§ 45.1-361.23. Appeals of the Director's decisions; notices; hearings andorders.
A. With the exception of an aggrieved permit applicant, no person shall havestanding to appeal a decision of the Director to the Board concerning a newpermit application unless such person has previously filed an objection withthe Director pursuant to the provisions of § 45.1-361.35.
B. When a person applies for a hearing to appeal a decision of the Directorto the Board, the Board shall, at least twenty days prior to the hearing,give notice by certified mail, return receipt requested, to the person makingthe appeal and, if different, to the gas or operator subject to the appeal.
C. Upon submittal of the petition for appeal of a decision of the Director tothe Board, the Director shall forward to the Board (i) the permit applicationor order and associated documents, (ii) all required notices, and (iii) thewritten objections, proposals and claims recorded during the informal factfinding hearing.
D. In any appeal involving a permit of a new well which was objected topursuant to the provisions of § 45.1-361.11, § 45.1-361.12, or by a gasstorage field operator who asserts that the proposed well work will adverselyaffect the operation of a State Corporation Commission certificated gasstorage field, the filing of a petition for appeal shall stay any permituntil the case is decided by the Board or the stay is dissolved by a court ofrecord. However, in an appeal by a gas storage field operator, such automaticstay shall not apply to oil, gas or coalbed methane wells completed more thanone hundred feet above the cap rock above the storage stratum. In all otherappeals, the Director may order the permit or other decision stayed for goodcause shown until the case is decided by the Board or the stay is dissolvedby a court of record. An appeal based on an alleged risk of danger to anyperson not engaged in the oil and gas operations shall be prima facie proofof good cause for a stay.
E. The Board shall conduct all hearings under this section in accordance withthe formal litigated issues hearing provisions of the Administrative ProcessAct (§ 2.2-4020 et seq.). However, all persons to whom notice is required tobe given pursuant to subsection B of this section shall have standing to beheard at the hearing. The Board shall render its decision on such appealswithin thirty days of the hearing's closing date and shall providenotification of its decision to all parties pursuant to the provisions of theAdministrative Process Act (§ 2.2-4000 et seq.).
§ 45.1-361.23. Appeals of the Director's decisions; notices; hearings andorders.
A. With the exception of an aggrieved permit applicant, no person shall havestanding to appeal a decision of the Director to the Board concerning a newpermit application unless such person has previously filed an objection withthe Director pursuant to the provisions of § 45.1-361.35.
B. When a person applies for a hearing to appeal a decision of the Directorto the Board, the Board shall, at least twenty days prior to the hearing,give notice by certified mail, return receipt requested, to the person makingthe appeal and, if different, to the gas or operator subject to the appeal.
C. Upon submittal of the petition for appeal of a decision of the Director tothe Board, the Director shall forward to the Board (i) the permit applicationor order and associated documents, (ii) all required notices, and (iii) thewritten objections, proposals and claims recorded during the informal factfinding hearing.
D. In any appeal involving a permit of a new well which was objected topursuant to the provisions of § 45.1-361.11, § 45.1-361.12, or by a gasstorage field operator who asserts that the proposed well work will adverselyaffect the operation of a State Corporation Commission certificated gasstorage field, the filing of a petition for appeal shall stay any permituntil the case is decided by the Board or the stay is dissolved by a court ofrecord. However, in an appeal by a gas storage field operator, such automaticstay shall not apply to oil, gas or coalbed methane wells completed more thanone hundred feet above the cap rock above the storage stratum. In all otherappeals, the Director may order the permit or other decision stayed for goodcause shown until the case is decided by the Board or the stay is dissolvedby a court of record. An appeal based on an alleged risk of danger to anyperson not engaged in the oil and gas operations shall be prima facie proofof good cause for a stay.
E. The Board shall conduct all hearings under this section in accordance withthe formal litigated issues hearing provisions of the Administrative ProcessAct (§ 2.2-4020 et seq.). However, all persons to whom notice is required tobe given pursuant to subsection B of this section shall have standing to beheard at the hearing. The Board shall render its decision on such appealswithin thirty days of the hearing's closing date and shall providenotification of its decision to all parties pursuant to the provisions of theAdministrative Process Act (§ 2.2-4000 et seq.).
§ 45.1-361.23. Appeals of the Director's decisions; notices; hearings andorders.
A. With the exception of an aggrieved permit applicant, no person shall havestanding to appeal a decision of the Director to the Board concerning a newpermit application unless such person has previously filed an objection withthe Director pursuant to the provisions of § 45.1-361.35.
B. When a person applies for a hearing to appeal a decision of the Directorto the Board, the Board shall, at least twenty days prior to the hearing,give notice by certified mail, return receipt requested, to the person makingthe appeal and, if different, to the gas or operator subject to the appeal.
C. Upon submittal of the petition for appeal of a decision of the Director tothe Board, the Director shall forward to the Board (i) the permit applicationor order and associated documents, (ii) all required notices, and (iii) thewritten objections, proposals and claims recorded during the informal factfinding hearing.
D. In any appeal involving a permit of a new well which was objected topursuant to the provisions of § 45.1-361.11, § 45.1-361.12, or by a gasstorage field operator who asserts that the proposed well work will adverselyaffect the operation of a State Corporation Commission certificated gasstorage field, the filing of a petition for appeal shall stay any permituntil the case is decided by the Board or the stay is dissolved by a court ofrecord. However, in an appeal by a gas storage field operator, such automaticstay shall not apply to oil, gas or coalbed methane wells completed more thanone hundred feet above the cap rock above the storage stratum. In all otherappeals, the Director may order the permit or other decision stayed for goodcause shown until the case is decided by the Board or the stay is dissolvedby a court of record. An appeal based on an alleged risk of danger to anyperson not engaged in the oil and gas operations shall be prima facie proofof good cause for a stay.
E. The Board shall conduct all hearings under this section in accordance withthe formal litigated issues hearing provisions of the Administrative ProcessAct (§ 2.2-4020 et seq.). However, all persons to whom notice is required tobe given pursuant to subsection B of this section shall have standing to beheard at the hearing. The Board shall render its decision on such appealswithin thirty days of the hearing's closing date and shall providenotification of its decision to all parties pursuant to the provisions of theAdministrative Process Act (§ 2.2-4000 et seq.).
