                                 CODE OF VIRGINIA

 DENIAL OR REVOCATION OF LICENSE FOR THE OPERATION OF A COAL MINE (§ 45.2-538)

A. The Chief may revoke a license for the operation of a coal mine or deny an
application for the issuance of a license for the operation of a coal mine upon
determining that the applicant, the operator, or the operator&#8217;s agent has
committed violations of the mine safety laws of the Commonwealth, including
regulations adopted by the Department or the Board of Coal Mining Examiners,
that demonstrate a pattern of willful violations resulting in an imminent danger
to miners.

B. The Chief may revoke every license issued to any person for the operation of
a coal mine and may deny every application by a person for the issuance of a
license for the operation of a coal mine who has been convicted of knowingly
permitting a miner to work in an underground coal mine where a methane monitor
or other device capable of detecting the presence of explosive gases was
impaired, disturbed, disconnected, bypassed, or otherwise tampered with in
violation of &#xA7; 45.2-849.

C. The Chief may revoke every license issued to any person for the operation of
a coal mine and may deny every application by a person for the issuance of a
license for the operation of a coal mine who has been convicted of violating
subsection A of &#xA7; 45.2-856 or 45.2-857.

D. Any person whose license application is denied or whose license is revoked
pursuant to subsection A, B, or C may bring a civil action in the circuit court
of the city or county in which the mine is located for review of the decision.
The commencement of such proceeding shall not, unless specifically ordered by
the court, operate as a stay of the decision. The court shall promptly hear and
determine the matters raised by the aggrieved party. In any such action, the
court shall receive the records of the Department with respect to the
determination and shall receive additional evidence at the request of any party.
The court, basing its decision on the preponderance of the evidence, shall grant
relief that the court determines appropriate.

HISTORY: 1993, c. 247, § 45.1-22.1, c. 389, § 45.1-98.4; 1994, c. 28, §
45.1-161.60; 1997, c. 390; 2021, Sp. Sess. I, c. 387.