                                 CODE OF VIRGINIA

 NOTICES OF VIOLATIONS (§ 45.2-1157)

A. If the Director 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 Mineral Mine Safety
Act or the appropriate regulation violated, and shall include an order of
abatement and set a reasonable time for abatement of the violation.

B. A copy of the notice of violation shall be delivered to the licensed operator
or his agent or the mine foreman and to any independent contractor whose
employees were exposed to a hazard related to the violation.

C. Upon a finding by the mine inspector of the completion of the action required
to abate such violation, the Director or the mine inspector shall issue a notice
of correction, a copy of which shall be delivered as provided in subsection B.

D. 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 Director, pursuant to &#xA7;
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 &#xA7; 2.2-4020. The
formal hearing shall be presided over by a hearing officer pursuant to &#xA7;
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 (&#xA7; 2.2-4025 et seq.) of the Administrative Process Act.

E. If it is finally determined that a notice of violation was not issued in
accordance with the provisions of this section, such 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.

HISTORY: 1997, c. 390, § 45.1-161.292:63; 1998, c. 695; 2021, Sp. Sess. I, c.
387.