{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1186.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1186.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1186.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1186.3.html"}],"law_id":86115,"edition_id":1,"section_id":86115,"structure_id":14493,"section_number":"10.1-1186.3","catch_line":"Additional powers of Boards and the Department; mediation; alternative dispute resolution","history":"1997, cc. 645, 667; 2022, c. 356.","full_text":"A\n\nThe State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board, in their discretion, or the Director, in his discretion, may employ mediation as defined in \u00a7 8.01-581.21, or a dispute resolution proceeding as defined in \u00a7 8.01-576.4, in appropriate cases to resolve underlying issues, reach a consensus, or compromise on contested issues. An “appropriate case” means any process related to the development of a regulation by the Board or the issuance of a permit by the Department in which it is apparent that there are significant issues of disagreement among interested persons and for which the Board or the Department finds that the use of a mediation or dispute resolution proceeding is in the public interest. The Boards or the Department shall consider not using a mediation or dispute resolution proceeding if:1\n\nA definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent;2\n\nThe matter involves or may bear upon significant questions of state policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the Department;3\n\nMaintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions;4\n\nThe matter significantly affects persons or organizations who are not parties to the proceeding;5\n\nA full public record of the proceeding is important, and a mediation or dispute resolution proceeding cannot provide such a record; and6\n\nThe Board or the Department must maintain continuing jurisdiction over the matter with the authority to alter the disposition of the matter in light of changed circumstances, and a mediation or dispute resolution proceeding would interfere with the Department or the Board’s fulfilling that requirement.\n\t\t\t\tMediation and alternative dispute resolution as authorized by this section are voluntary procedures which supplement rather than limit other dispute resolution techniques available to the Boards or the Department. Mediation or a dispute resolution proceeding may be employed in the issuance of a permit only with the consent and participation of the permit applicant and shall be terminated at the request of the permit applicant.B\n\nThe decision to employ mediation or a dispute resolution proceeding is in a Board’s or the Department’s sole discretion and is not subject to judicial review.C\n\nThe outcome of any mediation or dispute resolution proceeding shall not be binding upon a Board or the Department, but may be considered by the Department in issuing a permit or by a Board in promulgating a regulation.D\n\nEach Board and the Department shall adopt rules and regulations, in accordance with the Administrative Process Act, for the implementation of this section. Such rules and regulations shall include (i) standards and procedures for the conduct of mediation and dispute resolution, including an opportunity for interested persons identified by the Department to participate in the proceeding; (ii) the appointment and function of a neutral, as defined in § 8.01-576.4, to encourage and assist parties to voluntarily compromise or settle contested issues; and (iii) procedures to protect the confidentiality of papers, work product or other materials.E\n\nThe provisions of § 8.01-576.10 concerning the confidentiality of a mediation or dispute resolution proceeding shall govern all such proceedings held pursuant to this section except where the Department or a Board uses or relies on information obtained in the course of such proceeding in issuing a permit or promulgating a regulation, respectively.\n\t\t\tNothing in this section shall create or alter any right, action or cause of action, or be interpreted or applied in a manner inconsistent with the Administrative Process Act (§ 2.2-4000 et seq.), with applicable federal law or with any applicable requirement for the Commonwealth to obtain or maintain federal delegation or approval of any regulatory program.","order_by":null,"text":{"0":{"id":308369,"text":"The State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board, in their discretion, or the Director, in his discretion, may employ mediation as defined in \u00a7 8.01-581.21, or a dispute resolution proceeding as defined in \u00a7 8.01-576.4, in appropriate cases to resolve underlying issues, reach a consensus, or compromise on contested issues. An “appropriate case” means any