Administrative Code

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Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 25. Department of Mines, Minerals and Energy
Chapter 130. Coal Surface Mining Reclamation Regulations
7/11/2020

4VAC25-130-705.21. Appeals Procedures.

(a) Employees shall have the right to appeal a notification for remedial action under 4VAC25-130-705.19 and shall have 30 days to exercise this right before remedial action is initiated.

(b) An appeal shall be in writing on a standard State grievance form, which shall be submitted in accordance with the procedure specified in Part B of the First Step (Supervisor level) of the State Grievance Procedure. The appeal shall proceed as a grievance in accordance with the State Grievance Procedure, which shall apply for the purposes of appeal under this section to all employees including managerial employees, except agency heads and probationary employees. Nothing in the State Grievance Procedure, however, shall prevent the Director from reporting on the situation to the OSM, nor preclude the OSM from taking its own action against employees.

Statutory Authority

§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

Historical Notes

Derived from VR480-03-19 § 705.21, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

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