A. The Director may deny an application for, or revoke a license for, the operation of a mineral mine upon determining that the applicant, the licensed operator, or the agent of such applicant or operator has committed violations of the mine safety laws of the Commonwealth that demonstrate a pattern of willful violations resulting in an imminent danger to miners.
B. The Director may revoke every license issued to any person for the operation of a mineral mine and may deny every application by a person for the issuance of a license for the operation of a mineral mine if such person has been convicted of knowingly permitting a miner to work in an underground coal mine where a methane monitor or other device capable of detecting the presence of explosive gases was impaired, disturbed, disconnected, bypassed, or otherwise tampered with in violation of § 45.2-849.
C. The Director may revoke every license issued to any person for the operation of a mineral mine and may deny every application by a person for the issuance of a license for the operation of a mineral mine if such person has been convicted of violating subsection A of § 45.2-856 or 45.2-857.
D. Any person whose license is denied or revoked pursuant to subsection A, B, or C may bring a civil action in the circuit court of the city or county in which the mine is located for review of the decision. The commencement of such proceeding shall not, unless specifically ordered by the court, operate as a stay of the decision. The court shall promptly hear and determine the matters raised by the aggrieved party. In any such action the court shall receive the records of the Department regarding the determination and shall receive additional evidence at the request of any party. The court, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines appropriate.
1997, c. 390, § 45.1-161.292:33; 1998, c. 695; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 11 - Mineral Mine Safety Act
§ 45.2-1100. Mineral Mine Safety Act
§ 45.2-1102. Safety and health
§ 45.2-1103. Special safety rules
§ 45.2-1104. Persons permitted to work in mines; age requirements
§ 45.2-1105. Prohibited acts by miners or other persons; miners to comply with law
§ 45.2-1106. Safety materials and supplies
§ 45.2-1107. Notifying miners of violations; compliance with Act
§ 45.2-1109. Appointment and general qualifications of mine inspectors
§ 45.2-1110. Qualifications of mine inspectors
§ 45.2-1111. Duties of Director
§ 45.2-1112. Technical specialists
§ 45.2-1113. Records of Board of Mineral Mining Examiners
§ 45.2-1114. Certification of certain persons employed in mineral mines; powers of the Department
§ 45.2-1115. Examinations required for Mineral Mining Certifications
§ 45.2-1116. Performance of certain tasks by uncertified persons; penalty
§ 45.2-1117. Examination fees; Mineral Mining Examiners' Fund
§ 45.2-1118. Reciprocal acceptance of other certifications
§ 45.2-1119. Renewal of certificates
§ 45.2-1120. Revocation of certificates
§ 45.2-1122. General mineral miner certification
§ 45.2-1123. Foreman certification
§ 45.2-1124. License required for operation of mineral mines; term
§ 45.2-1126. Application for license
§ 45.2-1127. Denial or revocation of license
§ 45.2-1128. Operating without license; penalty
§ 45.2-1129. Annual reports; condition to issuance of license following transfer of ownership
§ 45.2-1130. Notices to Department; resumption of mining following discontinuance
§ 45.2-1132. When the Director may cause maps to be made; payment of expense
§ 45.2-1133. Making false statements; penalty
§ 45.2-1134. Mine rescue and first aid stations
§ 45.2-1135. Mine rescue teams
§ 45.2-1136. Duty to train team
§ 45.2-1137. Qualification for team membership; direction of teams
§ 45.2-1139. Requirements of recovery work
§ 45.2-1140. State-designated mine rescue teams
§ 45.2-1142. Inspections; Mine Rescue Coordinator
§ 45.2-1143. Workers' compensation; liability
§ 45.2-1144. Reports of explosions and mine fires; procedure
§ 45.2-1145. Operators' reports of accidents; investigations; reports by Department
§ 45.2-1146. Reports of other accidents and injuries
§ 45.2-1147. Duties of mine inspectors
§ 45.2-1148. Frequency of mine inspections
§ 45.2-1149. Evaluation of risks at mines
§ 45.2-1150. Review of inspection reports and records
§ 45.2-1151. Advance notice of inspections; confidentiality of trade secrets
§ 45.2-1152. Scheduling of mine inspections
§ 45.2-1154. Duties of operator
§ 45.2-1155. Duties of inspectors
§ 45.2-1156. Certificates of inspection
§ 45.2-1157. Notices of violations
§ 45.2-1159. Tolling of time for abating violations
§ 45.2-1160. Injunctive relief
§ 45.2-1161. Violations; penalties
§ 45.2-1162. Prosecution of violations
§ 45.2-1164. Reports of violations
§ 45.2-1165. Training programs