{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/46.2-490.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/46.2-490.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/46.2-490.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/46.2-490.5.html"}],"law_id":365765,"edition_id":2,"section_id":365765,"structure_id":52168,"section_number":"46.2-490.5","catch_line":"Suspension, revocation, cancellation or refusal to renew clinic license or instructor license; imposition of monetary penalties","history":"2004, c. 622.","full_text":"A\n\nExcept as otherwise provided in this section, no license issued under this chapter shall be suspended, revoked, or cancelled or renewal thereof denied, and no monetary penalty shall be imposed pursuant to § 46.2-490.6, unless the licensee 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.\n\nB\n\nThe order suspending, revoking, canceling, or denying renewal of a license, or imposing a monetary penalty, except as otherwise provided in subsection D of this section, shall not become effective until the licensee has had 30 days after notice of the opportunity for a hearing 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. Except as provided in subsection D of this section, a timely request for a hearing shall automatically stay operation of the order until after the hearing.\n\nC\n\nNotice of an order suspending, revoking, canceling or denying renewal of a license, or imposing a monetary penalty and advising the licensee of the opportunity for a hearing shall be mailed to the licensee by registered mail to the clinic address as shown in the Department’s records and shall be considered served when mailed.\n\nD\n\nNotwithstanding the provisions of subsection B of this section, if the Commissioner makes a finding, after conducting a preliminary investigation, that the conduct of a licensee (i) is in violation of this chapter, regulations adopted pursuant to this chapter, or criteria established by the Department pursuant to this chapter, and (ii) such violation constitutes a danger to public safety, the Commissioner may issue an order suspending, revoking, or denying renewal of the instructor’s license, the clinic’s license, or both, as deemed appropriate by the Commissioner. Orders suspending, revoking, or denying renewal of such license pursuant to this subsection shall be effective immediately. Notice of the suspension, revocation or denial shall be in writing and mailed in accordance with subsection C of this section. Upon receipt of a request for a hearing appealing the suspension, the licensee shall be afforded the opportunity for a hearing as soon as practicable, but no longer than 30 days of receipt of the hearing request. The suspension shall remain in effect pending the outcome of the hearing.\n\n","order_by":null,"text":{"0":{"id":1362715,"text":"Except as otherwise provided in this section, no license issued under this chapter shall be suspended, revoked, or cancelled or renewal thereof denied, and no monetary penalty shall be imposed pursuant to § 46.2-490.6, unless the licensee 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1362716,"text":"The order suspending, revoking, canceling, or denying renewal of a license, or imposing a monetary penalty, except as otherwise provided in subsection D of this section, shall not become effective until the licensee has had 30 days after notice of the opportunity for a hearing 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. Except as provided in subsection D of this section, a timely request for a hearing shall automatically stay operation of the order until after the hearing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1362717,"text":"Notice of an order suspending, revoking, canceling or denying renewal of a license, or imposing a monetary penalty and advising the licensee of the opportunity for a hearing shall be mailed to the licensee by registered mail to the clinic address as shown in the Department’s records and shall be considered served when mailed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1362718,"text":"Notwithstanding the provisions of subsection B of this section, if the Commissioner makes a finding, after conducting a preliminary investigation, that the conduct of a licensee (i) is in violation of this chapter, regulations adopted pursuant to this chapter, or criteria established by the Department pursuant to this chapter, and (ii) such violation constitutes a danger to public safety, the Commissioner may issue an order suspending, revoking, or denying renewal of the instructor’s license, the clinic’s license, or both, as deemed appropriate by the Commissioner. Orders suspending, revoking, or denying renewal of such license pursuant to this subsection shall be effective immediately. Notice of the suspension, revocation or denial shall be in writing and mailed in accordance with subsection C of this section. Upon receipt of a request for a hearing appealing the suspension, the licensee shall be afforded the opportunity for a hearing