State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-21 > 46-2-2136

§ 46.2-2136. Suspension, revocation, and refusal to renew license, permit, orcertificate; notice and hearing.

A. Except as provided in subsection D of this section, unless otherwiseprovided in this chapter, no license, permit, or certificate of publicconvenience and necessity issued under this chapter shall be suspended orrevoked, or renewal thereof refused, unless the licensee, permittee, orcertificate holder has been furnished a written copy of the complaint againsthim and the grounds upon which the action is taken and has been offered anopportunity for an administrative hearing to show cause why such actionshould not be taken.

B. The order suspending, revoking, or denying renewal of a license, permit,or certificate of public convenience and necessity shall not become effectiveuntil the licensee, permittee, or certificate holder has, after notice of theopportunity for a hearing, had thirty days to make a written request for sucha hearing. If no hearing has been requested within such thirty-day period,the order shall become effective and no hearing shall thereafter be held. Atimely request for a hearing shall automatically stay operation of the orderuntil after the hearing.

C. Notice of an order suspending, revoking, or denying renewal of a license,permit, or certificate of public convenience and necessity and an opportunityfor a hearing shall be mailed to the licensee, permittee, or certificateholder by registered or certified mail at the address as shown on thelicense, permit, or certificate or other record of information in possessionof the Department and shall be considered served when mailed.

D. If the Department makes a finding, after conducting a preliminaryinvestigation, that the conduct of a licensee, permittee, or certificateholder (i) is in violation of this chapter or regulations adopted pursuant tothis chapter and (ii) such violation constitutes a danger to public safety,the Department may issue an order suspending the license, permit, orcertificate. Notice of the suspension shall be in writing and mailed inaccordance with subsection C of this section. Upon receipt of a request for ahearing appealing the suspension, the licensee, permittee, or certificateholder shall be afforded the opportunity for a hearing within thirty days.The suspension shall remain in effect pending the outcome of the hearing.

(2001, c. 596.)

State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-21 > 46-2-2136

§ 46.2-2136. Suspension, revocation, and refusal to renew license, permit, orcertificate; notice and hearing.

A. Except as provided in subsection D of this section, unless otherwiseprovided in this chapter, no license, permit, or certificate of publicconvenience and necessity issued under this chapter shall be suspended orrevoked, or renewal thereof refused, unless the licensee, permittee, orcertificate holder has been furnished a written copy of the complaint againsthim and the grounds upon which the action is taken and has been offered anopportunity for an administrative hearing to show cause why such actionshould not be taken.

B. The order suspending, revoking, or denying renewal of a license, permit,or certificate of public convenience and necessity shall not become effectiveuntil the licensee, permittee, or certificate holder has, after notice of theopportunity for a hearing, had thirty days to make a written request for sucha hearing. If no hearing has been requested within such thirty-day period,the order shall become effective and no hearing shall thereafter be held. Atimely request for a hearing shall automatically stay operation of the orderuntil after the hearing.

C. Notice of an order suspending, revoking, or denying renewal of a license,permit, or certificate of public convenience and necessity and an opportunityfor a hearing shall be mailed to the licensee, permittee, or certificateholder by registered or certified mail at the address as shown on thelicense, permit, or certificate or other record of information in possessionof the Department and shall be considered served when mailed.

D. If the Department makes a finding, after conducting a preliminaryinvestigation, that the conduct of a licensee, permittee, or certificateholder (i) is in violation of this chapter or regulations adopted pursuant tothis chapter and (ii) such violation constitutes a danger to public safety,the Department may issue an order suspending the license, permit, orcertificate. Notice of the suspension shall be in writing and mailed inaccordance with subsection C of this section. Upon receipt of a request for ahearing appealing the suspension, the licensee, permittee, or certificateholder shall be afforded the opportunity for a hearing within thirty days.The suspension shall remain in effect pending the outcome of the hearing.

(2001, c. 596.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-21 > 46-2-2136

§ 46.2-2136. Suspension, revocation, and refusal to renew license, permit, orcertificate; notice and hearing.

A. Except as provided in subsection D of this section, unless otherwiseprovided in this chapter, no license, permit, or certificate of publicconvenience and necessity issued under this chapter shall be suspended orrevoked, or renewal thereof refused, unless the licensee, permittee, orcertificate holder has been furnished a written copy of the complaint againsthim and the grounds upon which the action is taken and has been offered anopportunity for an administrative hearing to show cause why such actionshould not be taken.

B. The order suspending, revoking, or denying renewal of a license, permit,or certificate of public convenience and necessity shall not become effectiveuntil the licensee, permittee, or certificate holder has, after notice of theopportunity for a hearing, had thirty days to make a written request for sucha hearing. If no hearing has been requested within such thirty-day period,the order shall become effective and no hearing shall thereafter be held. Atimely request for a hearing shall automatically stay operation of the orderuntil after the hearing.

C. Notice of an order suspending, revoking, or denying renewal of a license,permit, or certificate of public convenience and necessity and an opportunityfor a hearing shall be mailed to the licensee, permittee, or certificateholder by registered or certified mail at the address as shown on thelicense, permit, or certificate or other record of information in possessionof the Department and shall be considered served when mailed.

D. If the Department makes a finding, after conducting a preliminaryinvestigation, that the conduct of a licensee, permittee, or certificateholder (i) is in violation of this chapter or regulations adopted pursuant tothis chapter and (ii) such violation constitutes a danger to public safety,the Department may issue an order suspending the license, permit, orcertificate. Notice of the suspension shall be in writing and mailed inaccordance with subsection C of this section. Upon receipt of a request for ahearing appealing the suspension, the licensee, permittee, or certificateholder shall be afforded the opportunity for a hearing within thirty days.The suspension shall remain in effect pending the outcome of the hearing.

(2001, c. 596.)