Virginia § 46.2-2011.26 - Suspension, revocation, and refusal to renew licenses, permits, or certificates; notice and hearing

§ 46.2-2011.26. Suspension, revocation, and refusal to renew licenses, permits, or certificates; notice and hearing

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

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

C. Notice of an order suspending, revoking, or denying renewal of a license, permit, or certificate and an opportunity for a hearing shall be mailed to the licensee, permittee, or certificate holder by registered or certified mail at the address as shown on the license, permit, or certificate or other record of information in possession of the Department and shall be considered served when mailed.

D. If the Department makes a finding, after conducting a preliminary investigation, that the conduct of a licensee, permittee, or certificate holder (i) is in violation of this chapter or regulations adopted pursuant to this chapter and (ii) such violation constitutes a danger to public safety, the Department may issue an order suspending the license, permit, or certificate. Notice of the suspension shall be in writing and mailed in accordance with subsection C of this section. Upon receipt of a request for a hearing appealing the suspension, the licensee, permittee, or certificate holder 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.