process related to the development of a regulation by the Board or the issuance of a permit by the Department in which it is apparent that there are significant issues of disagreement among interested persons and for which the Board or the Department finds that the use of a mediation or dispute resolution proceeding is in the public interest. The Boards or the Department shall consider not using a mediation or dispute resolution proceeding if:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":308370,"text":"A definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":308371,"text":"The matter involves or may bear upon significant questions of state policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the Department;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":308372,"text":"Maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":308373,"text":"The matter significantly affects persons or organizations who are not parties to the proceeding;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":308374,"text":"A full public record of the proceeding is important, and a mediation or dispute resolution proceeding cannot provide such a record; and","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":308375,"text":"The Board or the Department must maintain continuing jurisdiction over the matter with the authority to alter the disposition of the matter in light of changed circumstances, and a mediation or dispute resolution proceeding would interfere with the Department or the Board’s fulfilling that requirement.\n\t\t\t\tMediation and alternative dispute resolution as authorized by this section are voluntary procedures which supplement rather than limit other dispute resolution techniques available to the Boards or the Department. Mediation or a dispute resolution proceeding may be employed in the issuance of a permit only with the consent and participation of the permit applicant and shall be terminated at the request of the permit applicant.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":308376,"text":"The decision to employ mediation or a dispute resolution proceeding is in a Board’s or the Department’s sole discretion and is not subject to judicial review.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":308377,"text":"The outcome of any mediation or dispute resolution proceeding shall not be binding upon a Board or the Department, but may be considered by the Department in issuing a permit or by a Board in promulgating a regulation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"9":{"id":308378,"text":"Each Board and the Department shall adopt rules and regulations, in accordance with the Administrative Process Act, for the implementation of this section. Such rules and regulations shall include (i) standards and procedures for the conduct of mediation and dispute resolution, including an opportunity for interested persons identified by the Department to participate in the proceeding; (ii) the appointment and function of a neutral, as defined in § 8.01-576.4, to encourage and assist parties to voluntarily compromise or settle contested issues; and (iii) procedures to protect the confidentiality of papers, work product or other materials.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":308379,"text":"The provisions of § 8.01-576.10 concerning the confidentiality of a mediation or dispute resolution proceeding shall govern all such proceedings held pursuant to this section except where the Department or a Board uses or relies on information obtained in the course of such proceeding in issuing a permit or promulgating a regulation, respectively.\n\t\t\tNothing in this section shall create or alter any right, action or cause of action, or be interpreted or applied in a manner inconsistent with the Administrative Process Act (§ 2.2-4000 et seq.), with applicable federal law or with any applicable requirement for the Commonwealth to obtain or maintain federal delegation or approval of any regulatory program.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14493,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12742,"metadata":{},"date_created":"2026-06-26 03:48:20","date_modified":"2026-06-26 03:48:20","permalink":{"id":145335,"object_type":"structure","relational_id":14493,"identifier":"1","token":"10.1\/II\/11.1\/1","url":"\/10.1\/II\/11.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12742,"edition_id":1,"name":"Department of Environmental Quality","identifier":"11.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":145333,"object_type":"structure","relational_id":12742,"identifier":"11.1","token":"10.1\/II\/11.1","url":"\/10.1\/II\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56886,"structure_id":14493,"section_number":"10.1-1182","catch_line":"Definitions","url":"\/10.1-1182\/","token":"10.1\/II\/11.1\/1\/10.1-1182","metadata":false},{"id":87314,"structure_id":14493,"section_number":"10.1-1182.