A. The Director, the Chief, or a mine inspector shall issue a closure orderrequiring any mine or section thereof cleared of all persons, or equipmentremoved from use, and refusing further entry into the mine of all personsexcept those necessary to correct or eliminate a hazardous condition, when(i) a violation of this Act has occurred, which creates an imminent danger tothe life or health of persons in the mine; (ii) a mine fire, mine explosion,or other serious accident has occurred at the mine, as may be necessary topreserve the scene of such accident during the investigation of the accident;(iii) a mine is operating without a license, as provided by § 45.1-161.57; or(iv) an operator to whom a notice of violation was issued has failed to abatethe violation cited therein within the time period provided in such noticefor its abatement; however, a closure order shall not be issued for failureto abate a violation during the pendency of an administrative appeal of theissuance of the notice of violation as provided in subsection D of §45.1-161.90. In addition, a technical specialist may issue a closure orderupon discovering a violation creating an imminent danger.
B. One copy of the closure order shall be delivered to the operator of themine or his agent or the mine foreman.
C. Upon a finding by the mine inspector of abatement of the violationcreating the hazardous condition pursuant to which a closure order has beenissued as provided in clause (i) of subsection A, or cessation of the need topreserve an accident scene as provided in clause (ii) of subsection A, or theissuance of a license for the mine if the closure order was issued asprovided in clause (iii) of subsection A, or abatement of the violation forwhich the notice of violation was issued as provided in clause (iv) ofsubsection A, the Director, the Chief, or mine inspector shall issue a noticeof correction, copies of which shall be delivered as provided in subsection B.
D. The issuance of a closure order shall constitute a final order of theDepartment, and the owner or operator of the mine shall not be entitled toadministrative review of such decision. The owner or operator of any mine orpart thereof for which a closure order has been issued may, within ten daysfollowing the issuance of the order, bring a civil action in the circuitcourt of the city or county in which the mine, or the greater portionthereof, is located for review of the decision. The commencement of such aproceeding shall not, unless specifically ordered by the court, operate as astay of the closure order. The court shall promptly hear and determine thematters raised by the owner or operator. In any such action the court shallreceive the records of the Department with respect to the issuance of theorder, and shall receive additional evidence at the request of any party. Inany proceeding under this section, the Attorney General or the attorney forthe Commonwealth for the jurisdiction where the mine is located, upon therequest of the Director, shall represent the Department. The court shallvacate the closure order if the preponderance of the evidence establishesthat the order was not issued in accordance with the provisions of thissection.
E. If it shall be finally determined that a closure order was not issued inaccordance with the provisions of this section, the closure order shall bevacated, and the improperly issued closure order shall not be used to thedetriment of the owner or operator of the mine for which 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; 1996, c. 774.)
A. The Director, the Chief, or a mine inspector shall issue a closure orderrequiring any mine or section thereof cleared of all persons, or equipmentremoved from use, and refusing further entry into the mine of all personsexcept those necessary to correct or eliminate a hazardous condition, when(i) a violation of this Act has occurred, which creates an imminent danger tothe life or health of persons in the mine; (ii) a mine fire, mine explosion,or other serious accident has occurred at the mine, as may be necessary topreserve the scene of such accident during the investigation of the accident;(iii) a mine is operating without a license, as provided by § 45.1-161.57; or(iv) an operator to whom a notice of violation was issued has failed to abatethe violation cited therein within the time period provided in such noticefor its abatement; however, a closure order shall not be issued for failureto abate a violation during the pendency of an administrative appeal of theissuance of the notice of violation as provided in subsection D of §45.1-161.90. In addition, a technical specialist may issue a closure orderupon discovering a violation creating an imminent danger.
B. One copy of the closure order shall be delivered to the operator of themine or his agent or the mine foreman.
C. Upon a finding by the mine inspector of abatement of the violationcreating the hazardous condition pursuant to which a closure order has beenissued as provided in clause (i) of subsection A, or cessation of the need topreserve an accident scene as provided in clause (ii) of subsection A, or theissuance of a license for the mine if the closure order was issued asprovided in clause (iii) of subsection A, or abatement of the violation forwhich the notice of violation was issued as provided in clause (iv) ofsubsection A, the Director, the Chief, or mine inspector shall issue a noticeof correction, copies of which shall be delivered as provided in subsection B.
