2006 Code of Virginia § 58.1-2247 - Issuance, denial or cancellation of license

58.1-2247. Issuance, denial or cancellation of license.

A. The Commissioner shall issue a license to each applicant whose applicationis approved. A license shall not be transferable and remains in effect untilsurrendered or canceled.

B. The Commissioner may refuse to issue a license under this article to anapplicant if (i) the applicant or (ii) any principal of the applicant that isa business entity has:

1. Had a license or registration issued under prior law or this chaptercanceled by the Commissioner for cause;

2. Had an alternative fuel license or registration issued by another statecanceled for cause;

3. Had a federal Certificate of Registry issued under 4101 of the InternalRevenue Code, or a similar federal authorization, revoked;

4. Been convicted of any offense involving fraud or misrepresentation; or

5. Been convicted of any other offense that indicates that the applicant maynot comply with this chapter if issued a license.

C. The Commissioner may cancel the license of any person licensed under thisarticle, upon written notice sent by certified mail to the licensee's lastknown address appearing in the Commissioner's files, for any of the followingreasons:

1. Filing by the licensee of a false report of the data or informationrequired by this article;

2. Failure, refusal, or neglect of the licensee to comply with any provisionof this chapter or any regulation promulgated pursuant to this chapter;

3. Failure of the licensee to pay the full amount of the tax required by thisarticle;

4. Failure of the licensee to keep accurate records of the quantities ofalternative fuel received, produced, refined, manufactured, compounded, sold,or used in the Commonwealth;

5. Failure to file a new or additional bond or certificate of deposit uponrequest of the Commissioner pursuant to 58.1-2246; or

6. Conviction of the licensee or a principal of the licensee for anyprohibited act listed under this article.

D. Upon cancellation of any license for any cause listed in subsection C, thetax levied under this chapter shall become due and payable on (i) all untaxedalternative fuel held in storage or otherwise in the possession of thelicensee and (ii) all alternative fuel sold, delivered, or used prior to thecancellation on which the tax has not been paid.

E. The Commissioner may cancel any license upon the written request of thelicensee.

F. Upon cancellation of any license and payment by the licensee of all taxesdue, including all penalties accruing due to any failure by the licensee tocomply with the provisions of this article, the Commissioner shall cancel andsurrender the bond or certificate of deposit filed by such licensee.

(2000, cc. 729, 758; 2006, c. 594.)