45.1-161.292:26 - Revocation of certificates - Virginia Statutes

§ 45.1-161.292:26. Revocation of certificates.

A. The Board of Mineral Mining Examiners may revoke any certificate uponfinding that the holder has (i) been intoxicated while in duty status; (ii)neglected his duties; (iii) violated any provision of this chapter andChapters 14.5 (§ 45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.) orany other mineral mining law of the Commonwealth; (iv) used any controlledsubstance without the prescription of a licensed physician; or (v) othersufficient cause.

B. The Board may act to revoke any certificate upon the presentation ofwritten charges by (i) the Director of the Division of Mineral Mining or anyother employee of the Department; (ii) the operator of a mine at which suchperson is employed; (iii) an independent contractor working at such mine; or(iv) ten persons working at the mine at which such person is employed, or, ifless than ten persons are working at the mine, a majority of the workers atthe mine.

C. An affirmative vote of a majority of members of the Board who arequalified to vote shall be required for any action to revoke a certificate.

D. Prior to revoking a certificate, the Board shall give due notice to theholder of the certificate and conduct a hearing. Any hearing shall beconducted in accordance with § 2.2-4020 unless the parties agree to informalproceedings. The hearing may be conducted by the Board or, in the Board'sdiscretion, by a hearing officer as provided in § 2.2-4024.

E. Any person who has been aggrieved by a decision of the Board shall beentitled to judicial review of such decision. Appeals from such decisionsshall be in accordance with Article 4 (§ 2.2-4025 et seq.) of theAdministrative Process Act.

(1997, c. 390; 1998, c. 695.)