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1182.1\/","token":"10.1\/II\/11.1\/1\/10.1-1182.1","metadata":false},{"id":73247,"structure_id":14493,"section_number":"10.1-1183","catch_line":"Creation of Department of Environmental Quality; statement of policy","url":"\/10.1-1183\/","token":"10.1\/II\/11.1\/1\/10.1-1183","metadata":false},{"id":83890,"structure_id":14493,"section_number":"10.1-1183.1","catch_line":"Department of Environmental Quality consolidated annual report","url":"\/10.1-1183.1\/","token":"10.1\/II\/11.1\/1\/10.1-1183.1","metadata":false},{"id":55967,"structure_id":14493,"section_number":"10.1-1184","catch_line":"State Air Pollution Control Board, State Water Control Board, and Virginia Waste Management Board continued","url":"\/10.1-1184\/","token":"10.1\/II\/11.1\/1\/10.1-1184","metadata":false},{"id":76875,"structure_id":14493,"section_number":"10.1-1184.1","catch_line":"Additional duties of Department; controversial permits","url":"\/10.1-1184.1\/","token":"10.1\/II\/11.1\/1\/10.1-1184.1","metadata":false},{"id":62821,"structure_id":14493,"section_number":"10.1-1184.2","catch_line":"Regulations; civil penalties; written notice of violation","url":"\/10.1-1184.2\/","token":"10.1\/II\/11.1\/1\/10.1-1184.2","metadata":false},{"id":85400,"structure_id":14493,"section_number":"10.1-1185","catch_line":"Appointment of Director; powers and duties of Director","url":"\/10.1-1185\/","token":"10.1\/II\/11.1\/1\/10.1-1185","metadata":false},{"id":55896,"structure_id":14493,"section_number":"10.1-1186","catch_line":"General powers of the Department","url":"\/10.1-1186\/","token":"10.1\/II\/11.1\/1\/10.1-1186","metadata":false},{"id":82526,"structure_id":14493,"section_number":"10.1-1186.01","catch_line":"Reimbursements to localities for upgrades to treatment works","url":"\/10.1-1186.01\/","token":"10.1\/II\/11.1\/1\/10.1-1186.01","metadata":false},{"id":83468,"structure_id":14493,"section_number":"10.1-1186.1","catch_line":"Department to publish toxics inventory","url":"\/10.1-1186.1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.1","metadata":false},{"id":79857,"structure_id":14493,"section_number":"10.1-1186.1:1","catch_line":"Hazardous Waste Site Inventory","url":"\/10.1-1186.1_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.1_1","metadata":false},{"id":57333,"structure_id":14493,"section_number":"10.1-1186.2","catch_line":"Supplemental environmental projects","url":"\/10.1-1186.2\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2","metadata":false},{"id":70152,"structure_id":14493,"section_number":"10.1-1186.2:1","catch_line":"Impact of electric generating facilities","url":"\/10.1-1186.2_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2_1","metadata":false},{"id":86115,"structure_id":14493,"section_number":"10.1-1186.3","catch_line":"Additional powers of Boards and the Department; mediation; alternative dispute resolution","url":"\/10.1-1186.3\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3","metadata":false},{"id":57009,"structure_id":14493,"section_number":"10.1-1186.3:1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/10.1-1186.3_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3_1","metadata":false},{"id":56492,"structure_id":14493,"section_number":"10.1-1186.4","catch_line":"Enforcement powers; federal court","url":"\/10.1-1186.4\/","token":"10.1\/II\/11.1\/1\/10.1-1186.4","metadata":false},{"id":65720,"structure_id":14493,"section_number":"10.1-1186.5","catch_line":"Expired","url":"\/10.1-1186.5\/","token":"10.1\/II\/11.1\/1\/10.1-1186.5","metadata":false},{"id":64303,"structure_id":14493,"section_number":"10.1-1186.6","catch_line":"Carbon market participation; submerged aquatic vegetation","url":"\/10.1-1186.6\/","token":"10.1\/II\/11.1\/1\/10.1-1186.6","metadata":false},{"id":59129,"structure_id":14493,"section_number":"10.1-1187","catch_line":"Provision of the Code continued","url":"\/10.1-1187\/","token":"10.1\/II\/11.1\/1\/10.1-1187","metadata":false}],"previous_section":{"id":70152,"structure_id":14493,"section_number":"10.1-1186.2:1","catch_line":"Impact of electric generating facilities","url":"\/10.1-1186.2_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2_1","metadata":false},"next_section":{"id":57009,"structure_id":14493,"section_number":"10.1-1186.3:1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/10.1-1186.3_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1186.3\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapters 645<\/a> and 667<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2022, chapter 356<\/a>.