45.1-161.292:33 - Denial or revocation of license - Virginia Statutes

§ 45.1-161.292:33. Denial or revocation of license.

A. The Director may deny an application for, or revoke a license for, theoperation of a mineral mine, upon determining that the applicant, thelicensed operator, or his agent has committed violations of the mine safetylaws of the Commonwealth which demonstrate a pattern of willful violationsresulting in an imminent danger to miners.

B. The Director may revoke every license issued to any person for theoperation of a mineral mine and may deny every application by a person forthe issuance of a license for the operation of a mineral mine, who has beenconvicted of knowingly permitting a miner to work in an underground coal minewhere a methane 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 Director may revoke every license issued to any person for theoperation of a mineral mine and may deny every application by a person forthe issuance of a license for the operation of a mineral mine, who has beenconvicted of violating 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.

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