                                 CODE OF VIRGINIA

 DENIAL OR REVOCATION OF LICENSE (§ 45.2-1127)

A. The Director may deny an application for, or revoke a license for, the
operation of a mineral mine upon determining that the applicant, the licensed
operator, or the agent of such applicant or operator has committed violations of
the mine safety laws of the Commonwealth that demonstrate a pattern of willful
violations resulting in an imminent danger to miners.

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

D. Any person whose license is denied or 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 regarding 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 such relief as the court
determines appropriate.

HISTORY: 1997, c. 390, § 45.1-161.292:33; 1998, c. 695; 2021, Sp. Sess. I, c.
387.