{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-605.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-605.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-605.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-605.html"}],"law_id":61308,"edition_id":1,"section_id":61308,"structure_id":14477,"section_number":"4.1-605","catch_line":"Additional powers; mediation; alternative dispute resolution; confidentiality","history":"2021, Sp. Sess. I, cc. 550, 551; 2023, cc. 740, 773.","full_text":"A\n\nAs used in this section:\n\t\t\t“Appropriate case” means any alleged license or permit violation or objection to the application for a license or permit in which it is apparent that there are significant issues of disagreement among interested persons and for which the Board finds that the use of a mediation or dispute resolution proceeding is in the public interest.\n\t\t\t“Dispute resolution proceeding” means the same as that term is defined in § 8.01-576.4.\n\t\t\t“Mediation” means the same as that term is defined in § 8.01-576.4.\n\t\t\t“Neutral” means the same as that term is defined in § 8.01-576.4.B\n\nThe Board may use mediation or a dispute resolution proceeding in appropriate cases to resolve underlying issues or reach a consensus or compromise on contested issues. Mediation and other dispute resolution proceedings as authorized by this section shall be voluntary procedures that supplement, rather than limit, other dispute resolution techniques available to the Board. Mediation or a dispute resolution proceeding may be used for an objection to the issuance of a license or permit only with the consent of, and participation by, the applicant for a license or permit and shall be terminated at the request of such applicant.C\n\nAny resolution of a contested issue accepted by the Board under this section shall be considered a consent agreement as provided in § 4.1-604. The decision to use mediation or a dispute resolution proceeding is in the Board’s sole discretion and shall not be subject to judicial review.D\n\nThe Board may adopt rules and regulations, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of this section. Such rules and regulations may include (i) standards and procedures for the conduct of mediation and dispute resolution proceedings, including an opportunity for interested persons identified by the Board to participate in the proceeding; (ii) the appointment and function of a neutral to encourage and assist parties to voluntarily compromise or settle contested issues; and (iii) procedures to protect the confidentiality of papers, work products, 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 Board uses or relies on information obtained in the course of such proceeding in granting, suspending, restricting, or revoking a license or permit, or in accepting payment of a civil penalty or investigative costs. Consent agreements shall be signed by all parties and shall include provisions regarding whether the terms of the consent agreement are confidential.","order_by":null,"text":{"0":{"id":223992,"text":"As used in this section:\n\t\t\t“Appropriate case” means any alleged license or permit violation or objection to the application for a license or permit in which it is apparent that there are significant issues of disagreement among interested persons and for which the Board finds that the use of a mediation or dispute resolution proceeding is in the public interest.\n\t\t\t“Dispute resolution proceeding” means the same as that term is defined in § 8.01-576.4.\n\t\t\t“Mediation” means the same as that term is defined in § 8.01-576.4.\n\t\t\t“Neutral” means the same as that term is defined in § 8.01-576.4.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":223993,"text":"The Board may use mediation or a dispute resolution proceeding in appropriate cases to resolve underlying issues or reach a consensus or compromise on contested issues. Mediation and other dispute resolution proceedings as authorized by this section shall be voluntary procedures that supplement, rather than limit, other dispute resolution techniques available to the Board. Mediation or a dispute resolution proceeding may be used for an objection to the issuance of a license or permit only with the consent of, and participation by, the applicant for a license or permit and shall be terminated at the request of such applicant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":223994,"text":"Any resolution of a contested issue accepted by the Board under this section shall be considered a consent agreement as provided in § 4.1-604. The decision to use mediation or a dispute resolution proceeding is in the Board’s sole discretion and shall not be subject to judicial review.