Administrative Code

Virginia Administrative Code
6/28/2022

Part VI. Suspension and Revocation of Certificates

2VAC5-685-150. Summary suspension by commissioner.

A. The commissioner may summarily suspend the certificate of any person without a hearing if he finds there is any substantial danger, or threat of substantial danger, to the public health, safety, or environment which warrants the summary suspension. The commissioner shall schedule a hearing for a date not exceeding five working days after the date of the summary suspension.

B. No person whose certificate has been suspended may engage in the activity for which he had been certified.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-51-150, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; renumbered as 2VAC5-685-150, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

2VAC5-685-160. Revocation of certificate by the board.

A. The board may, after opportunity for a hearing, deny, suspend, revoke or modify a certificate upon any violation of any act set out in § 3.2-3940 B of the Code of Virginia.

B. If the board imposes a civil penalty upon a person and such civil penalty is not paid within 60 days thereof, the certificate of such person shall automatically be suspended until payment in full is made. If the person appeals the board's order imposing the civil penalty, then the person may forward the proposed amount of the civil penalty to the commissioner's office for placement in an interest-bearing trust account in the State Treasurer's office. Upon such an amount being held, the suspension shall not be imposed or shall be lifted, as the case may be. This provision relates only to a suspension caused by a failure to pay the civil penalty and does not affect any suspension or revocation of a certificate for any other reason.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-51-160, Derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; renumbered as 2VAC5-685-160, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

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