A. In cases where a board or commission meets to render (i) an informalfact-finding decision or (ii) a decision on a litigated issue, andinformation from a prior proceeding is being considered, persons whoparticipated in the prior proceeding shall be provided an opportunity torespond at the board or commission meeting to any summaries of the priorproceeding prepared by or for the board or commission.
B. In any informal fact-finding, formal proceeding, or summary case decisionproceeding in which a hearing officer is not used or is not empowered torecommend a finding, the board, commission, or agency personnel responsiblefor rendering a decision shall render that decision within 90 days from thedate of the informal fact-finding, formal proceeding, or completion of asummary case decision proceeding, or from a later date agreed to by the namedparty and the agency. If the agency does not render a decision within 90days, the named party to the case decision may provide written notice to theagency that a decision is due. If no decision is made within 30 days fromagency receipt of the notice, the decision shall be deemed to be in favor ofthe named party. The preceding sentence shall not apply to case decisionsbefore (i) the State Water Control Board or the Department of EnvironmentalQuality to the extent necessary to comply with the federal Clean Water Act,(ii) the State Air Pollution Control Board or the Department of EnvironmentalQuality to the extent necessary to comply with the federal Clean Air Act, or(iii) the Virginia Soil and Water Conservation Board or the Department ofConservation and Recreation to the extent necessary to comply with thefederal Clean Water Act. An agency shall provide notification to the namedparty of its decision within five days of the decision.
C. In any informal fact-finding, formal proceeding, or summary case decisionproceeding in which a hearing officer is empowered to recommend a finding,the board, commission, or agency personnel responsible for rendering adecision shall render that decision within 30 days from the date that theagency receives the hearing officer's recommendation. If the agency does notrender a decision within 30 days, the named party to the case decision mayprovide written notice to the agency that a decision is due. If no decisionis made within 30 days from agency receipt of the notice, the decision isdeemed to be in favor of the named party. The preceding sentence shall notapply to case decisions before (i) the State Water Control Board or theDepartment of Environmental Quality to the extent necessary to comply withthe federal Clean Water Act, (ii) the State Air Pollution Control Board orthe Department of Environmental Quality to the extent necessary to complywith the federal Clean Air Act, or (iii) the Virginia Soil and WaterConservation Board or the Department of Conservation and Recreation to theextent necessary to comply with the federal Clean Water Act. An agency shallprovide notice to the named party of its decision within five days of thedecision.
D. The provisions of subsection B notwithstanding, if the board members oragency personnel who conducted the informal fact-finding, formal proceeding,or summary case decision proceeding are unable to attend to official dutiesdue to sickness, disability, or termination of their official capacity withthe agency, then the timeframe provisions of subsection B shall be reset andcommence from the date that either new board members or agency personnel areassigned to the matter or a new proceeding is conducted if needed, whicheveris later. An agency shall provide notice within five days to the named partyof any incapacity of the board members or agency personnel that necessitatesa replacement or a new proceeding.
(1975, c. 503, §§ 9-6.14:11, 9-6.14:12; 1986, c. 615; 1989, c. 601; 1991, c.584; 1993, c. 898; 1994, c. 748; 1995, c. 398; 2001, c. 844; 2005, c. 102;2006, c. 702.)
A. In cases where a board or commission meets to render (i) an informalfact-finding decision or (ii) a decision on a litigated issue, andinformation from a prior proceeding is being considered, persons whoparticipated in the prior proceeding shall be provided an opportunity torespond at the board or commission meeting to any summaries of the priorproceeding prepared by or for the board or commission.
B. In any informal fact-finding, formal proceeding, or summary case decisionproceeding in which a hearing officer is not used or is not empowered torecommend a finding, the board, commission, or agency personnel responsiblefor rendering a decision shall render that decision within 90 days from thedate of the informal fact-finding, formal proceeding, or completion of asummary case decision proceeding, or from a later date agreed to by the namedparty and the agency. If the agency does not render a decision within 90days, the named party to the case decision may provide written notice to theagency that a decision is due. If no decision is made within 30 days fromagency receipt of the notice, the decision shall be deemed to be in favor ofthe named party. The preceding sentence shall not apply to case decisionsbefore (i) the State Water Control Board or the Department of EnvironmentalQuality to the extent necessary to comply with the federal Clean Water Act,(ii) the State Air Pollution Control Board or the Department of EnvironmentalQuality to the extent necessary to comply with the federal Clean Air Act, or(iii) the Virginia Soil and Water Conservation Board or the Department ofConservation and Recreation to the extent necessary to comply with thefederal Clean Water Act. An agency shall provide notification to the namedparty of its decision within five days of the decision.
