Code of Virginia

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Code of Virginia
Title 46.2. Motor Vehicles
Chapter 21. Regulation of Property Carriers
6/17/2021

§ 46.2-2136. Suspension, revocation, and refusal to renew permit or certificate; notice and hearing.

A. Except as provided in subsection D, unless otherwise provided in this chapter, no permit or certificate of fitness issued under this chapter shall be suspended or revoked, or renewal thereof refused, unless the permittee or certificate holder has been furnished a written copy of the complaint against him and the grounds upon which the action is taken and has been offered an opportunity for an administrative hearing to show cause why such action should not be taken.

B. The order suspending, revoking, or denying renewal of a permit or certificate of fitness shall not become effective until the permittee or certificate holder has, after notice of the opportunity for a hearing, had 30 days to make a written request for such a hearing. If no hearing has been requested within such 30-day period, the order shall become effective and no hearing shall thereafter be held. A timely request for a hearing shall automatically stay operation of the order until after the hearing.

C. Notice of an order suspending, revoking, or denying renewal of a permit or certificate of fitness and an opportunity for a hearing shall be mailed to the permittee or certificate holder by registered or certified mail at the address as shown on the permit or certificate or other record of information in possession of the Department and shall be considered served when mailed.

D. If the Department makes a finding, after conducting a preliminary investigation, that the conduct of a permittee or certificate holder (i) is in violation of this chapter or regulations adopted pursuant to this chapter and (ii) such violation constitutes a danger to public safety, the Department may issue an order suspending the permit or certificate. Notice of the suspension shall be in writing and mailed in accordance with subsection C. Upon receipt of a request for a hearing appealing the suspension, the permittee or certificate holder shall be afforded the opportunity for a hearing within 30 days. The suspension shall remain in effect pending the outcome of the hearing.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.