Code of Virginia § 46.2-2005. Action on applications; hearings on denials and protests.
404 words·~2 min read·
/va/title-46-2/chapter-20/46-2-2005A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The Department may act upon any application required under this chapter for a certificate of public convenience and necessity without a hearing, unless such application is protested by any aggrieved party, except that no protest shall be heard in such cases whereby the applicant has received a notice of intent to award a contract under the Virginia Public Procurement Act (§ 2.2-4300 et seq.) for irregular route common carrier service to or from a public-use airport located in the City of Norfolk or the County of Henrico. Aggrieved parties may protest an application by submitting written grounds to the Department setting forth
(i)a precise statement of the party's interest and how the party could be aggrieved if the application were granted;
(ii)a full and clear statement of the facts that the person is prepared to provide by competent evidence;
(iii)a statement of the specific relief sought;
(iv)the case number assigned to the application; and
(v)a certification that a copy of the protest was sent to the applicant.
B. The Department may act upon any application required under this chapter for a license or certificate of fitness without a hearing, unless such application is protested by any party based upon fitness allegations. Parties may protest an application by submitting written grounds to the Department setting forth
(i)a precise statement of the party's objections to the application being granted;
(ii)a full and clear statement of the facts that the person is prepared to provide by competent evidence;
(iii)the case number assigned to the application; and
(iv)a certification that a copy of the protest was sent to the applicant. The Department shall have full discretion as to whether a hearing is warranted based on the merits of any protest filed.
C. Any applicant denied without a hearing an original license, permit, or certificate under subsection A or B of this section or subsection B of § 46.2-2001.1 , or any request for a transfer of such a license or certificate, shall be given a hearing at a time and place determined by the Commissioner or his designee upon the applicant's written request for such hearing made within 30 days of denial.
Code 1950, § 56-279; 1995, cc. 744 , 803 ; 2001, c. 596 ; 2002, cc. 681 , 734 , 870 ; 2011, cc. 424 , 881 , 889 ; 2013, cc. 165 , 582 .