{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-2136.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-2136.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-2136.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-2136.html"}],"law_id":69264,"edition_id":1,"section_id":69264,"structure_id":13445,"section_number":"46.2-2136","catch_line":"Suspension, revocation, and refusal to renew permit or certificate; notice and hearing","history":"2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.","full_text":"A\n\nExcept as provided in subsection D, unless otherwise provided in this chapter, no permit or certificate of fitness issued under this chapter shall be suspended or revoked, or renewal thereof refused, unless the permittee or certificate holder has been furnished a written copy of the complaint against him and 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, or denying renewal of a permit or certificate of fitness shall not become effective until the permittee or certificate holder has, after notice of the opportunity for a hearing, had 30 days 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, or denying renewal of a permit or certificate of fitness and an opportunity for a hearing shall be mailed to the permittee or certificate holder by registered or certified mail at the address as shown on the permit or certificate or other record of information in possession of the Department and shall be considered served when mailed.D\n\nIf the Department makes a finding, after conducting a preliminary investigation, that the conduct of a permittee or certificate holder (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 Department may issue an order suspending the permit or certificate. 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 permittee or certificate holder shall be afforded the opportunity for a hearing within 30 days. The suspension shall remain in effect pending the outcome of the hearing.","order_by":null,"text":{"0":{"id":250610,"text":"Except as provided in subsection D, unless otherwise provided in this chapter, no permit or certificate of fitness issued under this chapter shall be suspended or revoked, or renewal thereof refused, unless the permittee or certificate holder has been furnished a written copy of the complaint against him and 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":250611,"text":"The order suspending, revoking, or denying renewal of a permit or certificate of fitness shall not become effective until the permittee or certificate holder has, after notice of the opportunity for a hearing, had 30 days 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":250612,"text":"Notice of an order suspending, revoking, or denying renewal of a permit or certificate of fitness and an opportunity for a hearing shall be mailed to the permittee or certificate holder by registered or certified mail at the address as shown on the permit or certificate or other record of information in possession of the Department 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":250613,"text":"If the Department makes a finding, after conducting a preliminary investigation, that the conduct of a permittee or certificate holder (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 Department may issue an order suspending the permit or certificate. 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 permittee or certificate holder shall be afforded the opportunity for a hearing within 30 days. The suspension shall remain in effect pending the outcome of the hearing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13445,"edition_id":1,"name":"Motor Carriers of Property -- Generally","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13444,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":232517,"object_type":"structure","relational_id":13445,"identifier":"1","token":"46.2\/V\/21\/1","url":"\/46.2\/V\/21\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13444,"edition_id":1,"name":"Regulation of Property Carriers","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":13318,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":232515,"object_type":"structure","relational_id":13444,"identifier":"21","token":"46.2\/V\/21","url":"\/46.2\/V\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13318,"edition_id":1,"name":"Motor Carriers","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:38","date_modified":"2026-06-26 03:44:38","permalink":{"id":231965,"object_type":"structure","relational_id":13318,"identifier":"V","token":"46.2\/V","url":"\/46.2\/V\/","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":85084,"structure_id":13445,"section_number":"46.2-2100","catch_line":"Definitions","url":"\/46.2-2100\/","token":"46.2\/V\/21\/1\/46.2-2100","metadata":false},{"id":68493,"structure_id":13445,"section_number":"46.2-2101","catch_line":"Exemptions