Section 180. Case decisions

The agency may make case decisions via informal hearings or by agreement. An informal hearing, for purposes of this chapter, is conducted by a department employee designated by the commissioner. The agency shall provide the named party with reasonable notice of violations and administrative hearings, the right to be present at administrative hearings or by counsel or other qualified representative before the agency or its subordinates for the informal presentation of factual data, argument or proof in connection with any case. A named party shall also have the right to (i) have notice of any contrary fact basis or information in the possession of the agency which can be relied upon in making an adverse decision, (ii) receive a prompt decision of any application for a permit, benefit or renewal, and (iii) to be informed, briefly and generally, in writing, of the factual basis or procedural basis for an adverse decision in any case. The commissioner's designee shall review the facts presented and based on those facts render a case decision. Such case decision shall be the final administrative decision of the agency. The agency may, but is not required to, have a verbatim record made of the hearing proceedings. When a verbatim record is made at the direction of the agency, it shall constitute the official record of the proceedings. A written copy of the decision and the basis for the decision shall be sent to the named party in a timely manner in accordance with the Administrative Process Act unless the parties mutually agree to a later date in order to allow the department to evaluate additional evidence. Only an aggrieved named party to a case decision may appeal an adverse decision to the appropriate circuit court pursuant to § 2.2-4026 of the Code of Virginia and Part Two A of the Rules of the Supreme Court of Virginia.

Historical Notes

Derived from Volume 18, Issue 18, eff. July 1, 2002.

Statutory Authority

§§ 32.1-163.5 and 32.1-164 of the Code of Virginia.