the opportunity for a hearing<\/span> to make a written request for such a hearing<\/span>. If no hearing<\/span> has been requested within such 30-day period, the order<\/span> shall become effective and no hearing<\/span> shall thereafter be held. A timely request for a hearing<\/span> shall automatically stay<\/span> operation of the order<\/span> until after the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notice of an order<\/span> suspending, revoking, cancelling or denying renewal of a license, imposing a limitation on operation, or imposing a monetary penalty<\/span> and advising the licensee of the opportunity for a hearing<\/span> shall be mailed to the licensee by registered mail to the school<\/span> address as shown on the licensee’s most recent application for license and shall be considered served when mailed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A licensee whose license has been revoked may reapply for a license after a period to be determined by the Commissioner<\/span>, not to exceed five years, considering (i) the number and severity of current violations, (ii) the number and severity of past violations, (iii) any past revocations<\/span> or suspensions<\/span>, (iv) highway<\/span> safety concerns, and (v) public safety concerns. No licensee who has been denied renewal shall apply for a new license within 180 days of such action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the provisions of subsection B, an order<\/span> suspending, revoking, cancelling, or denying renewal of an instructor<\/span> license shall be effective immediately if the order<\/span> is based upon a finding<\/span> by the Commissioner<\/span> (i) that the instructor<\/span>’s driving record is such that he is not presently qualified to act as an instructor<\/span> or (ii) that he is otherwise a danger to the safety of his students or the public. Such finding<\/span> by the Commissioner<\/span> shall be based on records of driver<\/span>’s license suspension<\/span> or revocation<\/span>, upon records of conviction<\/span> of serious motor vehicle<\/span> related offenses<\/span> punishable as a misdemeanor<\/span> or felony<\/span> including driving under the influence or reckless driving<\/span>, and upon such other criteria as the Commissioner<\/span> may establish by regulation.\n\t\t\tNotice of the order<\/span> of suspension<\/span>, revocation<\/span>, cancellation<\/span>, or denial shall be in writing and mailed in accordance with subsection C. Upon receipt of a request for a hearing<\/span> appealing the suspension<\/span>, revocation<\/span>, cancellation<\/span>, or denial, the licensee shall be afforded the opportunity for a hearing<\/span> as soon as practicable, but in no case later than 30 days from receipt of the hearing<\/span> request. The order<\/span> shall remain in effect pending the outcome of the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the Commissioner<\/span> makes a finding<\/span> that the conduct of a licensee is in violation of this chapter or regulations adopted pursuant to this chapter, he may suspend<\/span>, revoke<\/span>, cancel<\/span>, or refuse to renew the license of such licensee or may order<\/span> the licensee, in accordance with subsections A, B, and C, to limit the types of driver education training provided, restrict the use of the licensee’s training vehicles<\/span>, or both. Whenever the Commissioner<\/span> takes action limiting operations under this subsection, the Commissioner<\/span> shall require the licensee to post conspicuous notice of the Commissioner<\/span>’s action under this subsection at the same location as the licensee’s license was issued under this chapter, as soon as the Commissioner<\/span>’s order<\/span> becomes effective. Orders<\/span> of the Commissioner<\/span> limiting operations and requiring posting of notices shall remain in effect until (i) the time period for the limitations or restriction has expired and the Commissioner<\/span> makes a finding<\/span> that the violations causing the imposition of such limitations or restrictions have been remedied by the licensee or (ii) the Commissioner<\/span>’s order<\/span> is lifted as the result of an appeal<\/span> under § 46.2-1704<\/a> or by a court<\/span> of competent jurisdiction<\/span>.\n\t\t\tNo investigation of a licensee, driver training school<\/span> owner<\/span>, or employee of a driver training school<\/span> shall terminate or abate upon the surrender of a license required pursuant to § 46.2-1701<\/a>, nor shall any such surrender impair the Commissioner<\/span>’s ability to impose any sanction<\/span> or remedy authorized pursuant to this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If the Commissioner<\/span> makes a finding<\/span>, after conducting a preliminary investigation, that the conduct of a licensee (i) is in violation of this chapter or regulations adopted pursuant to this chapter and (ii) such violation constitutes a danger to public safety, the Commissioner<\/span> may issue<\/span> an order<\/span> suspending the licensee’s license to operate a driver training school<\/span>. Notice of the suspension<\/span> shall be in writing and mailed in accordance with subsection C. Upon receipt of a request for a hearing<\/span> appealing the suspension<\/span>, the licensee shall be afforded the opportunity for a hearing<\/span> as soon as practicable, but in no case later than 30 days from receipt of the hearing<\/span> request. The suspension<\/span> shall remain in effect pending the outcome of the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Commissioner<\/span> may suspend<\/span>, revoke<\/span>, or refuse to renew any license issued pursuant to this chapter for any conduct prohibited pursuant to § 46.2-1707<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUSPENSION, REVOCATION, CANCELLATION, OR REFUSAL TO RENEW LICENSE; LIMITATIONS\nON OPERATIONS; IMPOSITION OF MONETARY PENALTIES (\u00a7 46.2-1705)\n\nA. Except as otherwise provided in this section, (i) no license issued under\nthis chapter shall be suspended, revoked, or cancelled or renewal thereof\ndenied; (ii) no limitation on operations shall be imposed pursuant to subsection\nF; and (iii) no monetary penalty shall be imposed pursuant to § 46.2-1706,\nunless the licensee has been furnished a written copy of the complaint against\nhim with the grounds upon which the action is taken and has been offered an\nopportunity for an administrative hearing to show cause why such action should\nnot be taken.