D. The issuance of a closure order shall constitute a final order of theDepartment, and the owner or operator of the mine shall not be entitled toadministrative review of such decision. The owner or operator of any mine orpart thereof for which a closure order has been issued may, within ten daysfollowing the issuance of the order, bring a civil action in the circuitcourt of the city or county in which the mine, or the greater portionthereof, is located for review of the decision. The commencement of such aproceeding shall not, unless specifically ordered by the court, operate as astay of the closure order. The court shall promptly hear and determine thematters raised by the owner or operator. In any such action the court shallreceive the records of the Department with respect to the issuance of theorder, and shall receive additional evidence at the request of any party. Inany proceeding under this section, the Attorney General or the attorney forthe Commonwealth for the jurisdiction where the mine is located, upon therequest of the Director, shall represent the Department. The court shallvacate the closure order if the preponderance of the evidence establishesthat the order was not issued in accordance with the provisions of thissection.
E. If it shall be finally determined that a closure order was not issued inaccordance with the provisions of this section, the closure order shall bevacated, and the improperly issued closure order shall not be used to thedetriment of the owner or operator of the mine for which 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; 1996, c. 774.)
A. The Director, the Chief, or a mine inspector shall issue a closure orderrequiring any mine or section thereof cleared of all persons, or equipmentremoved from use, and refusing further entry into the mine of all personsexcept those necessary to correct or eliminate a hazardous condition, when(i) a violation of this Act has occurred, which creates an imminent danger tothe life or health of persons in the mine; (ii) a mine fire, mine explosion,or other serious accident has occurred at the mine, as may be necessary topreserve the scene of such accident during the investigation of the accident;(iii) a mine is operating without a license, as provided by § 45.1-161.57; or(iv) an operator to whom a notice of violation was issued has failed to abatethe violation cited therein within the time period provided in such noticefor its abatement; however, a closure order shall not be issued for failureto abate a violation during the pendency of an administrative appeal of theissuance of the notice of violation as provided in subsection D of §45.1-161.90. In addition, a technical specialist may issue a closure orderupon discovering a violation creating an imminent danger.
B. One copy of the closure order shall be delivered to the operator of themine or his agent or the mine foreman.
C. Upon a finding by the mine inspector of abatement of the violationcreating the hazardous condition pursuant to which a closure order has beenissued as provided in clause (i) of subsection A, or cessation of the need topreserve an accident scene as provided in clause (ii) of subsection A, or theissuance of a license for the mine if the closure order was issued asprovided in clause (iii) of subsection A, or abatement of the violation forwhich the notice of violation was issued as provided in clause (iv) ofsubsection A, the Director, the Chief, or mine inspector shall issue a noticeof correction, copies of which shall be delivered as provided in subsection B.
D. The issuance of a closure order shall constitute a final order of theDepartment, and the owner or operator of the mine shall not be entitled toadministrative review of such decision. The owner or operator of any mine orpart thereof for which a closure order has been issued may, within ten daysfollowing the issuance of the order, bring a civil action in the circuitcourt of the city or county in which the mine, or the greater portionthereof, is located for review of the decision. The commencement of such aproceeding shall not, unless specifically ordered by the court, operate as astay of the closure order. The court shall promptly hear and determine thematters raised by the owner or operator. In any such action the court shallreceive the records of the Department with respect to the issuance of theorder, and shall receive additional evidence at the request of any party. Inany proceeding under this section, the Attorney General or the attorney forthe Commonwealth for the jurisdiction where the mine is located, upon therequest of the Director, shall represent the Department. The court shallvacate the closure order if the preponderance of the evidence establishesthat the order was not issued in accordance with the provisions of thissection.
E. If it shall be finally determined that a closure order was not issued inaccordance with the provisions of this section, the closure order shall bevacated, and the improperly issued closure order shall not be used to thedetriment of the owner or operator of the mine for which 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; 1996, c. 774.)
