1. A. Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator. Termination of a surety bond or a letter of credit may not occur until 120 days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt.

2. B. If a provider of financial assurance cancels or fails to renew for reasons other than incapacity of the provider as specified in 9VAC25-650-180, the owner or operator shall obtain alternate coverage as specified in this section and shall submit to the department the appropriate original forms listed in 9VAC25-650-90, 9VAC25-650-100, 9VAC25-650-110, or 9VAC25-650-120 documenting the alternate coverage within 60 days after receipt of the notice of termination. If the owner or operator fails to obtain alternate coverage within 60 days after receipt of the notice of termination, the owner or operator shall immediately notify the department of such failure and submit:

   1. 1. The name and address of the provider of financial assurance;
   2. 2. The effective date of termination; and
   3. 3. A copy of the financial assurance mechanism subject to the termination maintained in accordance with this chapter.

Statutory Authority

§§ 62.1-44.15 and 62.1-44.18:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 4, eff. December 5, 2001; amended, Virginia Register Volume 31, Issue 21, eff. July 30, 2015; Volume 39, Issue 5, eff. November 23, 2022.