from chapter","url":"\/46.2-2101\/","token":"46.2\/V\/21\/1\/46.2-2101","metadata":false},{"id":86770,"structure_id":13445,"section_number":"46.2-2102","catch_line":"Compliance with chapter required","url":"\/46.2-2102\/","token":"46.2\/V\/21\/1\/46.2-2102","metadata":false},{"id":65539,"structure_id":13445,"section_number":"46.2-2103","catch_line":"Repealed","url":"\/46.2-2103\/","token":"46.2\/V\/21\/1\/46.2-2103","metadata":false},{"id":56247,"structure_id":13445,"section_number":"46.2-2108.1","catch_line":"Disposition of funds collected","url":"\/46.2-2108.1\/","token":"46.2\/V\/21\/1\/46.2-2108.1","metadata":false},{"id":84548,"structure_id":13445,"section_number":"46.2-2108.2","catch_line":"Necessity of a permit or certificate","url":"\/46.2-2108.2\/","token":"46.2\/V\/21\/1\/46.2-2108.2","metadata":false},{"id":59213,"structure_id":13445,"section_number":"46.2-2108.3","catch_line":"Repealed","url":"\/46.2-2108.3\/","token":"46.2\/V\/21\/1\/46.2-2108.3","metadata":false},{"id":65235,"structure_id":13445,"section_number":"46.2-2108.4","catch_line":"Application; notice requirements","url":"\/46.2-2108.4\/","token":"46.2\/V\/21\/1\/46.2-2108.4","metadata":false},{"id":61323,"structure_id":13445,"section_number":"46.2-2108.5","catch_line":"Registered for fuels tax; business, professional, and occupational license taxes","url":"\/46.2-2108.5\/","token":"46.2\/V\/21\/1\/46.2-2108.5","metadata":false},{"id":68542,"structure_id":13445,"section_number":"46.2-2108.6","catch_line":"Considerations for determination of issuance of permit, or certificate","url":"\/46.2-2108.6\/","token":"46.2\/V\/21\/1\/46.2-2108.6","metadata":false},{"id":64408,"structure_id":13445,"section_number":"46.2-2109","catch_line":"Action on applications; hearings on denials and protests","url":"\/46.2-2109\/","token":"46.2\/V\/21\/1\/46.2-2109","metadata":false},{"id":80632,"structure_id":13445,"section_number":"46.2-2110","catch_line":"Repealed","url":"\/46.2-2110\/","token":"46.2\/V\/21\/1\/46.2-2110","metadata":false},{"id":87417,"structure_id":13445,"section_number":"46.2-2114.1","catch_line":"Expired","url":"\/46.2-2114.1\/","token":"46.2\/V\/21\/1\/46.2-2114.1","metadata":false},{"id":73412,"structure_id":13445,"section_number":"46.2-2115","catch_line":"Determination for issuance of permit or certificate","url":"\/46.2-2115\/","token":"46.2\/V\/21\/1\/46.2-2115","metadata":false},{"id":72828,"structure_id":13445,"section_number":"46.2-2116","catch_line":"Repealed","url":"\/46.2-2116\/","token":"46.2\/V\/21\/1\/46.2-2116","metadata":false},{"id":79672,"structure_id":13445,"section_number":"46.2-2117","catch_line":"Temporary emergency operation","url":"\/46.2-2117\/","token":"46.2\/V\/21\/1\/46.2-2117","metadata":false},{"id":75174,"structure_id":13445,"section_number":"46.2-2118","catch_line":"Issuance, expiration, and renewal of permit and certificate","url":"\/46.2-2118\/","token":"46.2\/V\/21\/1\/46.2-2118","metadata":false},{"id":69533,"structure_id":13445,"section_number":"46.2-2119","catch_line":"Repealed","url":"\/46.2-2119\/","token":"46.2\/V\/21\/1\/46.2-2119","metadata":false},{"id":71425,"structure_id":13445,"section_number":"46.2-2120","catch_line":"Filing and application fees","url":"\/46.2-2120\/","token":"46.2\/V\/21\/1\/46.2-2120","metadata":false},{"id":62672,"structure_id":13445,"section_number":"46.2-2121","catch_line":"Vehicle fees","url":"\/46.2-2121\/","token":"46.2\/V\/21\/1\/46.2-2121","metadata":false},{"id":56588,"structure_id":13445,"section_number":"46.2-2121.1","catch_line":"Declaration of for-hire operation; presumption of nonbusiness use","url":"\/46.2-2121.1\/","token":"46.2\/V\/21\/1\/46.2-2121.1","metadata":false},{"id":83423,"structure_id":13445,"section_number":"46.2-2122","catch_line":"Bond and letter of credit requirements of applicants for certificate","url":"\/46.2-2122\/","token":"46.2\/V\/21\/1\/46.2-2122","metadata":false},{"id":72841,"structure_id":13445,"section_number":"46.2-2123","catch_line":"Repealed","url":"\/46.2-2123\/","token":"46.2\/V\/21\/1\/46.2-2123","metadata":false},{"id":76034,"structure_id":13445,"section_number":"46.2-2124","catch_line":"Notice of discontinuance of service","url":"\/46.2-2124\/","token":"46.2\/V\/21\/1\/46.2-2124","metadata":false},{"id":78118,"structure_id":13445,"section_number":"46.2-2125","catch_line":"Reports, records, etc","url":"\/46.2-2125\/","token":"46.2\/V\/21\/1\/46.2-2125","metadata":false},{"id":86441,"structure_id":13445,"section_number":"46.2-2126","catch_line":"Certificate or permit holder not relieved of liability for negligence","url":"\/46.2-2126\/","token":"46.2\/V\/21\/1\/46.2-2126","metadata":false},{"id":58068,"structure_id":13445,"section_number":"46.2-2127","catch_line":"Freight bill violation","url":"\/46.2-2127\/","token":"46.2\/V\/21\/1\/46.2-2127","metadata":false},{"id":58427,"structure_id":13445,"section_number":"46.2-2128","catch_line":"Vehicle