2006 Code of Virginia § 46.2-1705 - Suspension, revocation, cancellation or refusal to renew license; limitations on operations; imposi...

46.2-1705. Suspension, revocation, cancellation or refusal to renewlicense; limitations on operations; imposition of monetary penalties.

A. Except as otherwise provided in this section, no license issued under thischapter shall be suspended, revoked, or cancelled or renewal thereof denied,no limitation on operations shall be imposed pursuant to subsection F of thissection, and no monetary penalty shall be imposed pursuant to 46.2-1706,unless the licensee has been furnished a written copy of the complaintagainst him and the grounds upon which the action is taken and has beenoffered an opportunity for an administrative hearing to show cause why suchaction should not be taken.

B. The order suspending, revoking, cancelling, or denying renewal of alicense, imposing a limitation on operation, or imposing a monetary penalty,except as otherwise provided in subsection E of this section, shall notbecome effective until the licensee has had 30 days after notice of theopportunity for a hearing to make a written request for such a hearing. If nohearing has been requested within such 30-day period, the order shall becomeeffective and no hearing shall thereafter be held. A timely request for ahearing shall automatically stay operation of the order until after thehearing.

C. Notice of an order suspending, revoking, cancelling or denying renewal ofa license, imposing a limitation on operation, or imposing a monetary penaltyand advising the licensee of the opportunity for a hearing shall be mailed tothe licensee by registered mail to the school address as shown on thelicensee's most recent application for license and shall be considered servedwhen mailed.

D. No licensee whose license has been revoked or cancelled or who has beendenied renewal shall apply for a new license within 180 days of such action.

E. Notwithstanding the provisions of subsection B of this section, an ordersuspending, revoking, cancelling, or denying renewal of an instructor licenseshall be effective immediately if the order is based upon a finding by theCommissioner (i) that the instructor's driving record is such that he is notpresently qualified to act as an instructor or (ii) that he is otherwise adanger to the safety of his students or the public. Such finding by theCommissioner shall be based on records of driver's license suspension orrevocation, upon records of conviction of serious motor vehicle relatedoffenses punishable as a misdemeanor or felony including driving under theinfluence or reckless driving, and upon such other criteria as theCommissioner may establish by regulation.

Notice of the order of suspension, revocation, cancellation, or denial shallbe in writing and mailed in accordance with subsection C. Upon receipt of arequest for a hearing appealing the suspension, revocation, cancellation, ordenial, the licensee shall be afforded the opportunity for a hearing as soonas practicable, but in no case later than 30 days from receipt of the hearingrequest. The order shall remain in effect pending the outcome of the hearing.

F. If the Commissioner makes a finding that the conduct of a licensee is inviolation of this chapter or regulations adopted pursuant to this chapter, hemay suspend, revoke, cancel, or refuse to renew the license of such licenseeor may order the licensee, in accordance with subsections A, B and C of thissection, to limit the types of driver education training provided, restrictthe use of the licensee's training vehicles, or both. Whenever theCommissioner takes action limiting operations under this subsection, theCommissioner shall require the licensee to post conspicuous notice of theCommissioner's action under this subsection at the same location as thelicensee's license was issued under this chapter, as soon as theCommissioner's order becomes effective. Orders of the Commissioner limitingoperations and requiring posting of notices shall remain in effect until (i)the time period for the limitations or restriction has expired and theCommissioner makes a finding that the violations causing the imposition ofsuch limitations or restrictions have been remedied by the licensee or (ii)the Commissioner's order is lifted as the result of an appeal under 46.2-1704 or by a court of competent jurisdiction.

G. If the Commissioner makes a finding, after conducting a preliminaryinvestigation, that the conduct of a licensee (i) is in violation of thischapter or regulations adopted pursuant to this chapter and (ii) suchviolation constitutes a danger to public safety, the Commissioner may issuean order suspending the licensee's license to operate a driver trainingschool. Notice of the suspension shall be in writing and mailed in accordancewith subsection C of this section. Upon receipt of a request for a hearingappealing the suspension, the licensee shall be afforded the opportunity fora hearing as soon as practicable, but in no case later than 30 days fromreceipt of the hearing request. The suspension shall remain in effect pendingthe outcome of the hearing.

(1991, c. 214; 2000, c. 179; 2004, c. 587.)