{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4021.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4021.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4021.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4021.html"}],"law_id":78350,"edition_id":1,"section_id":78350,"structure_id":15531,"section_number":"2.2-4021","catch_line":"Timetable for decision; exemptions","history":"1975, c. 503, \u00a7\u00a7 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.","full_text":"A\n\nIn cases where a board or commission meets to render (i) an informal fact-finding decision or (ii) a decision on a litigated issue, and information from a prior proceeding is being considered, persons who participated in the prior proceeding shall be provided an opportunity to respond at the board or commission meeting to any summaries of the prior proceeding prepared by or for the board or commission.B\n\nIn any informal fact-finding, formal proceeding, or summary case decision proceeding in which a hearing officer is not used or is not empowered to recommend a finding, the board, commission, or agency personnel responsible for rendering a decision shall render that decision within 90 days from the date of the informal fact-finding, formal proceeding, or completion of a summary case decision proceeding, or from a later date agreed to by the named party and the agency. If the agency does not render a decision within 90 days, the named party to the case decision may provide written notice to the agency that a decision is due. If no decision is made within 30 days from agency receipt of the notice, the decision shall be deemed to be in favor of the named party. The preceding sentence shall not apply to case decisions before (i) the State Water Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Water Act, (ii) the State Air Pollution Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Air Act, or (iii) the Virginia Soil and Water Conservation Board or the Department of Conservation and Recreation to the extent necessary to comply with the federal Clean Water Act. An agency shall provide notification to the named party of its decision within five days of the decision.C\n\nIn any informal fact-finding, formal proceeding, or summary case decision proceeding in which a hearing officer is empowered to recommend a finding, the board, commission, or agency personnel responsible for rendering a decision shall render that decision within 30 days from the date that the agency receives the hearing officer’s recommendation. If the agency does not render a decision within 30 days, the named party to the case decision may provide written notice to the agency that a decision is due. If no decision is made within 30 days from agency receipt of the notice, the decision is deemed to be in favor of the named party. The preceding sentence shall not apply to case decisions before (i) the State Water Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Water Act, (ii) the State Air Pollution Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Air Act, or (iii) the Virginia Soil and Water Conservation Board or the Department of Conservation and Recreation to the extent necessary to comply with the federal Clean Water Act. An agency shall provide notice to the named party of its decision within five days of the decision.D\n\nThe provisions of subsection B notwithstanding, if the board members or agency personnel who conducted the informal fact-finding, formal proceeding, or summary case decision proceeding are unable to attend to official duties due to sickness, disability, or termination of their official capacity with the agency, then the timeframe provisions of subsection B shall be reset and commence from the date that either new board members or agency personnel are assigned to the matter or a new proceeding is conducted if needed, whichever is later. An agency shall provide notice within five days to the named party of any incapacity of the board members or agency personnel that necessitates a replacement or a new proceeding.","order_by":null,"text":{"0":{"id":280831,"text":"In cases where a board or commission meets to render (i) an informal fact-finding decision or (ii) a decision on a litigated issue, and information from a prior proceeding is being considered, persons who participated in the prior proceeding shall be provided an opportunity to respond at the board or commission meeting to any summaries of the prior proceeding prepared by or for the board or commission.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":280832,"text":"In any informal fact-finding, formal proceeding, or summary case decision proceeding in which a hearing officer is not used or is not empowered to recommend a finding, the board, commission, or agency personnel responsible for rendering a decision shall render that decision within 90 days from the date of the informal fact-finding, formal proceeding, or completion of a summary case decision proceeding, or from a later date agreed to by the named party and the agency. If the agency does not render a decision within 90 days, the named party to the case decision may provide written notice to the agency that a decision is due. If no decision is made within 30 days from agency receipt of the notice, the decision shall be deemed to be in favor of the named party. The preceding sentence shall not apply to case decisions before (i) the State Water Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Water Act, (ii) the State Air Pollution Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Air Act, or (iii) the Virginia Soil and Water Conservation Board or the Department of Conservation and Recreation to the extent necessary to comply with the federal Clean Water Act. An agency shall provide notification to the named party of its decision within five days of the decision.