Administrative Code

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Virginia Administrative Code
Title 24. Transportation And Motor Vehicles
Agency 5. Virginia Aviation Board
Chapter 20. Regulations Governing the Licensing and Operation of Airports and Aircraft and Obstructions to Airspace in the Commonwealth of Virginia
10/24/2021

24VAC5-20-280. Sanctions, notices, and appeals.

A. The department may immediately temporarily modify or suspend a license or permit issued pursuant to Chapter 1 (§ 5.1-1 et seq.) of Title 5.1 of the Code of Virginia and this chapter for violation of any of the provisions of the aviation laws of Virginia or of this chapter, at the instance of any person, upon duly sworn affidavit of the person, or upon its own motion. A sanction shall be effective upon receipt of written notice of the sanction by the licensee at his last known address as disclosed by the records of the department. A temporary sanction shall be effective for a period not to exceed 90 days.

B. The department may revoke a license or permit issued pursuant to Chapter 1 (§ 5.1-1 et seq.) of Title 5.1 of the Code of Virginia and this chapter for violation of any of the provisions of the aviation laws of Virginia or of this chapter, at the instance of a person, by duly sworn affidavit of the person, or upon its own motion. An action shall be effective 10 days after receipt of written notice of the action by the licensee at his last known address as disclosed by the records of the department, unless the licensee shall, before that time, show cause why the sanction should not be imposed.

C. Suspensions or revocations by the department may be appealed by filing a written notice of appeal with the director of the department within 10 days of receipt of the notice of sanction, requesting an opportunity to be heard and to present evidence in an informal fact finding as defined in the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). An opportunity will be afforded by the director within 21 days of receipt by him of the written notice of appeal. The director will give written notice to the licensee of his decision to affirm, modify, or rescind the sanction within 10 days after this hearing.

D. The sanctions enumerated in this regulation shall be cumulative with other enforcement powers conferred upon the department by these regulations or by statute, and no action taken hereunder shall limit the jurisdiction of the department to impose other penalties authorized by these regulations or by statute. From the case decision of the director of the department, an appeal lies as set out in the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.

Historical Notes

Derived from VR165-01-02:1 § 6.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.

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