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":67016,"section_number":"8.01-576.10","catch_line":"Confidentiality of dispute resolution proceeding","order_by":null,"url":"\/8.01-576.10\/"},{"id":83325,"section_number":"8.01-576.4","catch_line":"Scope and definitions","order_by":null,"url":"\/8.01-576.4\/"},{"id":61439,"section_number":"8.01-581.21","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.21\/"}],"permalink":{"id":145393,"object_type":"law","relational_id":86115,"identifier":"10.1-1186.3","token":"10.1\/II\/11.1\/1\/10.1-1186.3","url":"\/10.1-1186.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1186.3\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3","dublin_core":{"Title":"Additional powers of Boards and the Department; mediation; alternative dispute resolution","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1186.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board, in their discretion, or the Director<\/span>, in his discretion, may employ mediation as defined in \u00a7 8.01-581.21<\/a>, or a dispute resolution proceeding as defined in \u00a7 8.01-576.4<\/a>, in appropriate cases<\/span> to resolve underlying issues<\/span>, reach a consensus, or compromise on contested issues<\/span>. An “appropriate case<\/span>” means any process related to the development of a regulation by the Board or the issuance of a permit by the Department<\/span> in which it is apparent that there are significant issues<\/span> of disagreement among interested persons and for which the Board or the Department<\/span> finds that the use of a mediation or dispute resolution proceeding is in the public interest. The Boards or the Department<\/span> shall consider not using a mediation or dispute resolution proceeding if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The matter involves or may bear upon significant questions of state policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The matter significantly affects persons or organizations who are not parties to the proceeding; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A full public record of the proceeding is important, and a mediation or dispute resolution proceeding cannot provide such a record; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The Board or the Department<\/span> must maintain continuing jurisdiction<\/span> over the matter with the authority to alter the disposition<\/span> of the matter in light of changed circumstances, and a mediation or dispute resolution proceeding would interfere with the Department<\/span> or the Board’s fulfilling that requirement.\n\t\t\t\tMediation and alternative dispute resolution<\/span> as authorized by this section are voluntary procedures which supplement rather than limit other dispute resolution techniques available to the Boards or the Department<\/span>. Mediation or a dispute resolution proceeding may be employed in the issuance of a permit only with the consent and participation of the permit applicant and shall be terminated at the request of the permit applicant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The decision to employ mediation or a dispute resolution proceeding is in a Board’s or the Department<\/span>’s sole discretion and is not subject to judicial review. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The outcome of any mediation or dispute resolution proceeding shall not be binding upon a Board or the Department<\/span>, but may be considered by the Department<\/span> in issuing a permit or by a Board in promulgating a regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each Board and the Department<\/span> shall adopt rules and regulations, in accordance with the Administrative Process Act, for the implementation of this section. Such rules and regulations shall include (i) standards and procedures for the conduct of mediation and dispute resolution, including an opportunity for interested persons identified by the Department<\/span> to participate in the proceeding; (ii) the appointment and function of a neutral, as defined in § 8.01-576.4<\/a>, to encourage and assist parties to voluntarily compromise or settle contested issues<\/span>; and (iii) procedures to protect the confidentiality of papers, work product or other materials<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of § 8.01-576.10<\/a> concerning the confidentiality of a mediation or dispute resolution proceeding shall govern all such proceedings held pursuant to this section except where the Department<\/span> or a Board uses or relies on information obtained in the course of such proceeding in issuing a permit or promulgating a regulation, respectively.\n\t\t\tNothing in this section shall create or alter any right, action or cause of action<\/span>, or be interpreted or applied in a manner inconsistent with the Administrative Process Act (§ 2.2-4000<\/a> et seq.), with applicable federal law<\/span> or with any applicable requirement for the Commonwealth to obtain or maintain federal delegation or approval of any regulatory program. