ADMINISTRATIVE REVIEW OF VIOLATIONS
The Coal Mine Safety Laws of Virginia provides for the appeal and administrative review of any violation issued by the Department . The person to whom a Notice of Violation has been issued may appeal the issuance in writing within 20 days of receipt of the violation. Upon proper notice and standing, the Division of Mines will conduct an informal conference pursuant to §9-6.14.12. The Coal Mine Safety Laws of Virginia guarantees judicial review to any party aggrieved by and claiming unlawfulness of the administrative decision. This governs administrative appeals prior to any judicial appeal. This procedure is only intended to address the administrative review of violations issued under Coal Mine Safety Laws of Virginia 45.1-161.90 and does not concern certification, licensing, and closure decisions.
Persons seeking to appeal a Notice of Violation should mail or deliver a written notice of appeal to DMME offices in Big Stone Gap or Lebanon. Department personnel will only accept written requests to appeal a Notice of Violation.