\n\nB. The order suspending, revoking, cancelling, or denying renewal of a license,\nimposing a limitation on operation, or imposing a monetary penalty, except as\notherwise provided in subsection E, shall not become effective until the\nlicensee has had 30 days after notice of the opportunity for a hearing to make a\nwritten request for such a hearing. If no hearing has been requested within such\n30-day period, the order shall become effective and no hearing shall thereafter\nbe held. A timely request for a hearing shall automatically stay operation of\nthe order until after the hearing.\n\nC. Notice of an order suspending, revoking, cancelling or denying renewal of a\nlicense, imposing a limitation on operation, or imposing a monetary penalty and\nadvising the licensee of the opportunity for a hearing shall be mailed to the\nlicensee by registered mail to the school address as shown on the\nlicensee’s most recent application for license and shall be considered\nserved when mailed.\n\nD. A licensee whose license has been revoked may reapply for a license after a\nperiod to be determined by the Commissioner, not to exceed five years,\nconsidering (i) the number and severity of current violations, (ii) the number\nand severity of past violations, (iii) any past revocations or suspensions, (iv)\nhighway safety concerns, and (v) public safety concerns. No licensee who has\nbeen denied renewal shall apply for a new license within 180 days of such\naction.\n\nE. Notwithstanding the provisions of subsection B, an order suspending,\nrevoking, cancelling, or denying renewal of an instructor license shall be\neffective immediately if the order is based upon a finding by the Commissioner\n(i) that the instructor’s driving record is such that he is not presently\nqualified to act as an instructor or (ii) that he is otherwise a danger to the\nsafety of his students or the public. Such finding by the Commissioner shall be\nbased on records of driver’s license suspension or revocation, upon\nrecords of conviction of serious motor vehicle related offenses punishable as a\nmisdemeanor or felony including driving under the influence or reckless driving,\nand upon such other criteria as the Commissioner may establish by regulation.\n\t\t\tNotice of the order of suspension, revocation, cancellation, or denial shall\nbe in writing and mailed in accordance with subsection C. Upon receipt of a\nrequest for a hearing appealing the suspension, revocation, cancellation, or\ndenial, the licensee shall be afforded the opportunity for a hearing as soon as\npracticable, but in no case later than 30 days from receipt of the hearing\nrequest. The order shall remain in effect pending the outcome of the hearing.\n\nF. If the Commissioner makes a finding that the conduct of a licensee is in\nviolation of this chapter or regulations adopted pursuant to this chapter, he\nmay suspend, revoke, cancel, or refuse to renew the license of such licensee or\nmay order the licensee, in accordance with subsections A, B, and C, to limit the\ntypes of driver education training provided, restrict the use of the\nlicensee’s training vehicles, or both. Whenever the Commissioner takes\naction limiting operations under this subsection, the Commissioner shall require\nthe licensee to post conspicuous notice of the Commissioner’s action under\nthis subsection at the same location as the licensee’s license was issued\nunder this chapter, as soon as the Commissioner’s order becomes effective.\nOrders of the Commissioner limiting operations and requiring posting of notices\nshall remain in effect until (i) the time period for the limitations or\nrestriction has expired and the Commissioner makes a finding that the violations\ncausing the imposition of such limitations or restrictions have been remedied by\nthe licensee or (ii) the Commissioner’s order is lifted as the result of\nan appeal under § 46.2-1704 or by a court of competent jurisdiction.\n\t\t\tNo investigation of a licensee, driver training school owner, or employee of\na driver training school shall terminate or abate upon the surrender of a\nlicense required pursuant to § 46.2-1701, nor shall any such surrender\nimpair the Commissioner’s ability to impose any sanction or remedy\nauthorized pursuant to this chapter.\n\nG. If the Commissioner makes a finding, after conducting a preliminary\ninvestigation, that the conduct of a licensee (i) is in violation of this\nchapter or regulations adopted pursuant to this chapter and (ii) such violation\nconstitutes a danger to public safety, the Commissioner may issue an order\nsuspending the licensee’s license to operate a driver training school.\nNotice of the suspension shall be in writing and mailed in accordance with\nsubsection C. Upon receipt of a request for a hearing appealing the suspension,\nthe licensee shall be afforded the opportunity for a hearing as soon as\npracticable, but in no case later than 30 days from receipt of the hearing\nrequest. The suspension shall remain in effect pending the outcome of the\nhearing.\n\nH. The Commissioner may suspend, revoke, or refuse to renew any license issued\npursuant to this chapter for any conduct prohibited pursuant to §\n46.2-1707.\n\nHISTORY: 1991, c. 214; 2000, c. 179; 2004, c. 587; 2025, c. 79.","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}}