as soon as practicable, but no longer than 30 days of receipt of the hearing request. The suspension shall remain in effect pending the outcome of the hearing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":52168,"edition_id":2,"name":"Driver Improvement Program","identifier":"19","label":"article","depth":4,"order_by":20,"parent_id":52148,"metadata":{"child_laws":29,"child_structures":0},"date_created":"2026-08-02 02:54:44","date_modified":"2026-08-02 12:34:05","permalink":{"id":1453229,"object_type":"structure","relational_id":52168,"identifier":"19","token":"46.2\/II\/3\/19","url":"\/46.2\/II\/3\/19\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52148,"edition_id":2,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":52147,"metadata":{"child_laws":313,"child_structures":20},"date_created":"2026-08-02 02:54:13","date_modified":"2026-08-02 12:34:03","permalink":{"id":1452631,"object_type":"structure","relational_id":52148,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52147,"edition_id":2,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":52048,"metadata":{"child_laws":724,"child_structures":36},"date_created":"2026-08-02 02:54:13","date_modified":"2026-08-02 12:34:03","permalink":{"id":1452629,"object_type":"structure","relational_id":52147,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52048,"edition_id":2,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":101,"parent_id":null,"metadata":{"child_laws":1830,"child_structures":157},"date_created":"2026-08-02 02:52:29","date_modified":"2026-08-02 12:34:02","permalink":{"id":1452291,"object_type":"structure","relational_id":52048,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":365758,"structure_id":52168,"section_number":"46.2-489","catch_line":"Regulations; appeals","url":"\/46.2-489\/","token":"46.2\/II\/3\/19\/46.2-489","metadata":{"court_decisions":""}},{"id":365770,"structure_id":52168,"section_number":"46.2-490","catch_line":"Establishment of driver improvement clinic program; application fees","url":"\/46.2-490\/","token":"46.2\/II\/3\/19\/46.2-490","metadata":false},{"id":365759,"structure_id":52168,"section_number":"46.2-490.1","catch_line":"Section 46.2-391.1 not applicable","url":"\/46.2-490.1\/","token":"46.2\/II\/3\/19\/46.2-490.1","metadata":false},{"id":365760,"structure_id":52168,"section_number":"46.2-490.10","catch_line":"Changes in form of ownership or name","url":"\/46.2-490.10\/","token":"46.2\/II\/3\/19\/46.2-490.10","metadata":false},{"id":365761,"structure_id":52168,"section_number":"46.2-490.11","catch_line":"Reports, records of licensed computer-based clinic providers","url":"\/46.2-490.11\/","token":"46.2\/II\/3\/19\/46.2-490.11","metadata":false},{"id":365762,"structure_id":52168,"section_number":"46.2-490.2","catch_line":"Repealed","url":"\/46.2-490.2\/","token":"46.2\/II\/3\/19\/46.2-490.2","metadata":{"court_decisions":""}},{"id":365763,"structure_id":52168,"section_number":"46.2-490.3","catch_line":"Definitions","url":"\/46.2-490.3\/","token":"46.2\/II\/3\/19\/46.2-490.3","metadata":{"court_decisions":""}},{"id":365764,"structure_id":52168,"section_number":"46.2-490.4","catch_line":"Action on applications; hearing on denial","url":"\/46.2-490.4\/","token":"46.2\/II\/3\/19\/46.2-490.4","metadata":false},{"id":365765,"structure_id":52168,"section_number":"46.2-490.5","catch_line":"Suspension, revocation, cancellation or refusal to renew clinic license or instructor license; imposition of monetary penalties","url":"\/46.2-490.5\/","token":"46.2\/II\/3\/19\/46.2-490.5","metadata":false},{"id":365766,"structure_id":52168,"section_number":"46.2-490.6","catch_line":"Civil penalties","url":"\/46.2-490.6\/","token":"46.2\/II\/3\/19\/46.2-490.6","metadata":{"court_decisions":""}},{"id":365767,"structure_id":52168,"section_number":"46.2-490.7","catch_line":"Acts of owners, operators, officers, directors, partners, and instructors","url":"\/46.2-490.7\/","token":"46.2\/II\/3\/19\/46.2-490.7","metadata":false},{"id":365768,"structure_id":52168,"section_number":"46.2-490.8","catch_line":"Grounds for denying, suspending, or revoking licenses of clinics and clinic instructors","url":"\/46.2-490.8\/","token":"46.2\/II\/3\/19\/46.2-490.8","metadata":false},{"id":365769,"structure_id":52168,"section_number":"46.2-490.9","catch_line":"Unlawful acts; prosecution; proceedings in equity","url":"\/46.2-490.9\/","token":"46.2\/II\/3\/19\/46.2-490.9","metadata":{"court_decisions":""}},{"id":365771,"structure_id":52168,"section_number":"46.2-491","catch_line":"Persons included within scope of article","url":"\/46.2-491\/","token":"46.2\/II\/3\/19\/46.2-491","metadata":false},{"id":365772,"structure_id":52168,"section_number":"46.2-492","catch_line":"Uniform Demerit Point System","url":"\/46.2-492\/","token":"46.2\/II\/3\/19\/46.2-492","metadata":{"court_decisions":""}},{"id":365773,"structure_id":52168,"section_number":"46.2-493","catch_line":"Demerit points valid for two years","url":"\/46.2-493\/","token":"46.2\/II\/3\/19\/46.2-493","metadata":false},{"id":365774,"structure_id":52168,"section_number":"46.2-494","catch_line":"Safe