seizure; penalty","url":"\/46.2-2128\/","token":"46.2\/V\/21\/1\/46.2-2128","metadata":false},{"id":70819,"structure_id":13445,"section_number":"46.2-2129","catch_line":"Unlawful use of registration and identification markers","url":"\/46.2-2129\/","token":"46.2\/V\/21\/1\/46.2-2129","metadata":false},{"id":56166,"structure_id":13445,"section_number":"46.2-2130","catch_line":"Registration violations; penalties","url":"\/46.2-2130\/","token":"46.2\/V\/21\/1\/46.2-2130","metadata":false},{"id":75052,"structure_id":13445,"section_number":"46.2-2131","catch_line":"Violation; criminal penalties","url":"\/46.2-2131\/","token":"46.2\/V\/21\/1\/46.2-2131","metadata":false},{"id":62350,"structure_id":13445,"section_number":"46.2-2132","catch_line":"Violations; civil penalties","url":"\/46.2-2132\/","token":"46.2\/V\/21\/1\/46.2-2132","metadata":false},{"id":85153,"structure_id":13445,"section_number":"46.2-2133","catch_line":"Grounds for denying, suspending, or revoking certificates","url":"\/46.2-2133\/","token":"46.2\/V\/21\/1\/46.2-2133","metadata":false},{"id":82953,"structure_id":13445,"section_number":"46.2-2134","catch_line":"Grounds for denying, suspending, or revoking permits","url":"\/46.2-2134\/","token":"46.2\/V\/21\/1\/46.2-2134","metadata":false},{"id":71443,"structure_id":13445,"section_number":"46.2-2135","catch_line":"Altering or amending permits or certificates","url":"\/46.2-2135\/","token":"46.2\/V\/21\/1\/46.2-2135","metadata":false},{"id":69264,"structure_id":13445,"section_number":"46.2-2136","catch_line":"Suspension, revocation, and refusal to renew permit or certificate; notice and hearing","url":"\/46.2-2136\/","token":"46.2\/V\/21\/1\/46.2-2136","metadata":false},{"id":65776,"structure_id":13445,"section_number":"46.2-2137","catch_line":"Basis for reinstatement of suspended permits or certificates; reinstatement fees","url":"\/46.2-2137\/","token":"46.2\/V\/21\/1\/46.2-2137","metadata":false},{"id":81379,"structure_id":13445,"section_number":"46.2-2138","catch_line":"Basis for reissuance after revocation of permits or certificates; fees","url":"\/46.2-2138\/","token":"46.2\/V\/21\/1\/46.2-2138","metadata":false},{"id":54406,"structure_id":13445,"section_number":"46.2-2139","catch_line":"Surrender of license plate and registration card; removal by law enforcement; operation of vehicle denied","url":"\/46.2-2139\/","token":"46.2\/V\/21\/1\/46.2-2139","metadata":false},{"id":61219,"structure_id":13445,"section_number":"46.2-2140","catch_line":"Title to plates","url":"\/46.2-2140\/","token":"46.2\/V\/21\/1\/46.2-2140","metadata":false}],"previous_section":{"id":71443,"structure_id":13445,"section_number":"46.2-2135","catch_line":"Altering or amending permits or certificates","url":"\/46.2-2135\/","token":"46.2\/V\/21\/1\/46.2-2135","metadata":false},"next_section":{"id":65776,"structure_id":13445,"section_number":"46.2-2137","catch_line":"Basis for reinstatement of suspended permits or certificates; reinstatement fees","url":"\/46.2-2137\/","token":"46.2\/V\/21\/1\/46.2-2137","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-2136\/","history_text":"<p>This law was first created in 2001. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0596\">596<\/a> 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. 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 2011, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0881\">881<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0889\">889<\/a>; in 2017, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0790\">790<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0815\">815<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":232659,"object_type":"law","relational_id":69264,"identifier":"46.2-2136","token":"46.2\/V\/21\/1\/46.2-2136","url":"\/46.2-2136\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-2136\/","token":"46.2\/V\/21\/1\/46.2-2136","dublin_core":{"Title":"Suspension, revocation, and refusal to renew permit or certificate; notice and hearing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-2136","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Except as provided in subsection D, unless otherwise provided in this chapter, no <span class=\"dictionary\">permit<\/span> or <span class=\"dictionary\">certificate of fitness<\/span> issued under this chapter shall be suspended or revoked, or renewal thereof refused, unless the permittee or certificate holder has been furnished a written copy of the complaint against him and the grounds upon which the action is taken and has been offered an opportunity for an administrative <span class=\"dictionary\">hearing<\/span> to show cause why such action should not be taken. <a