A. The Director or a mine inspector shall issue a closure order requiring anymine or section thereof cleared of all persons, or equipment removed fromuse, and refusing further entry into the mine of all persons except thosenecessary to correct or eliminate a hazardous condition, when (i) a violationof this chapter and Chapters 14.5 (§ 45.1-161.293 et seq.) and 14.6 (§45.1-161.304 et seq.) has occurred, which creates an imminent danger to thelife or health of persons in the mine; (ii) a mine fire, mine explosion, orother 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 §45.1-161.292:30; or (iv) an operator to whom a notice of violation was issuedhas failed to abate the violation cited therein within the time periodprovided in such notice for its abatement; however, a closure order shall notbe issued for failure to abate a violation during the pendency of anadministrative appeal of the issuance of the notice of violation as providedin subsection D of § 45.1-161.292:63. In addition, a technical specialist mayissue a closure order upon discovering a violation creating an imminentdanger.
B. One copy of the closure order shall be delivered to the licensed operatorof the mine or his agent or the mine foreman and any independent contractorworking in the area of the mine affected by the closure order.
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 or mine inspector shall issue a notice ofcorrection, 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, licensed operator and independent contractor shallnot be entitled to administrative review of such decision. The owner,licensed operator or independent contractor to whom a closure order has beenissued may, within ten days following the issuance of the order, bring acivil action in the circuit court of the city or county in which the mine, orthe greater portion thereof, is located for review of the decision. Thecommencement of such a proceeding shall not, unless specifically ordered bythe court, operate as a stay of the closure order. The court shall promptlyhear and determine the matters raised by the owner or operator. In any suchaction the court shall receive the records of the Department with respect tothe issuance of the order, and shall receive additional evidence at therequest of any party. In any proceeding under this section, the AttorneyGeneral or the attorney for the Commonwealth for the jurisdiction where themine is located, upon the request of the Director, shall represent theDepartment. The court shall vacate the closure order if the preponderance ofthe evidence establishes that the order was not issued in accordance with theprovisions of this section.
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 to whom it was issued.
A. The Director or a mine inspector shall issue a closure order requiring anymine or section thereof cleared of all persons, or equipment removed fromuse, and refusing further entry into the mine of all persons except thosenecessary to correct or eliminate a hazardous condition, when (i) a violationof this chapter and Chapters 14.5 (§ 45.1-161.293 et seq.) and 14.6 (§45.1-161.304 et seq.) has occurred, which creates an imminent danger to thelife or health of persons in the mine; (ii) a mine fire, mine explosion, orother 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 §45.1-161.292:30; or (iv) an operator to whom a notice of violation was issuedhas failed to abate the violation cited therein within the time periodprovided in such notice for its abatement; however, a closure order shall notbe issued for failure to abate a violation during the pendency of anadministrative appeal of the issuance of the notice of violation as providedin subsection D of § 45.1-161.292:63. In addition, a technical specialist mayissue a closure order upon discovering a violation creating an imminentdanger.
B. One copy of the closure order shall be delivered to the licensed operatorof the mine or his agent or the mine foreman and any independent contractorworking in the area of the mine affected by the closure order.
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 or mine inspector shall issue a notice ofcorrection, 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, licensed operator and independent contractor shallnot be entitled to administrative review of such decision. The owner,licensed operator or independent contractor to whom a closure order has beenissued may, within ten days following the issuance of the order, bring acivil action in the circuit court of the city or county in which the mine, orthe greater portion thereof, is located for review of the decision. Thecommencement of such a proceeding shall not, unless specifically ordered bythe court, operate as a stay of the closure order. The court shall promptlyhear and determine the matters raised by the owner or operator. In any suchaction the court shall receive the records of the Department with respect tothe issuance of the order, and shall receive additional evidence at therequest of any party. In any proceeding under this section, the AttorneyGeneral or the attorney for the Commonwealth for the jurisdiction where themine is located, upon the request of the Director, shall represent theDepartment. The court shall vacate the closure order if the preponderance ofthe evidence establishes that the order was not issued in accordance with theprovisions of this section.
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 to whom it was issued.
A. The Director or a mine inspector shall issue a closure order requiring anymine or section thereof cleared of all persons, or equipment removed fromuse, and refusing further entry into the mine of all persons except thosenecessary to correct or eliminate a hazardous condition, when (i) a violationof this chapter and Chapters 14.5 (§ 45.1-161.293 et seq.) and 14.6 (§45.1-161.304 et seq.) has occurred, which creates an imminent danger to thelife or health of persons in the mine; (ii) a mine fire, mine explosion, orother 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 §45.1-161.292:30; or (iv) an operator to whom a notice of violation was issuedhas failed to abate the violation cited therein within the time periodprovided in such notice for its abatement; however, a closure order shall notbe issued for failure to abate a violation during the pendency of anadministrative appeal of the issuance of the notice of violation as providedin subsection D of § 45.1-161.292:63. In addition, a technical specialist mayissue a closure order upon discovering a violation creating an imminentdanger.
B. One copy of the closure order shall be delivered to the licensed operatorof the mine or his agent or the mine foreman and any independent contractorworking in the area of the mine affected by the closure order.
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 or mine inspector shall issue a notice ofcorrection, 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, licensed operator and independent contractor shallnot be entitled to administrative review of such decision. The owner,licensed operator or independent contractor to whom a closure order has beenissued may, within ten days following the issuance of the order, bring acivil action in the circuit court of the city or county in which the mine, orthe greater portion thereof, is located for review of the decision. Thecommencement of such a proceeding shall not, unless specifically ordered bythe court, operate as a stay of the closure order. The court shall promptlyhear and determine the matters raised by the owner or operator. In any suchaction the court shall receive the records of the Department with respect tothe issuance of the order, and shall receive additional evidence at therequest of any party. In any proceeding under this section, the AttorneyGeneral or the attorney for the Commonwealth for the jurisdiction where themine is located, upon the request of the Director, shall represent theDepartment. The court shall vacate the closure order if the preponderance ofthe evidence establishes that the order was not issued in accordance with theprovisions of this section.
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 to whom it was issued.
