A. If the Director, the Chief, 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 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 operator or his agent or the mine foreman.
C. Upon a finding by the mine inspector of the completion of the action required to abate such violation, the Director, the Chief, 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 Chief, 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, the 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.
Code 1950, §§ 45-4.1, 45-9, 45-12, 45-74; 1954, c. 191; 1966, c. 594, § 45.1-5; 1976, c. 598; 1978, c. 120; 1984, c. 236; 1985, c. 448; 1987, c. 470; 1990, c. 963; 1994, c. 28, § 45.1-161.90; 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