Section 130. Petition for formal hearing

A. The applicant or permittee or any person aggrieved by any action or inaction of the board or executive secretary with respect to a permit or arising out of the public hearing procedures outlined above may petition the executive secretary for the convening of a formal hearing as described in 9VAC25-230-100 and following. If filed by an aggrieved owner under § 62.1-44.25 of the Code of Virginia, the petition must be filed within 30 days of the mailing of notice of the action appealed from to that owner by certified mail in accordance with § 10.1-1183 of the Code of Virginia; otherwise the petition must be filed within 30 calendar days of the action appealed from. The executive secretary shall acknowledge in writing the receipt of all petitions for formal hearing.

B. The petition shall contain the following:

1. 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 (for the purposes of this requirement, an unincorporated association is a person);

2. A statement of the action appealed from;

3. A statement setting forth the interest of the petitioner and explaining how and to what extent the action appealed from will directly and adversely affect such interest;

4. A statement setting forth the errors alleged in the Board's action and the reasons why such action is deemed contrary to law;

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

6. A statement setting forth the specific relief requested.

C. The executive secretary shall consider all petitions filed in accordance with 9VAC25-230-130, and shall authorize the convening of a formal hearing if he finds that:

1. A petition meeting the requirements of 9VAC25-230-130 B has been filed by the applicant or permittee or any owner having the right to demand a hearing under § 62.1-44.25 of the Code of Virginia; or

2. A petition meeting the requirements of 9VAC25-230-130 B has been filed by a person other than the applicant or permittee, and the petition raises genuine and substantial issues of law or fact which, if resolved adversely to the petitioner, would result in an injury to an interest of the petitioner. The executive secretary also may authorize a formal hearing on his own motion.

D. The executive secretary shall notify the applicant or permittee, all other petitioners, and all persons who presented testimony or views at the public hearing by mail, electronic or postal delivery, of his decision to authorize or deny a hearing. Should a hearing be authorized, he shall at the same time notify the applicant or permittee and all petitioners for a formal hearing of the date and place of the hearing and advise them of the assertions of fact and law made by the petitioners. The hearing shall be scheduled to be held not less than 30, nor more than 60 days from the date of such notice. When the executive secretary authorizes a hearing on his own motion, he shall give at least 30 days' notice by certified mail to the affected applicant, permittee or proposed recipient of a special order. Except for special order hearings, the executive secretary shall further give notice by newspaper publication.

E. The executive secretary may at the request of the applicant, permittee, or any party reschedule the date for the formal hearing. The executive secretary will promptly notify all parties of any rescheduled hearing date.

Historical Notes

Derived from VR680-31-01 § 1.23, eff. June 10, 1980; amended, Volume 29, Issue 24, eff. September 1, 2013.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.