Code of Virginia - Title 45.1 Mines And Mining - Section 45.1-194 Appeals to Board of Surface Mining Review

§ 45.1-194. Appeals to Board of Surface Mining Review

An appeal from any order, rule or regulation of the Department shall be taken first to the Board of Surface Mining Review hereinafter created. The appeal shall be taken within thirty days following the issuance of the order, rule or regulation by forwarding to the Director by certified mail a notice of appeal designating the order, rule or regulation from which the appeal is taken.

Upon receipt thereof, the Board shall set the hearing at a place within the county where the major portion of the land involved in the order, rule or regulation appealed from is located and such hearing shall be held by the Board within sixty days from the date notice of appeal is received. The Board shall issue its opinion of the appeal within sixty days following the completion of the hearing.

The Board shall have the power to subpoena and bring before it any person in the Commonwealth or take testimony of any such person by deposition with the same fees and mileage in the same manner as prescribed by law in judicial procedure in courts of the Commonwealth in civil cases. Any party to any hearing before the Board shall have the right to the attendance of witnesses in his behalf.

(1968, c. 734; 1974, c. 312; 1979, c. 302; 1982, c. 117.)

Sections:  Previous  45.1-188  45.1-189  45.1-190  45.1-191  45.1-192  45.1-193  45.1-193.1  45.1-194  45.1-195  45.1-196  45.1-197  45.1-197.1  45.1-197.2  45.1-197.3  45.1-197.4  Next

Last modified: April 3, 2009