{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4020.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4020.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4020.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4020.1.html"}],"law_id":59727,"edition_id":1,"section_id":59727,"structure_id":15531,"section_number":"2.2-4020.1","catch_line":"Summary case decisions","history":"2006, c. 702.","full_text":"A\n\nAny person who has (i) applied for a permit, certificate, or license from an agency or (ii) received written notice of a potential violation from an agency may request a summary case decision from the agency. The request for a summary case decision shall be in writing, signed by or on behalf of the requestor, and be submitted to the agency secretary as defined by the Rules of the Supreme Court of Virginia. The request shall include:1\n\nA statement that no material facts are in dispute;2\n\nA proposed stipulation of all such undisputed material facts concerning the application or notice;3\n\nA clear and concise statement of the questions of law to be decided by summary case decision; and4\n\nA statement that the requestor waives his right to any other administrative proceeding provided in this article by the agency on the questions of law to be decided by summary case decision.B\n\nWithin 21 days of receipt of a complete request for summary case decision, the agency shall determine whether the matter in dispute properly may be decided by summary case decision and shall promptly notify the requestor of its determination in writing. If a request for summary case decision is not complete, the agency may request additional specific information from the requestor. The agency shall decide the matter by summary case decision if it determines that there are no disputed issues of material fact. However, if (i) an informal fact-finding proceeding as provided in § 2.2-4019, a formal hearing as provided in § 2.2-4020, or other proceeding authorized by the agency’s basic law concerning the application or notice has been scheduled, the requestor has been notified, and the issues that are the subject of such proceeding or hearing include questions that are the subject of the request for summary case decision or (ii) the matter must be decided through any public participation requirements under this chapter or the agency’s basic law, the agency shall not be required to decide the matter by summary case decision.C\n\nDenial of a request for summary case decision shall not be subject to judicial review in accordance with this chapter and the Rules of the Supreme Court of Virginia, and shall not prejudice any rights the requestor has or may have under this chapter or the agency’s basic law. Nothing in this article shall prevent an agency from consolidating the summary case decision proceeding into, or proceeding with, a separate informal fact-finding proceeding, formal hearing, or other proceeding authorized by the agency’s basic law concerning the matter in question.D\n\nUpon granting a request for summary case decision, the agency shall establish a schedule for the parties to submit briefs on the questions of law in dispute and may, by agreement of the parties, provide for oral argument.E\n\nAll 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 the record 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.","order_by":null,"text":{"0":{"id":218729,"text":"Any person who has (i) applied for a permit, certificate, or license from an agency or (ii) received written notice of a potential violation from an agency may request a summary case decision from the agency. The request for a summary case decision shall be in writing, signed by or on behalf of the requestor, and be submitted to the agency secretary as defined by the Rules of the Supreme Court of Virginia. The request shall include:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":218730,"text":"A statement that no material facts are in dispute;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":218731,"text":"A proposed stipulation of all such undisputed material facts concerning the application or notice;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":218732,"text":"A clear and concise statement of the questions of law to be decided by summary case decision; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":218733,"text":"A statement that the requestor waives his right to any other administrative proceeding provided in this article by the agency on the questions of law to be decided by summary case decision.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":218734,"text":"Within 21 days of receipt of a complete request for summary case decision, the agency shall determine whether the matter in dispute properly may be decided by summary case decision and shall promptly notify the requestor of its determination in writing. If a request for summary case decision is not complete, the agency may request additional specific information from the requestor. The agency shall decide the matter by summary case decision if it determines that there are no disputed issues of material fact. However, if (i) an informal fact-finding proceeding as provided in § 2.2-4019, a formal hearing as provided in § 2.2-4020, or other proceeding authorized by the agency’s basic law concerning the application or notice has been scheduled, the requestor has been notified, and the issues that are the subject of such proceeding or hearing include questions that are the subject of the request for summary case decision or (ii) the matter must be decided through any public participation requirements under this chapter or the agency’s basic law, the agency shall not be required to decide the matter by summary case decision.