Part VI. Modification, Suspension, or Revocation of Licenses
24VAC5-20-275. Conditional licenses.
A. If at any time an airport does not meet all of the minimum requirements for licensing as set forth in 24VAC5-20-140, a conditional use license shall be issued for a period of 180 days. Conditional licenses shall specify the requirements with which the airport is not in compliance. Upon receipt of notification of nonconformance, the airport sponsor shall issue the appropriate Notice to Airmen for the noncompliant conditions in accordance with 24VAC5-20-140. The Notice to Airmen shall remain in place until the noncompliant condition is resolved.
B. Within 60 days of notification of nonconformance, the airport sponsor must submit a written mitigation plan to the department that includes, but is not limited to, means of resolving noncompliant conditions, a schedule for the performance of the mitigation, and, if applicable, the cost to the Commonwealth. The airport sponsor or designee must present the mitigation plan to the board at the meeting specified in the notification of nonconformance. In response to the presentation, the board will recommend at least one of the following to the department:
1. Extend the conditional use license for a specified time period;
2. Issue a "Day/VFR Use Only License";
3. Issue a waiver in accordance with 24VAC5-20-145;
4. Revoke the public-use license in accordance with 24VAC5-20-280.
Failure by the airport sponsor or designee to submit a written mitigation plan or failure to present the plan to the board will result in at least one of the actions above being implemented.
C. At any time an airport sponsor may request the department to reclassify its license. Upon reclassification of a license, the airport sponsor shall issue an appropriate Notice to Airmen for a minimum period of 180 days.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 12, Issue 17, eff. June 12, 1996; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.
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.