Section 220. Hearing as a matter of right

Any person or owner whose rights, duties, or privileges have been, or may be affected by any decision of the board or its subordinates in the administration of this chapter shall have a right to both informal and adjudicatory hearings. The commissioner may require participation in an informal hearing before granting the request for a full adjudicatory hearing.

Exception. No person other than an owner shall have the right to an adjudicatory hearing to challenge the issuance of either a construction permit or operation permit unless the person can demonstrate at an informal hearing that the minimum standards contained in these regulations have not been applied and that he will be injured in some manner by the issuance of the permit.

Historical Notes

Derived from VR355-34-02 § 2.10, eff. February 5, 1986; amended, eff. May 11, 1988.

Statutory Authority

§§ 32.1-12 and 32.1-164 of the Code of Virginia.