                                 CODE OF VIRGINIA

SUSPENSION, REVOCATION, AND REFUSAL TO RENEW LICENSES, PERMITS, OR CERTIFICATES;
NOTICE AND HEARING (§ 46.2-2011.26)

A. Except as provided in subsection D of this section, unless otherwise provided
in this chapter, no license, permit, or certificate issued under this chapter
shall be suspended or revoked, or renewal thereof refused, unless the licensee,
permittee, or certificate holder has been furnished a written copy of the
complaint against him and 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, or denying renewal of a license, permit, or
certificate shall not become effective until the licensee, permittee, or
certificate holder has, after notice of the opportunity for a hearing, had
thirty days to make a written request for such a hearing. If no hearing has been
requested within such thirty-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, or denying renewal of a license,
permit, or certificate and an opportunity for a hearing shall be mailed to the
licensee, permittee, or certificate holder by registered or certified mail at
the address as shown on the license, permit, or certificate or other record of
information in possession of the Department and shall be considered served when
mailed.

D. If the Department makes a finding, after conducting a preliminary
investigation, that the conduct of a licensee, permittee, or certificate holder
(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
Department may issue an order suspending the license, permit, or certificate.
Notice of the suspension shall be in writing and mailed in accordance with
subsection C of this section. Upon receipt of a request for a hearing appealing
the suspension, the licensee, permittee, or certificate holder shall be afforded
the opportunity for a hearing within thirty days. The suspension shall remain in
effect pending the outcome of the hearing.

HISTORY: 2001, c. 596.