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":280833,"text":"In any informal fact-finding, formal proceeding, or summary case decision proceeding in which a hearing officer is empowered to recommend a finding, the board, commission, or agency personnel responsible for rendering a decision shall render that decision within 30 days from the date that the agency receives the hearing officer’s recommendation. If the agency does not render a decision within 30 days, the named party to the case decision may provide written notice to the agency that a decision is due. If no decision is made within 30 days from agency receipt of the notice, the decision is deemed to be in favor of the named party. The preceding sentence shall not apply to case decisions before (i) the State Water Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Water Act, (ii) the State Air Pollution Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Air Act, or (iii) the Virginia Soil and Water Conservation Board or the Department of Conservation and Recreation to the extent necessary to comply with the federal Clean Water Act. An agency shall provide notice to the named party of its decision within five days of the decision.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":280834,"text":"The provisions of subsection B notwithstanding, if the board members or agency personnel who conducted the informal fact-finding, formal proceeding, or summary case decision proceeding are unable to attend to official duties due to sickness, disability, or termination of their official capacity with the agency, then the timeframe provisions of subsection B shall be reset and commence from the date that either new board members or agency personnel are assigned to the matter or a new proceeding is conducted if needed, whichever is later. An agency shall provide notice within five days to the named party of any incapacity of the board members or agency personnel that necessitates a replacement or a new proceeding.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4021\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 503 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. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 9 times. 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. Those modifications are as follows: in 1986, chapter 615; in 1989, chapter 601; in 1991, chapter 584; in 1993, chapter 898; in 1994, chapter 748<\/a>; in 1995, chapter 398<\/a>; in 2001, chapter 844<\/a>; in 2005, chapter 102<\/a>; in 2006, chapter 702<\/a>.<\/p>","references":[{"id":59090,"section_number":"32.1-102.6","catch_line":"Administrative procedures","order_by":null,"url":"\/32.1-102.6\/"}],"refers_to":false,"permalink":{"id":176865,"object_type":"law","relational_id":78350,"identifier":"2.2-4021","token":"2.2\/II\/B\/40\/3\/2.2-4021","url":"\/2.2-4021\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4021\/","token":"2.2\/II\/B\/40\/3\/2.2-4021","dublin_core":{"Title":"Timetable for decision; exemptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4021","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In cases<\/span> where a board or commission meets to render (i) an informal fact<\/span>-finding<\/span> decision or (ii) a decision on a litigated issue<\/span>, and information from a prior proceeding is being considered, persons who participated in the prior proceeding shall be provided an opportunity to respond at the board or commission meeting to any summaries of the prior proceeding prepared by or for the board or commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any informal fact<\/span>-finding<\/span>, formal proceeding, or summary case decision<\/span> proceeding in which a hearing officer<\/span> is not used or is not empowered to recommend a finding<\/span>, the board, commission, or agency<\/span> personnel responsible for rendering a decision shall render that decision within 90 days from the date of the informal fact<\/span>-finding<\/span>, formal proceeding, or completion of a summary case decision<\/span> proceeding, or from a later date agreed to by the named party<\/span> and the agency<\/span>. If the agency<\/span> does not render a decision within 90 days, the named party<\/span> to the case decision<\/span> may provide written notice to the agency<\/span> that a decision is due. If no decision is made within 30 days from agency<\/span> receipt of the notice, the decision shall be deemed to be in favor of the named party<\/span>. The preceding sentence shall not apply to case decisions<\/span> before (i) the State Water Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Water Act, (ii) the State Air Pollution Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Air Act, or (iii) the Virginia Soil and Water Conservation Board or the Department of Conservation and Recreation to the extent necessary to comply with the federal Clean Water Act. An agency<\/span> shall provide notification to the named party<\/span> of its decision within five days of the decision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In any informal fact<\/span>-finding<\/span>, formal proceeding, or summary case decision<\/span> proceeding in which a hearing officer<\/span> is empowered to recommend a finding<\/span>, the board, commission, or agency<\/span> personnel responsible for rendering a decision shall render that decision within 30 days from the date that the agency<\/span> receives the hearing officer<\/span>’s recommendation. If the agency<\/span> does not render a decision within 30 days, the named party<\/span> to the case decision<\/span> may provide written notice to