{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4365.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4365.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4365.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4365.html"}],"law_id":79234,"edition_id":1,"section_id":79234,"structure_id":14376,"section_number":"2.2-4365","catch_line":"Administrative appeals procedure","history":"1982, c. 647, \u00a7 11-71; 1994, cc. 660, 918; 2001, c. 844.","full_text":"A\n\nA public body may establish an administrative procedure for hearing (i) protests of a decision to award or an award, (ii) appeals from refusals to allow withdrawal of bids, (iii) appeals from disqualifications and determinations of nonresponsibility, and (iv) appeals from decisions on disputes arising during the performance of a contract, or (v) any of these. Such administrative procedure shall provide for a hearing before a disinterested person or panel, the opportunity to present pertinent information and the issuance of a written decision containing findings of fact. The disinterested person or panel shall not be an employee of the governmental entity against whom the claim has been filed. The findings of fact shall be final and conclusive and shall not be set aside unless the same are (a) fraudulent, arbitrary or capricious; (b) so grossly erroneous as to imply bad faith; or (c) in the case of denial of prequalification, the findings were not based upon the criteria for denial of prequalification set forth in subsection B of § 2.2-4317. No determination on an issue of law shall be final if appropriate legal action is instituted in a timely manner.B\n\nAny party to the administrative procedure, including the public body, shall be entitled to institute judicial review if such action is brought within thirty days of receipt of the written decision.","order_by":null,"text":{"0":{"id":283700,"text":"A public body may establish an administrative procedure for hearing (i) protests of a decision to award or an award, (ii) appeals from refusals to allow withdrawal of bids, (iii) appeals from disqualifications and determinations of nonresponsibility, and (iv) appeals from decisions on disputes arising during the performance of a contract, or (v) any of these. Such administrative procedure shall provide for a hearing before a disinterested person or panel, the opportunity to present pertinent information and the issuance of a written decision containing findings of fact. The disinterested person or panel shall not be an employee of the governmental entity against whom the claim has been filed. The findings of fact shall be final and conclusive and shall not be set aside unless the same are (a) fraudulent, arbitrary or capricious; (b) so grossly erroneous as to imply bad faith; or (c) in the case of denial of prequalification, the findings were not based upon the criteria for denial of prequalification set forth in subsection B of § 2.2-4317. No determination on an issue of law shall be final if appropriate legal action is instituted in a timely manner.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283701,"text":"Any party to the administrative procedure, including the public body, shall be entitled to institute judicial review if such action is brought within thirty days of receipt of the written decision.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14376,"edition_id":1,"name":"Remedies","identifier":"5","label":"article","depth":5,"order_by":1,"parent_id":12752,"metadata":{},"date_created":"2026-06-26 03:47:56","date_modified":"2026-06-26 03:47:56","permalink":{"id":177323,"object_type":"structure","relational_id":14376,"identifier":"5","token":"2.2\/II\/B\/43\/5","url":"\/2.2\/II\/B\/43\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12752,"edition_id":1,"name":"Virginia Public Procurement Act","identifier":"43","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176989,"object_type":"structure","relational_id":12752,"identifier":"43","token":"2.2\/II\/B\/43","url":"\/2.2\/II\/B\/43\/","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":60959,"structure_id":14376,"section_number":"2.2-4357","catch_line":"Ineligibility","url":"\/2.2-4357\/","token":"2.2\/II\/B\/43\/5\/2.2-4357","metadata":false},{"id":55710,"structure_id":14376,"section_number":"2.2-4358","catch_line":"Appeal of denial of withdrawal of bid","url":"\/2.2-4358\/","token":"2.2\/II\/B\/43\/5\/2.2-4358","metadata":false},{"id":74014,"structure_id":14376,"section_number":"2.2-4359","catch_line":"Determination of nonresponsibility","url":"\/2.2-4359\/","token":"2.2\/II\/B\/43\/5\/2.2-4359","metadata":false},{"id":65336,"structure_id":14376,"section_number":"2.2-4360","catch_line":"Protest of award or decision to award","url":"\/2.2-4360\/","token":"2.2\/II\/B\/43\/5\/2.2-4360","metadata":false},{"id":65770,"structure_id":14376,"section_number":"2.2-4361","catch_line":"Effect of appeal upon contract","url":"\/2.2-4361\/","token":"2.2\/II\/B\/43\/5\/2.2-4361","metadata":false},{"id":64199,"structure_id":14376,"section_number":"2.2-4362","catch_line":"Stay of award during protest","url":"\/2.2-4362\/","token":"2.2\/II\/B\/43\/5\/2.2-4362","metadata":false},{"id":81984,"structure_id":14376,"section_number":"2.2-4363","catch_line":"Contractual disputes","url":"\/2.2-4363\/","token":"2.2\/II\/B\/43\/5\/2.2-4363","metadata":false},{"id":67358,"structure_id":14376,"section_number":"2.2-4364","catch_line":"Legal