id=\"paragraph-250610\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-2136\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">order<\/span> suspending, revoking, or denying renewal of a <span class=\"dictionary\">permit<\/span> or <span class=\"dictionary\">certificate of fitness<\/span> shall not become effective until the permittee or certificate holder has, after notice of the opportunity for a <span class=\"dictionary\">hearing<\/span>, had 30 days to make a written request for such a <span class=\"dictionary\">hearing<\/span>. If no <span class=\"dictionary\">hearing<\/span> has been requested within such 30-day period, the <span class=\"dictionary\">order<\/span> shall become effective and no <span class=\"dictionary\">hearing<\/span> shall thereafter be held. A timely request for a <span class=\"dictionary\">hearing<\/span> shall automatically <span class=\"dictionary\">stay<\/span> operation of the <span class=\"dictionary\">order<\/span> until after the <span class=\"dictionary\">hearing<\/span>. <a id=\"paragraph-250611\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-2136\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Notice of an <span class=\"dictionary\">order<\/span> suspending, revoking, or denying renewal of a <span class=\"dictionary\">permit<\/span> or <span class=\"dictionary\">certificate of fitness<\/span> and an opportunity for a <span class=\"dictionary\">hearing<\/span> shall be mailed to the permittee or certificate holder by registered or certified mail at the address as shown on the <span class=\"dictionary\">permit<\/span> or certificate or other record of information in <span class=\"dictionary\">possession<\/span> of the <span class=\"dictionary\">Department<\/span> and shall be considered served when mailed. <a id=\"paragraph-250612\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-2136\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> If the <span class=\"dictionary\">Department<\/span> makes a <span class=\"dictionary\">finding<\/span>, after conducting a preliminary investigation, that the conduct of a permittee or certificate holder (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 <span class=\"dictionary\">Department<\/span> may <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">order<\/span> suspending the <span class=\"dictionary\">permit<\/span> or certificate. Notice of the <span class=\"dictionary\">suspension<\/span> shall be in writing and mailed in accordance with subsection C. Upon receipt of a request for a <span class=\"dictionary\">hearing<\/span> appealing the <span class=\"dictionary\">suspension<\/span>, the permittee or certificate holder shall be afforded the opportunity for a <span class=\"dictionary\">hearing<\/span> within 30 days. The <span class=\"dictionary\">suspension<\/span> shall remain in effect pending the outcome of the <span class=\"dictionary\">hearing<\/span>. <a id=\"paragraph-250613\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-2136\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSUSPENSION, REVOCATION, AND REFUSAL TO RENEW PERMIT OR CERTIFICATE; NOTICE AND\nHEARING (\u00a7 46.2-2136)\n\nA. Except as provided in subsection D, unless otherwise provided in this\nchapter, no permit or certificate of fitness issued under this chapter shall be\nsuspended or revoked, or renewal thereof refused, unless the permittee or\ncertificate holder has been furnished a written copy of the complaint against\nhim and 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, or denying renewal of a permit or certificate\nof fitness shall not become effective until the permittee or certificate holder\nhas, after notice of the opportunity for a hearing, had 30 days 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, or denying renewal of a permit or\ncertificate of fitness and an opportunity for a hearing shall be mailed to the\npermittee or certificate holder by registered or certified mail at the address\nas shown on the permit or certificate or other record of information in\npossession of the Department and shall be considered served when mailed.\n\nD. If the Department makes a finding, after conducting a preliminary\ninvestigation, that the conduct of a permittee or certificate holder (i) is in\nviolation of this chapter or regulations adopted pursuant to this chapter and\n(ii) such violation constitutes a danger to public safety, the Department may\nissue an order suspending the permit or certificate. Notice of the suspension\nshall be in writing and mailed in accordance with subsection C. Upon receipt of\na request for a hearing appealing the suspension, the permittee or certificate\nholder shall be afforded the opportunity for a hearing within 30 days. The\nsuspension shall remain in effect pending the outcome of the hearing.\n\nHISTORY: 2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.","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}}