driving point credit","url":"\/46.2-494\/","token":"46.2\/II\/3\/19\/46.2-494","metadata":false},{"id":365775,"structure_id":52168,"section_number":"46.2-495","catch_line":"Advisory letters","url":"\/46.2-495\/","token":"46.2\/II\/3\/19\/46.2-495","metadata":false},{"id":365776,"structure_id":52168,"section_number":"46.2-496","catch_line":"Repealed","url":"\/46.2-496\/","token":"46.2\/II\/3\/19\/46.2-496","metadata":{"court_decisions":""}},{"id":365777,"structure_id":52168,"section_number":"46.2-498","catch_line":"Driver improvement clinics; voluntary attendance","url":"\/46.2-498\/","token":"46.2\/II\/3\/19\/46.2-498","metadata":{"court_decisions":{"0":{"name":"Edwards v. Oberndorf","case_number":"1:02-cr-00347","citation":"309 F. Supp. 2d 780","date":"2003-02-06","url":"https:\/\/www.courtlistener.com\/opinion\/2310766\/edwards-v-oberndorf\/","abstract":" .\u202f.\u202f. 309 F.Supp.2d 780 (2003) .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},{"id":365778,"structure_id":52168,"section_number":"46.2-499","catch_line":"Driver's license probation","url":"\/46.2-499\/","token":"46.2\/II\/3\/19\/46.2-499","metadata":{"court_decisions":{"0":{"name":"Commonwealth of Virginia, DMV v. Arthles H. Lynn","case_number":"0427981","citation":"29 Va. App. 151","date":"1999-02-02","url":"https:\/\/www.courtlistener.com\/opinion\/1066512\/commonwealth-of-virginia-dmv-v-arthles-h-lynn\/","abstract":" .\u202f.\u202f. BENTON, Judge. .\u202f.\u202f. ","court_html":"COA<\/abbr>"}}}},{"id":365779,"structure_id":52168,"section_number":"46.2-500","catch_line":"Driver control period","url":"\/46.2-500\/","token":"46.2\/II\/3\/19\/46.2-500","metadata":false},{"id":365780,"structure_id":52168,"section_number":"46.2-501","catch_line":"Notice to attend driver improvement clinic","url":"\/46.2-501\/","token":"46.2\/II\/3\/19\/46.2-501","metadata":false},{"id":365781,"structure_id":52168,"section_number":"46.2-502","catch_line":"Clinic fees","url":"\/46.2-502\/","token":"46.2\/II\/3\/19\/46.2-502","metadata":false},{"id":365782,"structure_id":52168,"section_number":"46.2-503","catch_line":"Suspension of privilege to operate a motor vehicle for failure to attend clinics","url":"\/46.2-503\/","token":"46.2\/II\/3\/19\/46.2-503","metadata":{"court_decisions":""}},{"id":365783,"structure_id":52168,"section_number":"46.2-504","catch_line":"Form and contents of order of probation, suspension or revocation; service","url":"\/46.2-504\/","token":"46.2\/II\/3\/19\/46.2-504","metadata":{"court_decisions":""}},{"id":365784,"structure_id":52168,"section_number":"46.2-505","catch_line":"Court may direct defendant to attend driver improvement clinic","url":"\/46.2-505\/","token":"46.2\/II\/3\/19\/46.2-505","metadata":false},{"id":365785,"structure_id":52168,"section_number":"46.2-506","catch_line":"(Effective July 1, 2026) Formal hearings; suspension for excessive point accumulation","url":"\/46.2-506\/","token":"46.2\/II\/3\/19\/46.2-506","metadata":false},{"id":365786,"structure_id":52168,"section_number":"46.2-507","catch_line":"(Effective July 1, 2026) Establishment of Intelligent Speed Assistance Program; penalty","url":"\/46.2-507\/","token":"46.2\/II\/3\/19\/46.2-507","metadata":false}],"previous_section":{"id":365764,"structure_id":52168,"section_number":"46.2-490.4","catch_line":"Action on applications; hearing on denial","url":"\/46.2-490.4\/","token":"46.2\/II\/3\/19\/46.2-490.4","metadata":false},"next_section":{"id":365766,"structure_id":52168,"section_number":"46.2-490.6","catch_line":"Civil penalties","url":"\/46.2-490.6\/","token":"46.2\/II\/3\/19\/46.2-490.6","metadata":{"court_decisions":""}},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-490.5\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 622<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":365766,"section_number":"46.2-490.6","catch_line":"Civil penalties","order_by":null,"url":"\/46.2-490.6\/"}],"permalink":{"id":1453263,"object_type":"law","relational_id":365765,"identifier":"46.2-490.5","token":"46.2\/II\/3\/19\/46.2-490.5","url":"\/46.2-490.5\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/46.2-490.5\/","token":"46.2\/II\/3\/19\/46.2-490.5","dublin_core":{"Title":"Suspension, revocation, cancellation or refusal to renew clinic license or instructor license; imposition of monetary penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-490.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in this section, no license issued under this chapter shall be suspended, revoked, or cancelled or renewal thereof denied, and no monetary penalty<\/span> shall be imposed pursuant to § 46.2-490.6<\/a>, unless the licensee 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<\/span> to show cause why such action should not be taken. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The order<\/span> suspending, revoking, canceling, or denying renewal of a license, or imposing a monetary penalty<\/span>, except as otherwise provided in subsection D of this section, shall not become effective until the licensee has had 30 days after notice of the opportunity for a hearing<\/span> to make a written request for such a hearing<\/span>. If no hearing<\/span> has been requested within such 30-day period, the order<\/span> shall become effective and no hearing<\/span> shall thereafter be held. Except as provided in subsection D of this section, a timely request for a hearing<\/span> shall automatically stay<\/span> operation of the order<\/span> until after the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notice of an order<\/span> suspending, revoking, canceling or denying renewal of a license, or imposing a monetary penalty<\/span> and advising the licensee of the opportunity for a hearing<\/span> shall be mailed to the licensee by registered mail to the clinic<\/span> address as shown in the Department<\/span>’s records and shall be considered served when mailed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of subsection B of this section, if the Commissioner<\/span> makes a finding<\/span>, after conducting a preliminary investigation, that the conduct of a licensee (i) is in violation of this chapter, regulations adopted pursuant to this chapter, or criteria established by the Department<\/span> pursuant to this chapter, and (ii) such violation constitutes a danger to public safety, the Commissioner<\/span> may issue<\/span> an order<\/span> suspending, revoking, or denying renewal of the instructor<\/span>’s license, the clinic<\/span>’s license, or both, as deemed appropriate by the Commissioner<\/span>. Orders<\/span> suspending, revoking, or denying renewal of such license pursuant to this subsection shall be effective immediately. Notice of the suspension<\/span>, revocation<\/span> or denial shall be in writing and mailed in accordance with subsection C of this section. Upon receipt of a request for a hearing<\/span> appealing the suspension<\/span>, the licensee shall be afforded the opportunity for a hearing<\/span> as soon as practicable, but no longer than 30 days of receipt of the hearing<\/span> request. The suspension<\/span> shall remain in effect pending the outcome of the hearing<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUSPENSION, REVOCATION, CANCELLATION OR REFUSAL TO RENEW CLINIC LICENSE OR\nINSTRUCTOR LICENSE; IMPOSITION OF MONETARY PENALTIES (\u00a7 46.2-490.5)\n\nA. Except as otherwise provided in this section, no license issued under this\nchapter shall be suspended, revoked, or cancelled or renewal thereof denied, and\nno monetary penalty shall be imposed pursuant to § 46.2-490.6, unless the\nlicensee has been furnished a written copy of the complaint against him and the\ngrounds upon which the action is taken and has been offered an opportunity for\nan administrative hearing to show cause why such action should not be taken.\n\nB. The order suspending, revoking, canceling, or denying renewal of a license,\nor imposing a monetary penalty, except as otherwise provided in subsection D of\nthis section, shall not become effective until the licensee has had 30 days\nafter notice of the opportunity for a hearing to make a written request for such\na hearing. If no hearing has been requested within such 30-day period, the order\nshall become effective and no hearing shall thereafter be held. Except as\nprovided in subsection D of this section, a timely request for a hearing shall\nautomatically stay operation of the order until after the hearing.\n\nC. Notice of an order suspending, revoking, canceling or denying renewal of a\nlicense, or imposing a monetary penalty and advising the licensee of the\nopportunity for a hearing shall be mailed to the licensee by registered mail to\nthe clinic address as shown in the Department’s records and shall be\nconsidered served when mailed.\n\nD. Notwithstanding the provisions of subsection B of this section, if the\nCommissioner makes a finding, after conducting a preliminary investigation, that\nthe conduct of a licensee (i) is in violation of this chapter, regulations\nadopted pursuant to this chapter, or criteria established by the Department\npursuant to this chapter, and (ii) such violation constitutes a danger to public\nsafety, the Commissioner may issue an order suspending, revoking, or denying\nrenewal of the instructor’s license, the clinic’s license, or both,\nas deemed appropriate by the Commissioner. Orders suspending, revoking, or\ndenying renewal of such license pursuant to this subsection shall be effective\nimmediately. Notice of the suspension, revocation or denial shall be in writing\nand mailed in accordance with subsection C of this section. Upon receipt of a\nrequest for a hearing appealing the suspension, the licensee shall be afforded\nthe opportunity for a hearing as soon as practicable, but no longer than 30 days\nof receipt of the hearing request. The suspension shall remain in effect pending\nthe outcome of the hearing.\n\nHISTORY: 2004, c. 622.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}