actions","url":"\/2.2-4364\/","token":"2.2\/II\/B\/43\/5\/2.2-4364","metadata":false},{"id":79234,"structure_id":14376,"section_number":"2.2-4365","catch_line":"Administrative appeals procedure","url":"\/2.2-4365\/","token":"2.2\/II\/B\/43\/5\/2.2-4365","metadata":false},{"id":67052,"structure_id":14376,"section_number":"2.2-4366","catch_line":"Alternative dispute resolution","url":"\/2.2-4366\/","token":"2.2\/II\/B\/43\/5\/2.2-4366","metadata":false}],"previous_section":{"id":67358,"structure_id":14376,"section_number":"2.2-4364","catch_line":"Legal actions","url":"\/2.2-4364\/","token":"2.2\/II\/B\/43\/5\/2.2-4364","metadata":false},"next_section":{"id":67052,"structure_id":14376,"section_number":"2.2-4366","catch_line":"Alternative dispute resolution","url":"\/2.2-4366\/","token":"2.2\/II\/B\/43\/5\/2.2-4366","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4365\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 647 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 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1994, chapters 660<\/a> and 918<\/a>; in 2001, chapter 844<\/a>.<\/p>","references":[{"id":60959,"section_number":"2.2-4357","catch_line":"Ineligibility","order_by":null,"url":"\/2.2-4357\/"},{"id":55710,"section_number":"2.2-4358","catch_line":"Appeal of denial of withdrawal of bid","order_by":null,"url":"\/2.2-4358\/"},{"id":74014,"section_number":"2.2-4359","catch_line":"Determination of nonresponsibility","order_by":null,"url":"\/2.2-4359\/"},{"id":65336,"section_number":"2.2-4360","catch_line":"Protest of award or decision to award","order_by":null,"url":"\/2.2-4360\/"},{"id":81984,"section_number":"2.2-4363","catch_line":"Contractual disputes","order_by":null,"url":"\/2.2-4363\/"},{"id":67358,"section_number":"2.2-4364","catch_line":"Legal actions","order_by":null,"url":"\/2.2-4364\/"}],"refers_to":[{"id":84046,"section_number":"2.2-4317","catch_line":"Prequalification generally; prequalification for construction","order_by":null,"url":"\/2.2-4317\/"}],"permalink":{"id":177357,"object_type":"law","relational_id":79234,"identifier":"2.2-4365","token":"2.2\/II\/B\/43\/5\/2.2-4365","url":"\/2.2-4365\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4365\/","token":"2.2\/II\/B\/43\/5\/2.2-4365","dublin_core":{"Title":"Administrative appeals procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4365","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A public body<\/span> may establish an administrative procedure for hearing<\/span> (i) protests of a decision to award or an award, (ii) appeals<\/span> from refusals to allow withdrawal of bids, (iii) appeals<\/span> from disqualifications and determinations of nonresponsibility, and (iv) appeals<\/span> from decisions on disputes arising during the performance of a contract<\/span>, or (v) any of these. Such administrative procedure shall provide for a hearing<\/span> before a disinterested person or panel<\/span>, the opportunity to present pertinent information and the issuance of a written decision containing findings<\/span> of fact<\/span>. The disinterested person or panel<\/span> shall not be an employee of the governmental entity against whom the claim has been filed. The findings<\/span> of fact<\/span> shall be final and conclusive and shall not be set aside unless the same are (a) fraudulent, arbitrary or capricious; (b) so grossly erroneous as to imply bad faith; or (c) in the case of denial of prequalification, the findings<\/span> were not based upon the criteria for denial of prequalification set forth in subsection B of § 2.2-4317<\/a>. No determination on an issue<\/span> of law<\/span> shall be final if appropriate legal action is instituted in a timely manner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any party<\/span> to the administrative procedure, including the public body<\/span>, shall be entitled to institute judicial review if such action is brought within thirty days of receipt of the written decision. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMINISTRATIVE APPEALS PROCEDURE (\u00a7 2.2-4365)\n\nA. A public body may establish an administrative procedure for hearing (i)\nprotests of a decision to award or an award, (ii) appeals from refusals to allow\nwithdrawal of bids, (iii) appeals from disqualifications and determinations of\nnonresponsibility, and (iv) appeals from decisions on disputes arising during\nthe performance of a contract, or (v) any of these. Such administrative\nprocedure shall provide for a hearing before a disinterested person or panel,\nthe opportunity to present pertinent information and the issuance of a written\ndecision containing findings of fact. The disinterested person or panel shall\nnot be an employee of the governmental entity against whom the claim has been\nfiled. The findings of fact shall be final and conclusive and shall not be set\naside unless the same are (a) fraudulent, arbitrary or capricious; (b) so\ngrossly erroneous as to imply bad faith; or (c) in the case of denial of\nprequalification, the findings were not based upon the criteria for denial of\nprequalification set forth in subsection B of § 2.2-4317. No determination\non an issue of law shall be final if appropriate legal action is instituted in a\ntimely manner.\n\nB. Any party to the administrative procedure, including the public body, shall\nbe entitled to institute judicial review if such action is brought within thirty\ndays of receipt of the written decision.\n\nHISTORY: 1982, c. 647, \u00a7 11-71; 1994, cc. 660, 918; 2001, c. 844.","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}}