Section 140. Petition to become a party to a formal hearing

A. Any person may, at any time after a petition for formal hearing has been filed or the executive secretary has authorized a formal hearing on his own motion, but not more than 15 days after mailing, by electronic or postal delivery, or publication of notice, whichever is later, of the executive secretary's decision to authorize a formal hearing, petition the executive secretary to become a party to the formal hearing. The executive secretary shall acknowledge in writing the receipt of all petitions to become a party. A petition for a hearing filed in accordance with 9VAC25-230-130 shall also be deemed a petition to be a party to any hearing that may be authorized in accordance with such petition.

1. The petition to become a party shall contain the following:

a. The names and addresses of the petitioner, the petitioner's counsel (if any) and all persons for whom the petitioner is acting as a representative;

b. A statement setting forth the interest of the petitioner in the matter;

c. A statement by the petitioner that, should its petition be granted, the petitioner and all persons represented by the petitioner in connection with the hearing will be available, without cost to any other party, to appear at the hearing;

d. A statement setting forth the position of the petitioner with respect to any errors alleged in the petition for hearing; and

e. A statement setting forth any cross- errors alleged in the board's action.

2. The executive secretary shall consider all petitions filed in accordance herewith, and shall grant those petitions that both:

a. Meet the requirements of subsection 1 above; and

b. Raise one or more genuine and substantial issues in the petition for hearing, or cite one or more issues in the hearing notice, which, if resolved adversely to the petitioner, would result in an injury to an interest of the petitioner.

3. The executive secretary shall notify the applicant or permittee, and all other parties by mail, electronic or postal delivery, of his decision to grant or deny a petition to become a party.

Historical Notes

Derived from VR680-31-01 § 1.24, eff. June 10, 1980; amended, Volume 29, Issue 24, eff. September 1, 2013.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.