{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4023.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4023.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4023.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4023.1.html"}],"law_id":61926,"edition_id":1,"section_id":61926,"structure_id":15531,"section_number":"2.2-4023.1","catch_line":"Reconsideration","history":"2016, c. 694.","full_text":"A\n\nA party may file a petition for reconsideration of an agency’s final decision made pursuant to § 2.2-4020. The petition shall be filed with the agency not later than 15 days after service of the final decision and shall state the specific grounds on which relief is requested. The petition shall contain a full and clear statement of the facts pertaining to the reasons for reconsideration, the grounds in support thereof, and a statement of the relief desired. A timely filed petition for reconsideration shall not suspend the execution of the agency decision nor toll the time for filing a notice of appeal under Rule 2A:2 of the Rules of Supreme Court of Virginia, unless the agency provides for suspension of its decision when it grants a petition for reconsideration. The failure to file a petition for reconsideration shall not constitute a failure to exhaust all administrative remedies.B\n\nThe agency shall render a written decision on a party’s timely petition for reconsideration within 30 days from receipt of the petition for reconsideration. Such decision shall (i) deny the petition, (ii) modify the case decision, or (iii) vacate the case decision and set a new hearing for further proceedings. The agency shall state the reasons for its action.C\n\nIf reconsideration is sought for the decision of a policy-making board of an agency, such board may (i) consider the petition for reconsideration at its next regularly scheduled meeting; (ii) schedule a special meeting to consider and decide upon the petition within 30 days of receipt; or (iii) notwithstanding any other provision of law, delegate authority to consider the petition to either the board chairman, a subcommittee of the board, or the director of the agency that provides administrative support to the board, in which case a decision on the reconsideration shall be rendered within 30 days of receipt of the petition by the board.D\n\nDenial of a petition for reconsideration shall not constitute a separate case decision and shall not on its own merits be subject to judicial review. It may, however, be considered by a reviewing court as part of any judicial review of the case decision itself.E\n\nThe agency may reconsider its final decision on its own initiative for good cause within 30 days of the date of the final decision. An agency may develop procedures for reconsideration of its final decisions on its own initiative.F\n\nNotwithstanding the provisions of this section, (i) any agency may promulgate regulations that specify the scope of evidence that may be considered by such agency in support of any petition for reconsideration and (ii) any agency that has statutory authority for reconsideration in its basic law may respond to requests in accordance with such law.","order_by":null,"text":{"0":{"id":226089,"text":"A party may file a petition for reconsideration of an agency’s final decision made pursuant to § 2.2-4020. The petition shall be filed with the agency not later than 15 days after service of the final decision and shall state the specific grounds on which relief is requested. The petition shall contain a full and clear statement of the facts pertaining to the reasons for reconsideration, the grounds in support thereof, and a statement of the relief desired. A timely filed petition for reconsideration shall not suspend the execution of the agency decision nor toll the time for filing a notice of appeal under Rule 2A:2 of the Rules of Supreme Court of Virginia, unless the agency provides for suspension of its decision when it grants a petition for reconsideration. The failure to file a petition for reconsideration shall not constitute a failure to exhaust all administrative remedies.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":226090,"text":"The agency shall render a written decision on a party’s timely petition for reconsideration within 30 days from receipt of the petition for reconsideration. Such decision shall (i) deny the petition, (ii) modify the case decision, or (iii) vacate the case decision and set a new hearing for further proceedings. The agency shall state the reasons for its action.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":226091,"text":"If reconsideration is sought for the decision of a policy-making board of an agency, such board may (i) consider the petition for reconsideration at its next regularly scheduled meeting; (ii) schedule a special meeting to consider and decide upon the petition within 30 days of receipt; or (iii) notwithstanding any other provision of law, delegate authority to consider the petition to either the board chairman, a subcommittee of the board, or the director of the agency that provides administrative support to the board, in which case a decision on the reconsideration shall be rendered within 30 days of receipt of the petition by the board.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":226092,"text":"Denial of a petition for reconsideration shall not constitute a separate case decision and shall not on its own merits be subject to judicial review. It may, however, be considered by a reviewing court as part of any judicial review of the case decision itself.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":226093,"text":"The agency may reconsider its final decision on its own initiative for good cause within 30 days of the date of the final decision. An agency may develop procedures for reconsideration of its final decisions on its own initiative.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":226094,"text":"Notwithstanding the provisions of this section, (i) any agency may promulgate regulations that specify the scope of evidence that may be considered by such agency in support of any petition for reconsideration and (ii) any agency that has statutory authority for reconsideration in its basic law may respond to requests in accordance with such law.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4023.1\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapter 694<\/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":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"}],"permalink":{"id":176877,"object_type":"law","relational_id":61926,"identifier":"2.2-4023.1","token":"2.2\/II\/B\/40\/3\/2.2-4023.1","url":"\/2.2-4023.