A. The Chief may revoke a license for the operation of a coal mine or deny an application for the issuance of a license for the operation of a coal mine upon determining that the applicant, the operator, or the operator's agent has committed violations of the mine safety laws of the Commonwealth, including regulations adopted by the Department or the Board of Coal Mining Examiners, that demonstrate a pattern of willful violations resulting in an imminent danger to miners.
B. The Chief may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine who 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 Chief may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine who has been convicted of violating subsection A of § 45.2-856 or 45.2-857.
D. Any person whose license application is denied or whose license is 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 with respect to 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 relief that the court determines appropriate.
1993, c. 247, § 45.1-22.1, c. 389, § 45.1-98.4; 1994, c. 28, § 45.1-161.60; 1997, c. 390; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 5 - Coal Mine Safety Act
§ 45.2-500. Coal Mine Safety Act
§ 45.2-503. Special safety rules
§ 45.2-504. Age requirement to work in mines
§ 45.2-505. Prohibited acts by miners or other persons; miners to comply with law
§ 45.2-506. Safety materials and supplies
§ 45.2-507. Notifying miners of violations; compliance with Act
§ 45.2-508. Appointment of Chief
§ 45.2-509. Qualification of Chief
§ 45.2-511. Appointment and general qualifications of mine inspectors
§ 45.2-512. Qualifications of coal mine inspectors
§ 45.2-513. Duties of the Chief; penalty
§ 45.2-514. Technical specialists
§ 45.2-515. Board of Coal Mining Examiners; purpose
§ 45.2-516. Board membership; terms; meetings
§ 45.2-517. Board compensation; expenses
§ 45.2-518. Records of the Board
§ 45.2-519. Nominations for the Board
§ 45.2-520. Certification of certain persons employed in coal mines; powers and duties of the Board
§ 45.2-521. Examinations required for Coal Mining Certifications
§ 45.2-522. Performance of certain tasks by uncertified persons; penalty
§ 45.2-523. Coal Mining Examiners' Fund
§ 45.2-525. Replacement of lost or destroyed certificates
§ 45.2-526. Reciprocal acceptances of other certifications
§ 45.2-527. Continuing education requirements
§ 45.2-528. Board action; suspend, revoke, or take other action
§ 45.2-530. General coal miner certification
§ 45.2-531. First-class mine foreman certification
§ 45.2-532. Surface foreman certification
§ 45.2-533. Chief electrician certification
§ 45.2-534. Top person certification
§ 45.2-535. License required for operation of a coal mine; term
§ 45.2-536. Coal Mine Operator License Fund
§ 45.2-537. Application for license for the operation of a coal mine
§ 45.2-538. Denial or revocation of license for the operation of a coal mine
§ 45.2-539. Operating without license; penalty
§ 45.2-540. Annual reports; condition to issuance of license following transfer of ownership
§ 45.2-543. When the Chief may cause maps to be made; payment by operator
§ 45.2-544. Making false statements; penalty
§ 45.2-545. Mine rescue and first aid stations
§ 45.2-547. Duty to train teams
§ 45.2-548. Qualification for team membership; direction of teams
§ 45.2-550. Requirements of recovery work
§ 45.2-551. State-designated mine rescue teams
§ 45.2-553. Inspections; Mine Rescue Coordinator
§ 45.2-554. Workers' compensation; liability
§ 45.2-555. Reports of explosions and mine fires; procedure
§ 45.2-556. Operators' reports of accidents; investigations; reports by Department
§ 45.2-557. Reports of other accidents and injuries
§ 45.2-558. Duties of mine inspectors
§ 45.2-559. Frequency of mine inspections
§ 45.2-560. Evaluation of risks at mines
§ 45.2-561. Review of inspection reports and records
§ 45.2-562. Advance notice of inspections; confidentiality of trade secrets
§ 45.2-563. Scheduling of mine inspections
§ 45.2-565. Duties of operator
§ 45.2-566. Duties of inspectors
§ 45.2-567. Inspection reports
§ 45.2-568. Notices of violations
§ 45.2-570. Tolling of time for abating violations
§ 45.2-572. Violations; penalty
§ 45.2-573. Prosecution of violations
§ 45.2-575. Reports of violations
§ 45.2-576. Virginia Coal Mine Safety Board; purpose
§ 45.2-577. Membership; terms; compensation; quorum; meetings
§ 45.2-578. Powers and duties of the Virginia Coal Mine Safety Board