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":218735,"text":"Denial of a request for summary case decision shall not be subject to judicial review in accordance with this chapter and the Rules of the Supreme Court of Virginia, and shall not prejudice any rights the requestor has or may have under this chapter or the agency’s basic law. Nothing in this article shall prevent an agency from consolidating the summary case decision proceeding into, or proceeding with, a separate informal fact-finding proceeding, formal hearing, or other proceeding authorized by the agency’s basic law concerning the matter in question.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":218736,"text":"Upon granting a request for summary case decision, the agency shall establish a schedule for the parties to submit briefs on the questions of law in dispute and may, by agreement of the parties, provide for oral argument.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":218737,"text":"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 the record 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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15531,"edition_id":1,"name":"Case Decisions","identifier":"3","label":"article","depth":5,"order_by":1,"parent_id":12798,"metadata":{},"date_created":"2026-06-26 03:56:02","date_modified":"2026-06-26 03:56:02","permalink":{"id":176843,"object_type":"structure","relational_id":15531,"identifier":"3","token":"2.2\/II\/B\/40\/3","url":"\/2.2\/II\/B\/40\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12798,"edition_id":1,"name":"Administrative Process Act","identifier":"40","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":176717,"object_type":"structure","relational_id":12798,"identifier":"40","token":"2.2\/II\/B\/40","url":"\/2.2\/II\/B\/40\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","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":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59227,"structure_id":15531,"section_number":"2.2-4018","catch_line":"Exemptions from operation of Article 3","url":"\/2.2-4018\/","token":"2.2\/II\/B\/40\/3\/2.2-4018","metadata":false},{"id":85983,"structure_id":15531,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","url":"\/2.2-4019\/","token":"2.2\/II\/B\/40\/3\/2.2-4019","metadata":false},{"id":71957,"structure_id":15531,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","url":"\/2.2-4020\/","token":"2.2\/II\/B\/40\/3\/2.2-4020","metadata":false},{"id":59727,"structure_id":15531,"section_number":"2.2-4020.1","catch_line":"Summary case decisions","url":"\/2.2-4020.1\/","token":"2.2\/II\/B\/40\/3\/2.2-4020.1","metadata":false},{"id":64118,"structure_id":15531,"section_number":"2.2-4020.2","catch_line":"Default","url":"\/2.2-4020.2\/","token":"2.2\/II\/B\/40\/3\/2.2-4020.2","metadata":false},{"id":78350,"structure_id":15531,"section_number":"2.2-4021","catch_line":"Timetable for decision; exemptions","url":"\/2.2-4021\/","token":"2.2\/II\/B\/40\/3\/2.2-4021","metadata":false},{"id":77359,"structure_id":15531,"section_number":"2.2-4022","catch_line":"Subpoenas, depositions and requests for admissions","url":"\/2.2-4022\/","token":"2.2\/II\/B\/40\/3\/2.2-4022","metadata":false},{"id":62092,"structure_id":15531,"section_number":"2.2-4023","catch_line":"Final orders","url":"\/2.2-4023\/","token":"2.2\/II\/B\/40\/3\/2.2-4023","metadata":false},{"id":61926,"structure_id":15531,"section_number":"2.2-4023.1","catch_line":"Reconsideration","url":"\/2.2-4023.1\/","token":"2.2\/II\/B\/40\/3\/2.2-4023.1","metadata":false}],"previous_section":{"id":71957,"structure_id":15531,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","url":"\/2.2-4020\/","token":"2.2\/II\/B\/40\/3\/2.2-4020","metadata":false},"next_section":{"id":64118,"structure_id":15531,"section_number":"2.2-4020.2","catch_line":"Default","url":"\/2.2-4020.2\/","token":"2.2\/II\/B\/40\/3\/2.2-4020.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4020.1\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 702<\/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.<\/p>","references":false,"refers_to":[{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"}],"permalink":{"id":176857,"object_type":"law","relational_id":59727,"identifier":"2.2-4020.1","token":"2.2\/II\/B\/40\/3\/2.2-4020.1","url":"\/2.2-4020.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4020.1\/","token":"2.2\/II\/B\/40\/3\/2.2-4020.1","dublin_core":{"Title":"Summary case decisions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4020.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who has (i) applied for a permit, certificate, or license from an agency<\/span> or (ii) received written notice of a potential violation from an agency<\/span> may request a summary case decision<\/span> from the agency<\/span>. The request for a summary case decision<\/span> shall be in writing, signed by or on behalf of the requestor, and be submitted to the agency<\/span> secretary as defined by the Rules<\/span> of the Supreme Court<\/span> of Virginia. The request shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A statement that no material<\/span> facts<\/span> are in dispute; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A proposed stipulation<\/span> of all such undisputed material<\/span> facts<\/span> concerning the application or notice; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A clear and concise statement of the questions of law<\/span> to be decided by summary case decision<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A statement that the requestor waives<\/span> his right to any other administrative proceeding provided in this article by the agency<\/span> on the questions of law<\/span> to be decided by summary case decision<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Within 21 days of receipt of a complete request for summary case decision<\/span>, the agency<\/span> shall determine whether the matter in dispute properly may be decided by summary case decision<\/span> and shall promptly notify the requestor of its determination in writing. If a request for summary case