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":223995,"text":"The Board may adopt rules and regulations, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of this section. Such rules and regulations may include (i) standards and procedures for the conduct of mediation and dispute resolution proceedings, including an opportunity for interested persons identified by the Board to participate in the proceeding; (ii) the appointment and function of a neutral to encourage and assist parties to voluntarily compromise or settle contested issues; and (iii) procedures to protect the confidentiality of papers, work products, or other materials.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":223996,"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 Board uses or relies on information obtained in the course of such proceeding in granting, suspending, restricting, or revoking a license or permit, or in accepting payment of a civil penalty or investigative costs. Consent agreements shall be signed by all parties and shall include provisions regarding whether the terms of the consent agreement are confidential.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14477,"edition_id":1,"name":"General Provisions","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":13297,"metadata":{},"date_created":"2026-06-26 03:48:16","date_modified":"2026-06-26 03:48:16","permalink":{"id":219583,"object_type":"structure","relational_id":14477,"identifier":"6","token":"4.1\/II\/6","url":"\/4.1\/II\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13297,"edition_id":1,"name":"Cannabis Control Act","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":13129,"metadata":{},"date_created":"2026-06-26 03:44:35","date_modified":"2026-06-26 03:44:35","permalink":{"id":219415,"object_type":"structure","relational_id":13297,"identifier":"II","token":"4.1\/II","url":"\/4.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13129,"edition_id":1,"name":"Alcoholic Beverage and Cannabis Control","identifier":"4.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218569,"object_type":"structure","relational_id":13129,"identifier":"4.1","token":"4.1","url":"\/4.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71934,"structure_id":14477,"section_number":"4.1-600","catch_line":"Definitions","url":"\/4.1-600\/","token":"4.1\/II\/6\/4.1-600","metadata":false},{"id":57902,"structure_id":14477,"section_number":"4.1-601","catch_line":"Virginia Cannabis Control Authority created; public purpose","url":"\/4.1-601\/","token":"4.1\/II\/6\/4.1-601","metadata":false},{"id":70573,"structure_id":14477,"section_number":"4.1-602","catch_line":"Virginia Cannabis Control Authority; composition","url":"\/4.1-602\/","token":"4.1\/II\/6\/4.1-602","metadata":false},{"id":66869,"structure_id":14477,"section_number":"4.1-603","catch_line":"Cannabis Public Health Advisory Council; purpose; membership; quorum; meetings; compensation and expenses; duties","url":"\/4.1-603\/","token":"4.1\/II\/6\/4.1-603","metadata":false},{"id":85438,"structure_id":14477,"section_number":"4.1-604","catch_line":"Powers and duties of the Board","url":"\/4.1-604\/","token":"4.1\/II\/6\/4.1-604","metadata":false},{"id":61308,"structure_id":14477,"section_number":"4.1-605","catch_line":"Additional powers; mediation; alternative dispute resolution; confidentiality","url":"\/4.1-605\/","token":"4.1\/II\/6\/4.1-605","metadata":false},{"id":57582,"structure_id":14477,"section_number":"4.1-606","catch_line":"Regulations of the Board","url":"\/4.1-606\/","token":"4.1\/II\/6\/4.1-606","metadata":false},{"id":81973,"structure_id":14477,"section_number":"4.1-607","catch_line":"Board