A. If the Director or a mine inspector has reasonable cause to believe that aviolation of the Act has occurred, he shall with reasonable promptness issuea notice of violation to the person who is responsible for the violation.Each notice of violation shall be in writing and shall describe withparticularity the nature of the violation or violations, including areference to the provisions of this chapter and Chapters 14.5 (§ 45.1-161.293et seq.) and 14.6 (§ 45.1-161.304 et seq.) or the appropriate regulationsviolated, and shall include an order of abatement and fix a reasonable timefor abatement of the violation.
B. A copy of the notice of violation shall be delivered to the licensedoperator, his agent, or mine foreman and any independent contractor whoseemployees were exposed to hazards related to the violation.
C. Upon a finding by the mine inspector of completion of the action requiredto abate the violation, the Director or the mine inspector shall issue anotice of correction, a copy of which shall be delivered as provided insubsection 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 theDirector, pursuant to § 2.2-4019, unless the person and the Department agreeto waive such a conference or proceeding to go directly to a formal hearing.If such a conference or proceeding has been waived, or if it has failed todispose of the case by consent, the Department shall conduct a formal hearingpursuant to § 2.2-4020. The formal hearing shall be presided over by ahearing officer pursuant to § 2.2-4024, who shall recommend findings and aninitial decision, which shall be subject to review and approval by theDirector. Any party aggrieved by and claiming unlawfulness of the decisionshall be entitled to judicial review pursuant to Article 5 (§ 2.2-4025 etseq.) of the Administrative 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.
A. If the Director or a mine inspector has reasonable cause to believe that aviolation of the Act has occurred, he shall with reasonable promptness issuea notice of violation to the person who is responsible for the violation.Each notice of violation shall be in writing and shall describe withparticularity the nature of the violation or violations, including areference to the provisions of this chapter and Chapters 14.5 (§ 45.1-161.293et seq.) and 14.6 (§ 45.1-161.304 et seq.) or the appropriate regulationsviolated, and shall include an order of abatement and fix a reasonable timefor abatement of the violation.
B. A copy of the notice of violation shall be delivered to the licensedoperator, his agent, or mine foreman and any independent contractor whoseemployees were exposed to hazards related to the violation.
C. Upon a finding by the mine inspector of completion of the action requiredto abate the violation, the Director or the mine inspector shall issue anotice of correction, a copy of which shall be delivered as provided insubsection 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 theDirector, pursuant to § 2.2-4019, unless the person and the Department agreeto waive such a conference or proceeding to go directly to a formal hearing.If such a conference or proceeding has been waived, or if it has failed todispose of the case by consent, the Department shall conduct a formal hearingpursuant to § 2.2-4020. The formal hearing shall be presided over by ahearing officer pursuant to § 2.2-4024, who shall recommend findings and aninitial decision, which shall be subject to review and approval by theDirector. Any party aggrieved by and claiming unlawfulness of the decisionshall be entitled to judicial review pursuant to Article 5 (§ 2.2-4025 etseq.) of the Administrative 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.
A. If the Director or a mine inspector has reasonable cause to believe that aviolation of the Act has occurred, he shall with reasonable promptness issuea notice of violation to the person who is responsible for the violation.Each notice of violation shall be in writing and shall describe withparticularity the nature of the violation or violations, including areference to the provisions of this chapter and Chapters 14.5 (§ 45.1-161.293et seq.) and 14.6 (§ 45.1-161.304 et seq.) or the appropriate regulationsviolated, and shall include an order of abatement and fix a reasonable timefor abatement of the violation.
B. A copy of the notice of violation shall be delivered to the licensedoperator, his agent, or mine foreman and any independent contractor whoseemployees were exposed to hazards related to the violation.
C. Upon a finding by the mine inspector of completion of the action requiredto abate the violation, the Director or the mine inspector shall issue anotice of correction, a copy of which shall be delivered as provided insubsection 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 theDirector, pursuant to § 2.2-4019, unless the person and the Department agreeto waive such a conference or proceeding to go directly to a formal hearing.If such a conference or proceeding has been waived, or if it has failed todispose of the case by consent, the Department shall conduct a formal hearingpursuant to § 2.2-4020. The formal hearing shall be presided over by ahearing officer pursuant to § 2.2-4024, who shall recommend findings and aninitial decision, which shall be subject to review and approval by theDirector. Any party aggrieved by and claiming unlawfulness of the decisionshall be entitled to judicial review pursuant to Article 5 (§ 2.2-4025 etseq.) of the Administrative 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.
