A. If the Director, the Chief, or a mine inspector has reasonable cause tobelieve that a violation of the Act has occurred, he shall with reasonablepromptness issue a notice of violation to the person who is responsible forthe violation. Each notice of violation shall be in writing and shalldescribe with particularity the nature of the violation or violations,including a reference to the provision of this Act or the appropriateregulations violated, and shall include an order of abatement and fix areasonable time for abatement of the violation.
B. A copy of the notice of violation shall be delivered to the operator, hisagent, or mine foreman.
C. Upon a finding by the mine inspector of completion of the action requiredto abate the violation, the Director, the Chief, or the mine inspector shallissue a notice of correction, a copy of which shall be delivered as providedin subsection B.
D. The notice of violation shall be deemed to be the final order of theDepartment and not subject to review by any court or agency unless, withintwenty days following its issuance, the person to whom the notice ofviolation has been issued appeals its issuance by notifying the Department inwriting that he intends to contest its issuance. The Department shall conductinformal conference or consultation proceedings, presided over by the Chief,pursuant to § 2.2-4019, unless the person and the Department agree to waivesuch a conference or proceeding to go directly to a formal hearing. If such aconference or proceeding has been waived, or if it has failed to dispose ofthe case by consent, the Department shall conduct a formal hearing pursuantto § 2.2-4020. The formal hearing shall be presided over by a hearing officerpursuant to § 2.2-4024, who shall recommend findings and an initial decision,which shall be subject to review and approval by the Director. Any partyaggrieved by and claiming unlawfulness of the decision shall be entitled tojudicial review pursuant to Article 5 (§ 2.2-4025 et seq.) of theAdministrative Process Act.
E. If it shall be finally determined that a notice of violation was notissued in accordance with the provisions of this section, the notice ofviolation shall be vacated, and the improperly issued notice of violationshall not be used to the detriment of the person or the operator to whom itwas 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; 1997, c. 390.)
A. If the Director, the Chief, or a mine inspector has reasonable cause tobelieve that a violation of the Act has occurred, he shall with reasonablepromptness issue a notice of violation to the person who is responsible forthe violation. Each notice of violation shall be in writing and shalldescribe with particularity the nature of the violation or violations,including a reference to the provision of this Act or the appropriateregulations violated, and shall include an order of abatement and fix areasonable time for abatement of the violation.
B. A copy of the notice of violation shall be delivered to the operator, hisagent, or mine foreman.
C. Upon a finding by the mine inspector of completion of the action requiredto abate the violation, the Director, the Chief, or the mine inspector shallissue a notice of correction, a copy of which shall be delivered as providedin subsection B.
D. The notice of violation shall be deemed to be the final order of theDepartment and not subject to review by any court or agency unless, withintwenty days following its issuance, the person to whom the notice ofviolation has been issued appeals its issuance by notifying the Department inwriting that he intends to contest its issuance. The Department shall conductinformal conference or consultation proceedings, presided over by the Chief,pursuant to § 2.2-4019, unless the person and the Department agree to waivesuch a conference or proceeding to go directly to a formal hearing. If such aconference or proceeding has been waived, or if it has failed to dispose ofthe case by consent, the Department shall conduct a formal hearing pursuantto § 2.2-4020. The formal hearing shall be presided over by a hearing officerpursuant to § 2.2-4024, who shall recommend findings and an initial decision,which shall be subject to review and approval by the Director. Any partyaggrieved by and claiming unlawfulness of the decision shall be entitled tojudicial review pursuant to Article 5 (§ 2.2-4025 et seq.) of theAdministrative Process Act.
E. If it shall be finally determined that a notice of violation was notissued in accordance with the provisions of this section, the notice ofviolation shall be vacated, and the improperly issued notice of violationshall not be used to the detriment of the person or the operator to whom itwas 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; 1997, c. 390.)
A. If the Director, the Chief, or a mine inspector has reasonable cause tobelieve that a violation of the Act has occurred, he shall with reasonablepromptness issue a notice of violation to the person who is responsible forthe violation. Each notice of violation shall be in writing and shalldescribe with particularity the nature of the violation or violations,including a reference to the provision of this Act or the appropriateregulations violated, and shall include an order of abatement and fix areasonable time for abatement of the violation.
B. A copy of the notice of violation shall be delivered to the operator, hisagent, or mine foreman.
C. Upon a finding by the mine inspector of completion of the action requiredto abate the violation, the Director, the Chief, or the mine inspector shallissue a notice of correction, a copy of which shall be delivered as providedin subsection B.
D. The notice of violation shall be deemed to be the final order of theDepartment and not subject to review by any court or agency unless, withintwenty days following its issuance, the person to whom the notice ofviolation has been issued appeals its issuance by notifying the Department inwriting that he intends to contest its issuance. The Department shall conductinformal conference or consultation proceedings, presided over by the Chief,pursuant to § 2.2-4019, unless the person and the Department agree to waivesuch a conference or proceeding to go directly to a formal hearing. If such aconference or proceeding has been waived, or if it has failed to dispose ofthe case by consent, the Department shall conduct a formal hearing pursuantto § 2.2-4020. The formal hearing shall be presided over by a hearing officerpursuant to § 2.2-4024, who shall recommend findings and an initial decision,which shall be subject to review and approval by the Director. Any partyaggrieved by and claiming unlawfulness of the decision shall be entitled tojudicial review pursuant to Article 5 (§ 2.2-4025 et seq.) of theAdministrative Process Act.
E. If it shall be finally determined that a notice of violation was notissued in accordance with the provisions of this section, the notice ofviolation shall be vacated, and the improperly issued notice of violationshall not be used to the detriment of the person or the operator to whom itwas 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; 1997, c. 390.)
