                                 CODE OF VIRGINIA

 NOTICES OF VIOLATIONS (§ 45.2-568)

A. If the Director, the Chief, 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 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 operator or his
agent or the mine foreman.

C. Upon a finding by the mine inspector of the completion of the action required
to abate such violation, the Director, the Chief, 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 Chief, 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, the 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: Code 1950, §§ 45-4.1, 45-9, 45-12, 45-74; 1954, c. 191; 1966, c. 594,
§ 45.1-5; 1976, c. 598; 1978, c. 120; 1984, c. 236; 1985, c. 448; 1987, c. 470;
1990, c. 963; 1994, c. 28, § 45.1-161.90; 1997, c. 390; 2021, Sp. Sess. I, c.
387.