Section 330. Court review; appeal of final order

A. The agency's final administrative decision (final agency order) may be appealed. Any person affected by and claiming the unlawfulness of the agency's final case decision shall have the right to direct review thereof by an appropriate and timely court action. Such appeal actions shall be initiated in the circuit court of jurisdiction in which the party applying for review resides; however, if such party is not a resident of Virginia, the venue shall be in the City of Richmond, Virginia.

B. Notification shall be given to the attention of the Director, Department of Criminal Justice Services, in writing within 30 days of the date notification of the board decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court)

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect, unless the court issues a stay of the order.

Historical Notes

Derived from Volume 31, Issue 25, eff. September 9, 2015.

Statutory Authority

§ 9.1-141 of the Code of Virginia.