                                 CODE OF VIRGINIA

 ADMINISTRATIVE REVIEW OF NOTICE OR ORDER ISSUED UNDER § 45.2-1020 (§
45.2-1025)

A. A permittee who is issued a notice or order pursuant to &#xA7; 45.2-1020, or
any person having an interest that is or could be adversely affected by such
notice or order or by any modification, vacation, or termination of such notice
or order, may apply to the Director for the review of such notice or order
within 30 days of the receipt thereof or within 30 days of its modification,
vacation, or termination. Upon receipt of such application, the Director shall
cause such investigation to be made as he deems appropriate. Such investigation
shall, at the request of the applicant or the person having an interest that is
or could be adversely affected, include a public formal hearing to enable the
applicant or such person to present information relating to the issuance and
continuance of such notice or order or the modification, vacation, or
termination thereof. The filing of an application for review under this
subsection shall not operate as a stay of any order or notice.

B. Upon receiving the report of such investigation, the Director shall make
findings of fact and shall issue a written decision, incorporating therein an
order vacating, affirming, modifying, or terminating the notice or order
complained of. Such order shall incorporate the Director&#8217;s findings of
fact. If the application for review concerns an order for cessation of coal
surface mining and reclamation operations issued pursuant to the provisions of
subsection A or C of &#xA7; 45.2-1020, the Director shall issue the written
decision within 30 days of the receipt of the application for review unless
temporary relief has been granted by the Director pursuant to subsection C or by
a court pursuant to &#xA7; 45.2-1027.

C. Pending completion of the hearing required by this section, the applicant may
file with the Director a written request that the Director grant temporary
relief from any notice or order issued under § 45.2-1020, together with a
detailed statement giving reasons for granting such relief. The Director shall
issue an order granting or denying such relief expeditiously. If the applicant
requests relief from an order for cessation of coal surface mining and
reclamation operations issued pursuant to subsection A or C of § 45.2-1020, the
order on such a request shall be issued within five days of its receipt. The
Director may grant such relief, under such conditions as the Director
prescribes, if:

   1. A hearing has been held in the locality of the permit area on the request
   for temporary relief in which all parties were given an opportunity to be
   heard;

   2. The applicant shows that there is substantial likelihood that the decision
   of the Director will be favorable to the applicant; and

   3. Such relief will not adversely affect the health or safety of the public or
   cause significant imminent environmental harm to land, air, or water
   resources.

D. Following the issuance of an order to show cause as to why a permit should
not be suspended or revoked pursuant to &#xA7; 45.2-1020, the Director shall
hold a public formal hearing, unless waived by the permittee, after giving
written notice of the time, place, and date thereof. Within 60 days following
the formal hearing, the Director shall issue and furnish to the permittee and
every other party to the hearing a written decision concerning suspension or
revocation of the permit and reasons therefor. If the Director revokes the
permit, the permittee shall immediately cease coal surface mining operations on
the permit area and shall complete reclamation within a period specified by the
Director, or the Director shall declare as forfeited the performance bonds for
the operation.

E. The Director may adopt regulations providing for the award of costs and
expenses, including attorney fees, to any party to any administrative
proceedings under this chapter, incurred by such person in connection with his
participation in such proceedings, and may assess such costs and expenses
against any other party as the Director deems proper. For the purpose of this
subsection, &#8220;party&#8221; includes the Commonwealth or any of its agents,
officers, or employees.

HISTORY: 1979, c. 290, § 45.1-249; 1983, c. 93; 2021, Sp. Sess. I, c. 387.