decision<\/span> is not complete, the agency<\/span> may request additional specific information from the requestor. The agency<\/span> shall decide the matter by summary case decision<\/span> if it determines that there are no disputed issues<\/span> of material<\/span> fact<\/span>. However, if (i) an informal fact<\/span>-finding<\/span> proceeding as provided in § 2.2-4019<\/a>, a formal hearing<\/span> as provided in § 2.2-4020<\/a>, or other proceeding authorized by the agency<\/span>’s basic law<\/span> concerning the application or notice has been scheduled, the requestor has been notified, and the issues<\/span> that are the subject of such proceeding or hearing<\/span> include questions that are the subject of the request for summary case decision<\/span> or (ii) the matter must be decided through any public participation requirements under this chapter or the agency<\/span>’s basic law<\/span>, the agency<\/span> shall not be required to decide the matter by summary case decision<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Denial of a request for summary case decision<\/span> shall not be subject to judicial review in accordance with this chapter and the Rules<\/span> of the Supreme Court<\/span> of Virginia, and shall not prejudice any rights the requestor has or may have under this chapter or the agency<\/span>’s basic law<\/span>. Nothing in this article shall prevent an agency<\/span> from consolidating the summary case decision<\/span> proceeding into, or proceeding with, a separate informal fact<\/span>-finding<\/span> proceeding, formal hearing<\/span>, or other proceeding authorized by the agency<\/span>’s basic law<\/span> concerning the matter in question. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon granting a request for summary case decision<\/span>, the agency<\/span> shall establish a schedule for the parties to submit briefs<\/span> on the questions of law in dispute and may, by agreement of the parties, provide for oral argument<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> All decisions or recommended decisions shall be served on the requestor, become a part of the record, and briefly state or recommend the findings<\/span>, conclusions, reasons, or basis therefor upon the evidence<\/span> contained in the record and relevant to the basic law<\/span> under which the agency<\/span> is operating, together with the appropriate order<\/span>, license, grant of benefits, sanction<\/span>, relief, or denial thereof. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUMMARY CASE DECISIONS (\u00a7 2.2-4020.1)\n\nA. Any person who has (i) applied for a permit, certificate, or license from an\nagency or (ii) received written notice of a potential violation from an agency\nmay request a summary case decision from the agency. The request for a summary\ncase decision shall be in writing, signed by or on behalf of the requestor, and\nbe submitted to the agency secretary as defined by the Rules of the Supreme\nCourt of Virginia. The request shall include:\n\n 1. A statement that no material facts are in dispute;\n\n 2. A proposed stipulation of all such undisputed material facts concerning the\n application or notice;\n\n 3. A clear and concise statement of the questions of law to be decided by\n summary case decision; and\n\n 4. A statement that the requestor waives his right to any other administrative\n proceeding provided in this article by the agency on the questions of law to\n be decided by summary case decision.\n\nB. Within 21 days of receipt of a complete request for summary case decision,\nthe agency shall determine whether the matter in dispute properly may be decided\nby summary case decision and shall promptly notify the requestor of its\ndetermination in writing. If a request for summary case decision is not\ncomplete, the agency may request additional specific information from the\nrequestor. The agency shall decide the matter by summary case decision if it\ndetermines that there are no disputed issues of material fact. However, if (i)\nan informal fact-finding proceeding as provided in § 2.2-4019, a formal\nhearing as provided in § 2.2-4020, or other proceeding authorized by the\nagency’s basic law concerning the application or notice has been\nscheduled, the requestor has been notified, and the issues that are the subject\nof such proceeding or hearing include questions that are the subject of the\nrequest for summary case decision or (ii) the matter must be decided through any\npublic participation requirements under this chapter or the agency’s basic\nlaw, the agency shall not be required to decide the matter by summary case\ndecision.\n\nC. Denial of a request for summary case decision shall not be subject to\njudicial review in accordance with this chapter and the Rules of the Supreme\nCourt of Virginia, and shall not prejudice any rights the requestor has or may\nhave under this chapter or the agency’s basic law. Nothing in this article\nshall prevent an agency from consolidating the summary case decision proceeding\ninto, or proceeding with, a separate informal fact-finding proceeding, formal\nhearing, or other proceeding authorized by the agency’s basic law\nconcerning the matter in question.\n\nD. Upon granting a request for summary case decision, the agency shall establish\na schedule for the parties to submit briefs on the questions of law in dispute\nand may, by agreement of the parties, provide for oral argument.\n\nE. All decisions or recommended decisions shall be served on the requestor,\nbecome a part of the record, and briefly state or recommend the findings,\nconclusions, reasons, or basis therefor upon the evidence contained in the\nrecord and relevant to the basic law under which the agency is operating,\ntogether with the appropriate order, license, grant of benefits, sanction,\nrelief, or denial thereof.\n\nHISTORY: 2006, c. 702.","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}}