                                 CODE OF VIRGINIA

 CLOSURE ORDERS (§ 45.2-1158)

A. The Director or a mine inspector shall issue a closure order requiring that a
mine or section thereof be cleared of all persons, or that equipment be removed
from use, and refusing further entry into the mine of any person except a person
who is necessary to correct or eliminate a hazardous condition when (i) a
violation of the Act has occurred and creates an imminent danger to the life or
health of any person in the mine; (ii) a mine fire, mine explosion, or other
serious accident has occurred at the mine, making it necessary to preserve the
scene of such accident during the investigation of the accident; (iii) a mine is
operating without a license, as provided by &#xA7; 45.2-1124; or (iv) an
operator to whom a notice of violation was issued has failed to abate the
violation cited therein within the time period provided in such notice for its
abatement. However, a closure order shall not be issued for failure to abate a
violation during the pendency of an administrative appeal of the issuance of the
notice of violation as provided in subsection D of &#xA7; 45.2-1157. In
addition, a technical specialist may issue a closure order upon discovering a
violation creating an imminent danger.

B. One copy of the closure order shall be delivered to (i) the licensed operator
of the mine, his agent, or the mine foreman and (ii) any independent contractor
working in the area of the mine affected by the closure order.

C. Upon a finding by the mine inspector of the abatement of the violation
creating the hazardous condition pursuant to which a closure order was issued as
provided in clause (i) of subsection A, or the cessation of the need to preserve
an accident scene as provided in clause (ii) of subsection A, or the issuance of
a license for the mine if the closure order was issued as provided in clause
(iii) of subsection A, or the abatement of the violation for which the notice of
violation was issued as provided in clause (iv) of subsection A, the Director or
mine inspector shall issue a notice of correction, copies of which shall be
delivered as provided in subsection B.

D. The issuance of a closure order shall constitute a final order of the
Department, and the owner, licensed operator, or independent contractor to whom
such closure order was issued shall not be entitled to administrative review of
such decision. Such owner, licensed operator, or independent contractor may,
within 10 days following the issuance of the order, bring a civil action in the
circuit court of the city or county in which the mine, or the greater portion
thereof, 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 closure order. The court shall promptly hear and determine the
matters raised by the owner, operator, or independent contractor. In any such
action the court shall receive the records of the Department regarding the
issuance of the order and shall receive additional evidence at the request of
any party. In any proceeding under this section, the Attorney General or the
attorney for the Commonwealth for the jurisdiction where the mine is located,
upon the request of the Director, shall represent the Department. The court
shall vacate the closure order if the preponderance of the evidence establishes
that the order was not issued in accordance with the provisions of this section.

E. If it is finally determined that a closure order was not issued in accordance
with the provisions of this section, the closure order shall be vacated and the
improperly issued closure order shall not be used to the detriment of the owner
or operator to whom it was issued.

HISTORY: 1997, c. 390, § 45.1-161.292:64; 1998, c. 695; 2021, Sp. Sess. I, c.
387.