                                 CODE OF VIRGINIA

SUSPENSION, REVOCATION, CANCELLATION, OR REFUSAL TO RENEW LICENSE; LIMITATIONS
ON OPERATIONS; IMPOSITION OF MONETARY PENALTIES (§ 46.2-1705)

A. Except as otherwise provided in this section, (i) no license issued under
this chapter shall be suspended, revoked, or cancelled or renewal thereof
denied; (ii) no limitation on operations shall be imposed pursuant to subsection
F; and (iii) no monetary penalty shall be imposed pursuant to &#xA7; 46.2-1706,
unless the licensee has been furnished a written copy of the complaint against
him with the grounds upon which the action is taken and has been offered an
opportunity for an administrative hearing to show cause why such action should
not be taken.

B. The order suspending, revoking, cancelling, or denying renewal of a license,
imposing a limitation on operation, or imposing a monetary penalty, except as
otherwise provided in subsection E, shall not become effective until the
licensee has had 30 days after notice of the opportunity for a hearing to make a
written request for such a hearing. If no hearing has been requested within such
30-day period, the order shall become effective and no hearing shall thereafter
be held. A timely request for a hearing shall automatically stay operation of
the order until after the hearing.

C. Notice of an order suspending, revoking, cancelling or denying renewal of a
license, imposing a limitation on operation, or imposing a monetary penalty and
advising the licensee of the opportunity for a hearing shall be mailed to the
licensee by registered mail to the school address as shown on the
licensee&#8217;s most recent application for license and shall be considered
served when mailed.

D. A licensee whose license has been revoked may reapply for a license after a
period to be determined by the Commissioner, not to exceed five years,
considering (i) the number and severity of current violations, (ii) the number
and severity of past violations, (iii) any past revocations or suspensions, (iv)
highway safety concerns, and (v) public safety concerns. No licensee who has
been denied renewal shall apply for a new license within 180 days of such
action.

E. Notwithstanding the provisions of subsection B, an order suspending,
revoking, cancelling, or denying renewal of an instructor license shall be
effective immediately if the order is based upon a finding by the Commissioner
(i) that the instructor&#8217;s driving record is such that he is not presently
qualified to act as an instructor or (ii) that he is otherwise a danger to the
safety of his students or the public. Such finding by the Commissioner shall be
based on records of driver&#8217;s license suspension or revocation, upon
records of conviction of serious motor vehicle related offenses punishable as a
misdemeanor or felony including driving under the influence or reckless driving,
and upon such other criteria as the Commissioner may establish by regulation.
			Notice of the order of suspension, revocation, cancellation, or denial shall
be in writing and mailed in accordance with subsection C. Upon receipt of a
request for a hearing appealing the suspension, revocation, cancellation, or
denial, the licensee shall be afforded the opportunity for a hearing as soon as
practicable, but in no case later than 30 days from receipt of the hearing
request. The order shall remain in effect pending the outcome of the hearing.

F. If the Commissioner makes a finding that the conduct of a licensee is in
violation of this chapter or regulations adopted pursuant to this chapter, he
may suspend, revoke, cancel, or refuse to renew the license of such licensee or
may order the licensee, in accordance with subsections A, B, and C, to limit the
types of driver education training provided, restrict the use of the
licensee&#8217;s training vehicles, or both. Whenever the Commissioner takes
action limiting operations under this subsection, the Commissioner shall require
the licensee to post conspicuous notice of the Commissioner&#8217;s action under
this subsection at the same location as the licensee&#8217;s license was issued
under this chapter, as soon as the Commissioner&#8217;s order becomes effective.
Orders of the Commissioner limiting operations and requiring posting of notices
shall remain in effect until (i) the time period for the limitations or
restriction has expired and the Commissioner makes a finding that the violations
causing the imposition of such limitations or restrictions have been remedied by
the licensee or (ii) the Commissioner&#8217;s order is lifted as the result of
an appeal under &#xA7; 46.2-1704 or by a court of competent jurisdiction.
			No investigation of a licensee, driver training school owner, or employee of
a driver training school shall terminate or abate upon the surrender of a
license required pursuant to &#xA7; 46.2-1701, nor shall any such surrender
impair the Commissioner&#8217;s ability to impose any sanction or remedy
authorized pursuant to this chapter.

G. If the Commissioner makes a finding, after conducting a preliminary
investigation, that the conduct of a licensee (i) is in violation of this
chapter or regulations adopted pursuant to this chapter and (ii) such violation
constitutes a danger to public safety, the Commissioner may issue an order
suspending the licensee&#8217;s license to operate a driver training school.
Notice of the suspension shall be in writing and mailed in accordance with
subsection C. Upon receipt of a request for a hearing appealing the suspension,
the licensee shall be afforded the opportunity for a hearing as soon as
practicable, but in no case later than 30 days from receipt of the hearing
request. The suspension shall remain in effect pending the outcome of the
hearing.

H. The Commissioner may suspend, revoke, or refuse to renew any license issued
pursuant to this chapter for any conduct prohibited pursuant to &#xA7;
46.2-1707.

HISTORY: 1991, c. 214; 2000, c. 179; 2004, c. 587; 2025, c. 79.