A. Any person who has (i) applied for a permit, certificate, or license froman agency or (ii) received written notice of a potential violation from anagency may request a summary case decision from the agency. The request for asummary case decision shall be in writing, signed by or on behalf of therequestor, and be submitted to the agency secretary as defined by the Rulesof the Supreme Court of Virginia. The request shall include:
1. A statement that no material facts are in dispute;
2. A proposed stipulation of all such undisputed material facts concerningthe application or notice;
3. A clear and concise statement of the questions of law to be decided bysummary case decision; and
4. A statement that the requestor waives his right to any otheradministrative proceeding provided in this article by the agency on thequestions of law to be decided by summary case decision.
B. Within 21 days of receipt of a complete request for summary case decision,the agency shall determine whether the matter in dispute properly may bedecided by summary case decision and shall promptly notify the requestor ofits determination in writing. If a request for summary case decision is notcomplete, the agency may request additional specific information from therequestor. The agency shall decide the matter by summary case decision if itdetermines that there are no disputed issues of material fact. However, if(i) an informal fact-finding proceeding as provided in § 2.2-4019, a formalhearing as provided in § 2.2-4020, or other proceeding authorized by theagency's basic law concerning the application or notice has been scheduled,the requestor has been notified, and the issues that are the subject of suchproceeding or hearing include questions that are the subject of the requestfor summary case decision or (ii) the matter must be decided through anypublic participation requirements under this chapter or the agency's basiclaw, the agency shall not be required to decide the matter by summary casedecision.
C. Denial of a request for summary case decision shall not be subject tojudicial review in accordance with this chapter and the Rules of the SupremeCourt of Virginia, and shall not prejudice any rights the requestor has ormay have under this chapter or the agency's basic law. Nothing in thisarticle shall prevent an agency from consolidating the summary case decisionproceeding into, or proceeding with, a separate informal fact-findingproceeding, formal hearing, or other proceeding authorized by the agency'sbasic law concerning the matter in question.
D. Upon granting a request for summary case decision, the agency shallestablish a schedule for the parties to submit briefs on the questions of lawin dispute and may, by agreement of the parties, provide for oral argument.
E. All decisions or recommended decisions shall be served on the requestor,become a part of the record, and briefly state or recommend the findings,conclusions, reasons, or basis therefor upon the evidence contained in therecord and relevant to the basic law under which the agency is operating,together with the appropriate order, license, grant of benefits, sanction,relief, or denial thereof.
A. Any person who has (i) applied for a permit, certificate, or license froman agency or (ii) received written notice of a potential violation from anagency may request a summary case decision from the agency. The request for asummary case decision shall be in writing, signed by or on behalf of therequestor, and be submitted to the agency secretary as defined by the Rulesof the Supreme Court of Virginia. The request shall include:
1. A statement that no material facts are in dispute;
2. A proposed stipulation of all such undisputed material facts concerningthe application or notice;
3. A clear and concise statement of the questions of law to be decided bysummary case decision; and
4. A statement that the requestor waives his right to any otheradministrative proceeding provided in this article by the agency on thequestions of law to be decided by summary case decision.
B. Within 21 days of receipt of a complete request for summary case decision,the agency shall determine whether the matter in dispute properly may bedecided by summary case decision and shall promptly notify the requestor ofits determination in writing. If a request for summary case decision is notcomplete, the agency may request additional specific information from therequestor. The agency shall decide the matter by summary case decision if itdetermines that there are no disputed issues of material fact. However, if(i) an informal fact-finding proceeding as provided in § 2.2-4019, a formalhearing as provided in § 2.2-4020, or other proceeding authorized by theagency's basic law concerning the application or notice has been scheduled,the requestor has been notified, and the issues that are the subject of suchproceeding or hearing include questions that are the subject of the requestfor summary case decision or (ii) the matter must be decided through anypublic participation requirements under this chapter or the agency's basiclaw, the agency shall not be required to decide the matter by summary casedecision.
C. Denial of a request for summary case decision shall not be subject tojudicial review in accordance with this chapter and the Rules of the SupremeCourt of Virginia, and shall not prejudice any rights the requestor has ormay have under this chapter or the agency's basic law. Nothing in thisarticle shall prevent an agency from consolidating the summary case decisionproceeding into, or proceeding with, a separate informal fact-findingproceeding, formal hearing, or other proceeding authorized by the agency'sbasic law concerning the matter in question.
D. Upon granting a request for summary case decision, the agency shallestablish a schedule for the parties to submit briefs on the questions of lawin dispute and may, by agreement of the parties, provide for oral argument.
E. All decisions or recommended decisions shall be served on the requestor,become a part of the record, and briefly state or recommend the findings,conclusions, reasons, or basis therefor upon the evidence contained in therecord and relevant to the basic law under which the agency is operating,together with the appropriate order, license, grant of benefits, sanction,relief, or denial thereof.
A. Any person who has (i) applied for a permit, certificate, or license froman agency or (ii) received written notice of a potential violation from anagency may request a summary case decision from the agency. The request for asummary case decision shall be in writing, signed by or on behalf of therequestor, and be submitted to the agency secretary as defined by the Rulesof the Supreme Court of Virginia. The request shall include:
1. A statement that no material facts are in dispute;
2. A proposed stipulation of all such undisputed material facts concerningthe application or notice;
3. A clear and concise statement of the questions of law to be decided bysummary case decision; and
4. A statement that the requestor waives his right to any otheradministrative proceeding provided in this article by the agency on thequestions of law to be decided by summary case decision.
B. Within 21 days of receipt of a complete request for summary case decision,the agency shall determine whether the matter in dispute properly may bedecided by summary case decision and shall promptly notify the requestor ofits determination in writing. If a request for summary case decision is notcomplete, the agency may request additional specific information from therequestor. The agency shall decide the matter by summary case decision if itdetermines that there are no disputed issues of material fact. However, if(i) an informal fact-finding proceeding as provided in § 2.2-4019, a formalhearing as provided in § 2.2-4020, or other proceeding authorized by theagency's basic law concerning the application or notice has been scheduled,the requestor has been notified, and the issues that are the subject of suchproceeding or hearing include questions that are the subject of the requestfor summary case decision or (ii) the matter must be decided through anypublic participation requirements under this chapter or the agency's basiclaw, the agency shall not be required to decide the matter by summary casedecision.
C. Denial of a request for summary case decision shall not be subject tojudicial review in accordance with this chapter and the Rules of the SupremeCourt of Virginia, and shall not prejudice any rights the requestor has ormay have under this chapter or the agency's basic law. Nothing in thisarticle shall prevent an agency from consolidating the summary case decisionproceeding into, or proceeding with, a separate informal fact-findingproceeding, formal hearing, or other proceeding authorized by the agency'sbasic law concerning the matter in question.
D. Upon granting a request for summary case decision, the agency shallestablish a schedule for the parties to submit briefs on the questions of lawin dispute and may, by agreement of the parties, provide for oral argument.
E. All decisions or recommended decisions shall be served on the requestor,become a part of the record, and briefly state or recommend the findings,conclusions, reasons, or basis therefor upon the evidence contained in therecord and relevant to the basic law under which the agency is operating,together with the appropriate order, license, grant of benefits, sanction,relief, or denial thereof.
