Section 560. Appeal of a permit denial

A. If the department denies a permit to an applicant, the applicant shall be informed in writing of the decision and the reasons supporting the denial decision. The department shall mail the decision to the applicant by certified mail. Within 30 days of the notification date of denial of the permit, the applicant may make a written request of the director for a hearing to contest the director's decision. The hearing shall be conducted in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The director shall render a decision affirming or modifying the previous denial, and shall notify the applicant of his decision in writing. If the director's decision is adverse to the applicant, the applicant may appeal in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Historical Notes

Derived from Volume 27, Issue 12, eff. March 16, 2011.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.