                                 CODE OF VIRGINIA

SUSPENSION, REVOCATION, AND REFUSAL TO RENEW PERMIT OR CERTIFICATE; NOTICE AND
HEARING (§ 46.2-2136)

A. Except as provided in subsection D, unless otherwise provided in this
chapter, no permit or certificate of fitness issued under this chapter shall be
suspended or revoked, or renewal thereof refused, unless the 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 permit or certificate
of fitness shall not become effective until the permittee or certificate holder
has, after notice of the opportunity for a hearing, had 30 days 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, or denying renewal of a permit or
certificate of fitness and an opportunity for a hearing shall be mailed to the
permittee or certificate holder by registered or certified mail at the address
as shown on the 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 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 permit or certificate. 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 permittee or certificate
holder shall be afforded the opportunity for a hearing within 30 days. The
suspension shall remain in effect pending the outcome of the hearing.

HISTORY: 2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.