45.1-161.60 - Denial or revocation of license. - Virginia Statutes

§ 45.1-161.60. Denial or revocation of license.

A. The Chief may deny an application for, or may revoke a license for theoperation of a coal mine upon determining that the applicant, the operator,or his agent has committed violations of the mine safety laws of theCommonwealth which demonstrate a pattern of willful violations resulting inan imminent danger to miners.

B. The Chief may revoke every license issued to any person for the operationof a coal mine and may deny every application by a person for the issuance ofa license for the operation of a coal mine who has been convicted ofknowingly permitting a miner to work in an underground coal mine where amethane monitor or other device capable of detecting the presence ofexplosive gases was impaired, disturbed, disconnected, bypassed, or otherwisetampered with in violation of § 45.1-161.233.

C. The Chief may revoke every license issued to any person for the operationof a coal mine and may deny every application by a person for the issuance ofa license for the operation of a coal mine who has been convicted ofviolating subsection A of § 45.1-161.177 or § 45.1-161.178.

D. Any person whose license is denied or revoked pursuant to subsection A, B,or C may bring a civil action in the circuit court of the city or county inwhich the mine is located for review of the decision. The commencement ofsuch a proceeding shall not, unless specifically ordered by the court,operate as a stay of the decision. The court shall promptly hear anddetermine the matters raised by the aggrieved party. In any such action thecourt shall receive the records of the Department with respect to thedetermination, and shall receive additional evidence at the request of anyparty. The court, basing its decision on the preponderance of the evidence,shall grant such relief as the court determines appropriate.

(1993, c. 247, § 45.1-22.1, c. 389, § 45.1-98.4; 1994, c. 28; 1997, c. 390.)