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.
2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.
Structure Code of Virginia
Chapter 21 - Regulation of Property Carriers
§ 46.2-2101. Exemptions from chapter
§ 46.2-2102. Compliance with chapter required
§ 46.2-2108.1. Disposition of funds collected
§ 46.2-2108.2. Necessity of a permit or certificate
§ 46.2-2108.4. Application; notice requirements
§ 46.2-2108.5. Registered for fuels tax; business, professional, and occupational license taxes
§ 46.2-2108.6. Considerations for determination of issuance of permit, or certificate
§ 46.2-2109. Action on applications; hearings on denials and protests
§ 46.2-2115. Determination for issuance of permit or certificate
§ 46.2-2117. Temporary emergency operation
§ 46.2-2118. Issuance, expiration, and renewal of permit and certificate
§ 46.2-2120. Filing and application fees
§ 46.2-2121.1. Declaration of for-hire operation; presumption of nonbusiness use
§ 46.2-2122. Bond and letter of credit requirements of applicants for certificate
§ 46.2-2124. Notice of discontinuance of service
§ 46.2-2125. Reports, records, etc.
§ 46.2-2126. Certificate or permit holder not relieved of liability for negligence
§ 46.2-2127. Freight bill violation
§ 46.2-2128. Vehicle seizure; penalty
§ 46.2-2129. Unlawful use of registration and identification markers
§ 46.2-2130. Registration violations; penalties
§ 46.2-2131. Violation; criminal penalties
§ 46.2-2132. Violations; civil penalties
§ 46.2-2133. Grounds for denying, suspending, or revoking certificates
§ 46.2-2134. Grounds for denying, suspending, or revoking permits
§ 46.2-2135. Altering or amending permits or certificates
§ 46.2-2136. Suspension, revocation, and refusal to renew permit or certificate; notice and hearing
§ 46.2-2137. Basis for reinstatement of suspended permits or certificates; reinstatement fees
§ 46.2-2138. Basis for reissuance after revocation of permits or certificates; fees
§ 46.2-2141. Application of article
§ 46.2-2142. Bonds or insurance to be kept in force; amounts
§ 46.2-2143.1. Insurance requirement for motor carriers
§ 46.2-2143.2. Special insurance provisions for certain carriers
§ 46.2-2145. Condition or obligation of security
§ 46.2-2146. Effect of unfair claims settlement practices on self-insured motor carriers
§ 46.2-2147. Certain household goods carriers exempted from article
§ 46.2-2149. Certain household goods carriers exempt from certain provisions of article
§ 46.2-2150. Required certificates of fitness
§ 46.2-2151. Considerations for determination of issuance of certificate
§ 46.2-2152. Control by Department
§ 46.2-2153. Provisions of chapter controlling
§ 46.2-2154. Discontinuance of service
§ 46.2-2155. Power and duty of Department
§ 46.2-2156. Solicitation, booking, registration by other persons prohibited; storage-in-transit
§ 46.2-2157. Estimate of charges; penalties; information booklet for shippers
§ 46.2-2159. Freight bill or freight bill/bill of lading
§ 46.2-2160. Bill of lading kept in vehicle; preserved in office
§ 46.2-2161. Payment of tariff charges; payment of specific charges
§ 46.2-2162. Carrier liability
§ 46.2-2163. Determination of weights by certified scales
§ 46.2-2164. Constructive weight
§ 46.2-2165. Obtaining weight tickets
§ 46.2-2166. Minimum weight shipments, notice
§ 46.2-2167. Reweighing of shipment
§ 46.2-2169. Tariffs showing rates and charges, etc.
§ 46.2-2170. Unlawful to charge other than published tariff
§ 46.2-2171. Changes in tariffs