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADDITIONAL POWERS OF BOARDS AND THE DEPARTMENT; MEDIATION; ALTERNATIVE DISPUTE\nRESOLUTION (\u00a7 10.1-1186.3)\n\nA. The State Air Pollution Control Board, the State Water Control Board, and the\nVirginia Waste Management Board, in their discretion, or the Director, in his\ndiscretion, may employ mediation as defined in \u00a7 8.01-581.21, or a dispute\nresolution proceeding as defined in \u00a7 8.01-576.4, in appropriate cases to\nresolve underlying issues, reach a consensus, or compromise on contested issues.\nAn “appropriate case” means any process related to the development\nof a regulation by the Board or the issuance of a permit by the Department in\nwhich it is apparent that there are significant issues of disagreement among\ninterested persons and for which the Board or the Department finds that the use\nof a mediation or dispute resolution proceeding is in the public interest. The\nBoards or the Department shall consider not using a mediation or dispute\nresolution proceeding if:\n\n 1. A definitive or authoritative resolution of the matter is required for\n precedential value, and such a proceeding is not likely to be accepted\n generally as an authoritative precedent;\n\n 2. The matter involves or may bear upon significant questions of state policy\n that require additional procedures before a final resolution may be made, and\n such a proceeding would not likely serve to develop a recommended policy for\n the Department;\n\n 3. Maintaining established policies is of special importance, so that\n variations among individual decisions are not increased and such a proceeding\n would not likely reach consistent results among individual decisions;\n\n 4. The matter significantly affects persons or organizations who are not\n parties to the proceeding;\n\n 5. A full public record of the proceeding is important, and a mediation or\n dispute resolution proceeding cannot provide such a record; and\n\n 6. The Board or the Department must maintain continuing jurisdiction over the\n matter with the authority to alter the disposition of the matter in light of\n changed circumstances, and a mediation or dispute resolution proceeding would\n interfere with the Department or the Board’s fulfilling that\n requirement.\n \t\t\t\tMediation and alternative dispute resolution as authorized by this section\n are voluntary procedures which supplement rather than limit other dispute\n resolution techniques available to the Boards or the Department. Mediation or\n a dispute resolution proceeding may be employed in the issuance of a permit\n only with the consent and participation of the permit applicant and shall be\n terminated at the request of the permit applicant.\n\nB. The decision to employ mediation or a dispute resolution proceeding is in a\nBoard’s or the Department’s sole discretion and is not subject to\njudicial review.\n\nC. The outcome of any mediation or dispute resolution proceeding shall not be\nbinding upon a Board or the Department, but may be considered by the Department\nin issuing a permit or by a Board in promulgating a regulation.\n\nD. Each Board and the Department shall adopt rules and regulations, in\naccordance with the Administrative Process Act, for the implementation of this\nsection. Such rules and regulations shall include (i) standards and procedures\nfor the conduct of mediation and dispute resolution, including an opportunity\nfor interested persons identified by the Department to participate in the\nproceeding; (ii) the appointment and function of a neutral, as defined in §\n8.01-576.4, to encourage and assist parties to voluntarily compromise or settle\ncontested issues; and (iii) procedures to protect the confidentiality of papers,\nwork product or other materials.\n\nE. The provisions of § 8.01-576.10 concerning the confidentiality of a\nmediation or dispute resolution proceeding shall govern all such proceedings\nheld pursuant to this section except where the Department or a Board uses or\nrelies on information obtained in the course of such proceeding in issuing a\npermit or promulgating a regulation, respectively.\n\t\t\tNothing in this section shall create or alter any right, action or cause of\naction, or be interpreted or applied in a manner inconsistent with the\nAdministrative Process Act (§ 2.2-4000 et seq.), with applicable federal\nlaw or with any applicable requirement for the Commonwealth to obtain or\nmaintain federal delegation or approval of any regulatory program.\n\nHISTORY: 1997, cc. 645, 667; 2022, c. 356.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}