the agency<\/span> that a decision is due. If no decision is made within 30 days from agency<\/span> receipt of the notice, the decision is deemed to be in favor of the named party<\/span>. The preceding sentence shall not apply to case decisions<\/span> before (i) the State Water Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Water Act, (ii) the State Air Pollution Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Air Act, or (iii) the Virginia Soil and Water Conservation Board or the Department of Conservation and Recreation to the extent necessary to comply with the federal Clean Water Act. An agency<\/span> shall provide notice to the named party<\/span> of its decision within five days of the decision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The provisions of subsection B notwithstanding, if the board members or agency<\/span> personnel who conducted the informal fact<\/span>-finding<\/span>, formal proceeding, or summary case decision<\/span> proceeding are unable to attend to official duties due to sickness, disability, or termination of their official capacity with the agency<\/span>, then the timeframe provisions of subsection B shall be reset and commence from the date that either new board members or agency<\/span> personnel are assigned to the matter or a new proceeding is conducted if needed, whichever is later. An agency<\/span> shall provide notice within five days to the named party<\/span> of any incapacity of the board members or agency<\/span> personnel that necessitates a replacement or a new proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTIMETABLE FOR DECISION; EXEMPTIONS (\u00a7 2.2-4021)\n\nA. In cases where a board or commission meets to render (i) an informal\nfact-finding decision or (ii) a decision on a litigated issue, and information\nfrom a prior proceeding is being considered, persons who participated in the\nprior proceeding shall be provided an opportunity to respond at the board or\ncommission meeting to any summaries of the prior proceeding prepared by or for\nthe board or commission.\n\nB. In any informal fact-finding, formal proceeding, or summary case decision\nproceeding in which a hearing officer is not used or is not empowered to\nrecommend a finding, the board, commission, or agency personnel responsible for\nrendering a decision shall render that decision within 90 days from the date of\nthe informal fact-finding, formal proceeding, or completion of a summary case\ndecision proceeding, or from a later date agreed to by the named party and the\nagency. If the agency does not render a decision within 90 days, the named party\nto the case decision may provide written notice to the agency that a decision is\ndue. If no decision is made within 30 days from agency receipt of the notice,\nthe decision shall be deemed to be in favor of the named party. The preceding\nsentence shall not apply to case decisions before (i) the State Water Control\nBoard or the Department of Environmental Quality to the extent necessary to\ncomply with the federal Clean Water Act, (ii) the State Air Pollution Control\nBoard or the Department of Environmental Quality to the extent necessary to\ncomply with the federal Clean Air Act, or (iii) the Virginia Soil and Water\nConservation Board or the Department of Conservation and Recreation to the\nextent necessary to comply with the federal Clean Water Act. An agency shall\nprovide notification to the named party of its decision within five days of the\ndecision.\n\nC. In any informal fact-finding, formal proceeding, or summary case decision\nproceeding in which a hearing officer is empowered to recommend a finding, the\nboard, commission, or agency personnel responsible for rendering a decision\nshall render that decision within 30 days from the date that the agency receives\nthe hearing officer’s recommendation. If the agency does not render a\ndecision within 30 days, the named party to the case decision may provide\nwritten notice to the agency that a decision is due. If no decision is made\nwithin 30 days from agency receipt of the notice, the decision is deemed to be\nin favor of the named party. The preceding sentence shall not apply to case\ndecisions before (i) the State Water Control Board or the Department of\nEnvironmental Quality to the extent necessary to comply with the federal Clean\nWater Act, (ii) the State Air Pollution Control Board or the Department of\nEnvironmental Quality to the extent necessary to comply with the federal Clean\nAir Act, or (iii) the Virginia Soil and Water Conservation Board or the\nDepartment of Conservation and Recreation to the extent necessary to comply with\nthe federal Clean Water Act. An agency shall provide notice to the named party\nof its decision within five days of the decision.\n\nD. The provisions of subsection B notwithstanding, if the board members or\nagency personnel who conducted the informal fact-finding, formal proceeding, or\nsummary case decision proceeding are unable to attend to official duties due to\nsickness, disability, or termination of their official capacity with the agency,\nthen the timeframe provisions of subsection B shall be reset and commence from\nthe date that either new board members or agency personnel are assigned to the\nmatter or a new proceeding is conducted if needed, whichever is later. An agency\nshall provide notice within five days to the named party of any incapacity of\nthe board members or agency personnel that necessitates a replacement or a new\nproceeding.\n\nHISTORY: 1975, c. 503, \u00a7\u00a7 9-6.14:11, 9-6.14:12; 1986, c. 615; 1989, c. 601;\n1991, c. 584; 1993, c. 898; 1994, c. 748; 1995, c. 398; 2001, c. 844; 2005, c.\n102; 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}}