                                 CODE OF VIRGINIA

 CLOSURE ORDERS (§ 45.2-569)

A. The Director, the Chief, or a mine inspector shall issue a closure order
requiring any mine or section thereof cleared of all persons, or equipment
removed from use, and refusing further entry into the mine by all persons except
those necessary to correct or eliminate a hazardous condition, when (i) a
violation of the Act has occurred that creates an imminent danger to the life or
health of persons in the mine; (ii) a mine fire, mine explosion, or other
serious accident has occurred at the mine, as necessary to preserve the scene of
such accident during the investigation of the accident; (iii) a mine is
operating without a license in violation of &#xA7; 45.2-535; 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; 45.2-568.

B. A technical specialist may issue a closure order upon discovering a violation
creating an imminent danger.

C. One copy of a closure order shall be delivered to the operator of the mine or
his agent or the mine foreman.

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

E. The issuance of a closure order shall constitute a final order of the
Department, and the owner or operator of the mine shall not be entitled to
administrative review of such decision. The owner or operator of any mine or
part thereof for which a closure order has been issued may, within 10 days
following the issuance of the order, bring a civil action in the circuit court
of the county or city in which the mine, or the greater portion thereof, is
located for review of the decision. The commencement of such a 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 or operator. In any such action, the court shall receive the records of
the Department with respect to the issuance of the order and any 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.

F. 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.

G. If it is finally determined that a closure order was issued not 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 of the mine for which 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, § 45.1-161.91; 1996, c. 774; 2021, Sp. Sess. I, c.
387.