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4023.1\/","token":"2.2\/II\/B\/40\/3\/2.2-4023.1","dublin_core":{"Title":"Reconsideration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4023.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A party<\/span> may file a petition<\/span> for reconsideration of an agency<\/span>’s final decision made pursuant to § 2.2-4020<\/a>. The petition<\/span> shall be filed with the agency<\/span> not later than 15 days after service of the final decision and shall state the specific grounds on which relief is requested. The petition<\/span> shall contain a full and clear statement of the facts<\/span> pertaining to the reasons for reconsideration, the grounds in support thereof, and a statement of the relief desired. A timely filed petition<\/span> for reconsideration shall not suspend the execution of the agency<\/span> decision nor toll the time for filing a notice of appeal<\/span> under Rule<\/span> 2A:2 of the Rules<\/span> of Supreme Court<\/span> of Virginia, unless the agency<\/span> provides for suspension of its decision when it grants a petition<\/span> for reconsideration. The failure to file a petition<\/span> for reconsideration shall not constitute a failure to exhaust all administrative remedies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The agency<\/span> shall render a written decision on a party<\/span>’s timely petition<\/span> for reconsideration within 30 days from receipt of the petition<\/span> for reconsideration. Such decision shall (i) deny the petition<\/span>, (ii) modify the case decision<\/span>, or (iii) vacate the case decision<\/span> and set a new hearing<\/span> for further proceedings. The agency<\/span> shall state the reasons for its action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If reconsideration is sought for the decision of a policy-making board of an agency<\/span>, such board may (i) consider the petition<\/span> for reconsideration at its next regularly scheduled meeting; (ii) schedule a special meeting to consider and decide upon the petition<\/span> within 30 days of receipt; or (iii) notwithstanding any other provision of law<\/span>, delegate authority to consider the petition<\/span> to either the board chairman, a subcommittee of the board, or the director of the agency<\/span> that provides administrative support to the board, in which case a decision on the reconsideration shall be rendered within 30 days of receipt of the petition<\/span> by the board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Denial of a petition<\/span> for reconsideration shall not constitute a separate case decision<\/span> and shall not on its own merits be subject to judicial review. It may, however, be considered by a reviewing court<\/span> as part of any judicial review of the case decision<\/span> itself. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The agency<\/span> may reconsider its final decision on its own initiative for good cause within 30 days of the date of the final decision. An agency<\/span> may develop procedures for reconsideration of its final decisions on its own initiative. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding the provisions of this section, (i) any agency<\/span> may promulgate regulations<\/span> that specify the scope of evidence<\/span> that may be considered by such agency<\/span> in support of any petition<\/span> for reconsideration and (ii) any agency<\/span> that has statutory authority for reconsideration in its basic law<\/span> may respond to requests in accordance with such law. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECONSIDERATION (\u00a7 2.2-4023.1)\n\nA. A party may file a petition for reconsideration of an agency’s final\ndecision made pursuant to § 2.2-4020. The petition shall be filed with the\nagency not later than 15 days after service of the final decision and shall\nstate the specific grounds on which relief is requested. The petition shall\ncontain a full and clear statement of the facts pertaining to the reasons for\nreconsideration, the grounds in support thereof, and a statement of the relief\ndesired. A timely filed petition for reconsideration shall not suspend the\nexecution of the agency decision nor toll the time for filing a notice of appeal\nunder Rule 2A:2 of the Rules of Supreme Court of Virginia, unless the agency\nprovides for suspension of its decision when it grants a petition for\nreconsideration. The failure to file a petition for reconsideration shall not\nconstitute a failure to exhaust all administrative remedies.\n\nB. The agency shall render a written decision on a party’s timely petition\nfor reconsideration within 30 days from receipt of the petition for\nreconsideration. Such decision shall (i) deny the petition, (ii) modify the case\ndecision, or (iii) vacate the case decision and set a new hearing for further\nproceedings. The agency shall state the reasons for its action.\n\nC. If reconsideration is sought for the decision of a policy-making board of an\nagency, such board may (i) consider the petition for reconsideration at its next\nregularly scheduled meeting; (ii) schedule a special meeting to consider and\ndecide upon the petition within 30 days of receipt; or (iii) notwithstanding any\nother provision of law, delegate authority to consider the petition to either\nthe board chairman, a subcommittee of the board, or the director of the agency\nthat provides administrative support to the board, in which case a decision on\nthe reconsideration shall be rendered within 30 days of receipt of the petition\nby the board.\n\nD. Denial of a petition for reconsideration shall not constitute a separate case\ndecision and shall not on its own merits be subject to judicial review. It may,\nhowever, be considered by a reviewing court as part of any judicial review of\nthe case decision itself.\n\nE. The agency may reconsider its final decision on its own initiative for good\ncause within 30 days of the date of the final decision. An agency may develop\nprocedures for reconsideration of its final decisions on its own initiative.\n\nF. Notwithstanding the provisions of this section, (i) any agency may promulgate\nregulations that specify the scope of evidence that may be considered by such\nagency in support of any petition for reconsideration and (ii) any agency that\nhas statutory authority for reconsideration in its basic law may respond to\nrequests in accordance with such law.\n\nHISTORY: 2016, c. 694.","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}}