19VAC30-70-7. General information.
All suspension or revocation decisions may be appealed. The request must be made in writing to the safety officer within 15 calendar days of receiving the official notice of suspension or revocation.
The suspension or revocation period for a subsequent violation requiring suspension or revocation under any class of offenses within a 24-month period shall be twice that of a previous suspension or revocation, unless mitigating circumstances exist. Any violation under any class of offenses requiring a third suspension within a 14-month period shall be grounds for revocation.
For suspension periods of less than six months, inspection stations and safety inspectors will not be required to file an application for reinstatement.
For suspension periods of six months or more, or revocation periods of one to three years, inspection stations must complete the process as set forth for original appointment. Reapplications may be made 60 days prior to the expiration of suspension periods only, not revocations. An inspection station that has its privilege to perform inspections revoked must complete the application process as set forth for original appointments after the expiration of the period of revocation.
Safety inspectors who are suspended for suspension periods of six months or more shall contact the appropriate Safety Division Area Office or supervising trooper to request reinstatement. Safety inspectors who have their privilege to perform inspections revoked must complete the application process for initial certification after the expiration of the period of revocation.
If during the course of an official investigation, station management voluntarily surrenders the station's inspection supplies, particularly after being cautioned not to do so, the station shall not be eligible for reinstatement for a period of 90 days. This voluntary action shall not be the subject of an appeal.
If during the course of an official investigation, an inspector voluntarily surrenders his inspector's license, particularly after being cautioned not to do so, the inspector shall not be eligible for reinstatement for a period of 90 days. This voluntary action shall not be the subject of an appeal.
Statutory Authority
§ 46.2-1165 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 21, Issue 4, eff. September 22, 2004; Volume 24, Issue 8, eff. March 1, 2008; Volume 28, Issue 24, eff. August 1, 2012; Volume 32, Issue 24, eff. October 3, 2016; Volume 35, Issue 25, eff. September 1, 2019.