C. In any informal fact-finding, formal proceeding, or summary case decisionproceeding in which a hearing officer is empowered to recommend a finding,the board, commission, or agency personnel responsible for rendering adecision shall render that decision within 30 days from the date that theagency receives the hearing officer's recommendation. If the agency does notrender a decision within 30 days, the named party to the case decision mayprovide written notice to the agency that a decision is due. If no decisionis made within 30 days from agency receipt of the notice, the decision isdeemed to be in favor of the named party. The preceding sentence shall notapply to case decisions before (i) the State Water Control Board or theDepartment of Environmental Quality to the extent necessary to comply withthe federal Clean Water Act, (ii) the State Air Pollution Control Board orthe Department of Environmental Quality to the extent necessary to complywith the federal Clean Air Act, or (iii) the Virginia Soil and WaterConservation Board or the Department of Conservation and Recreation to theextent necessary to comply with the federal Clean Water Act. An agency shallprovide notice to the named party of its decision within five days of thedecision.
D. The provisions of subsection B notwithstanding, if the board members oragency personnel who conducted the informal fact-finding, formal proceeding,or summary case decision proceeding are unable to attend to official dutiesdue to sickness, disability, or termination of their official capacity withthe agency, then the timeframe provisions of subsection B shall be reset andcommence from the date that either new board members or agency personnel areassigned to the matter or a new proceeding is conducted if needed, whicheveris later. An agency shall provide notice within five days to the named partyof any incapacity of the board members or agency personnel that necessitatesa replacement or a new proceeding.
(1975, c. 503, §§ 9-6.14:11, 9-6.14:12; 1986, c. 615; 1989, c. 601; 1991, c.584; 1993, c. 898; 1994, c. 748; 1995, c. 398; 2001, c. 844; 2005, c. 102;2006, c. 702.)
A. In cases where a board or commission meets to render (i) an informalfact-finding decision or (ii) a decision on a litigated issue, andinformation from a prior proceeding is being considered, persons whoparticipated in the prior proceeding shall be provided an opportunity torespond at the board or commission meeting to any summaries of the priorproceeding prepared by or for the board or commission.
B. In any informal fact-finding, formal proceeding, or summary case decisionproceeding in which a hearing officer is not used or is not empowered torecommend a finding, the board, commission, or agency personnel responsiblefor rendering a decision shall render that decision within 90 days from thedate of the informal fact-finding, formal proceeding, or completion of asummary case decision proceeding, or from a later date agreed to by the namedparty and the agency. If the agency does not render a decision within 90days, the named party to the case decision may provide written notice to theagency that a decision is due. If no decision is made within 30 days fromagency receipt of the notice, the decision shall be deemed to be in favor ofthe named party. The preceding sentence shall not apply to case decisionsbefore (i) the State Water Control Board or the Department of EnvironmentalQuality to the extent necessary to comply with the federal Clean Water Act,(ii) the State Air Pollution Control Board or the Department of EnvironmentalQuality to the extent necessary to comply with the federal Clean Air Act, or(iii) the Virginia Soil and Water Conservation Board or the Department ofConservation and Recreation to the extent necessary to comply with thefederal Clean Water Act. An agency shall provide notification to the namedparty of its decision within five days of the decision.
C. In any informal fact-finding, formal proceeding, or summary case decisionproceeding in which a hearing officer is empowered to recommend a finding,the board, commission, or agency personnel responsible for rendering adecision shall render that decision within 30 days from the date that theagency receives the hearing officer's recommendation. If the agency does notrender a decision within 30 days, the named party to the case decision mayprovide written notice to the agency that a decision is due. If no decisionis made within 30 days from agency receipt of the notice, the decision isdeemed to be in favor of the named party. The preceding sentence shall notapply to case decisions before (i) the State Water Control Board or theDepartment of Environmental Quality to the extent necessary to comply withthe federal Clean Water Act, (ii) the State Air Pollution Control Board orthe Department of Environmental Quality to the extent necessary to complywith the federal Clean Air Act, or (iii) the Virginia Soil and WaterConservation Board or the Department of Conservation and Recreation to theextent necessary to comply with the federal Clean Water Act. An agency shallprovide notice to the named party of its decision within five days of thedecision.
D. The provisions of subsection B notwithstanding, if the board members oragency personnel who conducted the informal fact-finding, formal proceeding,or summary case decision proceeding are unable to attend to official dutiesdue to sickness, disability, or termination of their official capacity withthe agency, then the timeframe provisions of subsection B shall be reset andcommence from the date that either new board members or agency personnel areassigned to the matter or a new proceeding is conducted if needed, whicheveris later. An agency shall provide notice within five days to the named partyof any incapacity of the board members or agency personnel that necessitatesa replacement or a new proceeding.
(1975, c. 503, §§ 9-6.14:11, 9-6.14:12; 1986, c. 615; 1989, c. 601; 1991, c.584; 1993, c. 898; 1994, c. 748; 1995, c. 398; 2001, c. 844; 2005, c. 102;2006, c. 702.)
