Section 200. Appeal

A. Any appeal from a denial of an application for certification as an AOSE must be made by the applicant in writing and received by the department within 30 days of the date of receipt of notice of the denial.

B. Any request for hearing on the denial of an application for a variance pursuant to 12VAC5-615-170 must be made by the applicant in writing and received within 30 days of receipt of the notice.

C. In the event a person applies for a variance within the 30-day period provided by 12VAC5-615-170 I, the date for appealing the denial of the certification pursuant to subsection B of this section shall commence from the date on which the department acts on the request for a variance.

D. Pursuant to the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), an aggrieved named party may appeal an adverse case decision to an appropriate circuit court.

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.