A. If the Director or a mine inspector has reasonable cause to believe that a violation of the Act has occurred, he shall with reasonable promptness issue a notice of violation to the person responsible for the violation. Each notice of violation shall be in writing, shall describe with particularity the nature of the violation, including a reference to the provision of the Mineral Mine Safety Act or the appropriate regulation violated, and shall include an order of abatement and set a reasonable time for abatement of the violation.
B. A copy of the notice of violation shall be delivered to the licensed operator or his agent or the mine foreman and to any independent contractor whose employees were exposed to a hazard related to the violation.
C. Upon a finding by the mine inspector of the completion of the action required to abate such violation, the Director or the mine inspector shall issue a notice of correction, a copy of which shall be delivered as provided in subsection B.
D. The notice of violation shall be deemed the final order of the Department and shall not be subject to review by any court or agency unless, within 20 days following its issuance, the person to whom the notice of violation was issued appeals its issuance by notifying the Department in writing that he intends to contest its issuance. The Department shall conduct informal conference or consultation proceedings, presided over by the Director, pursuant to § 2.2-4019, unless the person and the Department agree to waive such a conference or proceeding to go directly to a formal hearing. If such a conference or proceeding is waived, or if it fails to dispose of the case by consent, the Department shall conduct a formal hearing pursuant to § 2.2-4020. The formal hearing shall be presided over by a hearing officer pursuant to § 2.2-4024, who shall recommend findings and an initial decision, which shall be subject to review and approval by the Director. Any party aggrieved by and claiming unlawfulness of such decision is entitled to judicial review pursuant to Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.
E. If it is finally determined that a notice of violation was not issued in accordance with the provisions of this section, such notice of violation shall be vacated and the improperly issued notice of violation shall not be used to the detriment of the person or the operator to whom it was issued.
1997, c. 390, § 45.1-161.292:63; 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