membership; terms; compensation","url":"\/4.1-607\/","token":"4.1\/II\/6\/4.1-607","metadata":false},{"id":58642,"structure_id":14477,"section_number":"4.1-608","catch_line":"Appointment, salary, and powers of Chief Executive Officer; appointment of confidential assistant to the Chief Executive Officer","url":"\/4.1-608\/","token":"4.1\/II\/6\/4.1-608","metadata":false},{"id":80957,"structure_id":14477,"section_number":"4.1-609","catch_line":"Background investigations of Board members and Chief Executive Officer","url":"\/4.1-609\/","token":"4.1\/II\/6\/4.1-609","metadata":false},{"id":71157,"structure_id":14477,"section_number":"4.1-610","catch_line":"Financial interests of Board, employees, and family members prohibited","url":"\/4.1-610\/","token":"4.1\/II\/6\/4.1-610","metadata":false},{"id":55862,"structure_id":14477,"section_number":"4.1-611","catch_line":"Seed-to-sale tracking system","url":"\/4.1-611\/","token":"4.1\/II\/6\/4.1-611","metadata":false},{"id":82234,"structure_id":14477,"section_number":"4.1-612","catch_line":"Moneys of Authority","url":"\/4.1-612\/","token":"4.1\/II\/6\/4.1-612","metadata":false},{"id":80636,"structure_id":14477,"section_number":"4.1-613","catch_line":"Forms of accounts and records; audit; annual report","url":"\/4.1-613\/","token":"4.1\/II\/6\/4.1-613","metadata":false},{"id":77437,"structure_id":14477,"section_number":"4.1-614","catch_line":"Disposition of moneys collected by the Board","url":"\/4.1-614\/","token":"4.1\/II\/6\/4.1-614","metadata":false},{"id":74329,"structure_id":14477,"section_number":"4.1-615","catch_line":"Leases and purchases of property by the Board","url":"\/4.1-615\/","token":"4.1\/II\/6\/4.1-615","metadata":false},{"id":60633,"structure_id":14477,"section_number":"4.1-616","catch_line":"Exemptions from taxes or assessments","url":"\/4.1-616\/","token":"4.1\/II\/6\/4.1-616","metadata":false},{"id":63513,"structure_id":14477,"section_number":"4.1-617","catch_line":"Exemption of Authority from personnel and procurement procedures; information systems; etc","url":"\/4.1-617\/","token":"4.1\/II\/6\/4.1-617","metadata":false},{"id":84336,"structure_id":14477,"section_number":"4.1-618","catch_line":"Reversion to the Commonwealth","url":"\/4.1-618\/","token":"4.1\/II\/6\/4.1-618","metadata":false},{"id":75381,"structure_id":14477,"section_number":"4.1-619","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail; electronic communications as alternative to regular mail; limitation","url":"\/4.1-619\/","token":"4.1\/II\/6\/4.1-619","metadata":false},{"id":84168,"structure_id":14477,"section_number":"4.1-620","catch_line":"Reports and accounting systems of Board; auditing books and records","url":"\/4.1-620\/","token":"4.1\/II\/6\/4.1-620","metadata":false},{"id":58665,"structure_id":14477,"section_number":"4.1-621","catch_line":"Certain information not to be made public","url":"\/4.1-621\/","token":"4.1\/II\/6\/4.1-621","metadata":false},{"id":58528,"structure_id":14477,"section_number":"4.1-622","catch_line":"Criminal history records check required on certain employees; reimbursement of costs","url":"\/4.1-622\/","token":"4.1\/II\/6\/4.1-622","metadata":false},{"id":75563,"structure_id":14477,"section_number":"4.1-623","catch_line":"Employees of the Authority","url":"\/4.1-623\/","token":"4.1\/II\/6\/4.1-623","metadata":false},{"id":67790,"structure_id":14477,"section_number":"4.1-624","catch_line":"Police power of members, agents, and employees of Board","url":"\/4.1-624\/","token":"4.1\/II\/6\/4.1-624","metadata":false},{"id":65436,"structure_id":14477,"section_number":"4.1-625","catch_line":"Liability of Board members; suits by and against Board","url":"\/4.1-625\/","token":"4.1\/II\/6\/4.1-625","metadata":false},{"id":79055,"structure_id":14477,"section_number":"4.1-626","catch_line":"Counsel for members, agents, and employees of Board","url":"\/4.1-626\/","token":"4.1\/II\/6\/4.1-626","metadata":false},{"id":57965,"structure_id":14477,"section_number":"4.1-627","catch_line":"Hearings; representation by counsel","url":"\/4.1-627\/","token":"4.1\/II\/6\/4.1-627","metadata":false},{"id":64256,"structure_id":14477,"section_number":"4.1-628","catch_line":"Hearings; allowances to witnesses","url":"\/4.1-628\/","token":"4.1\/II\/6\/4.1-628","metadata":false},{"id":81327,"structure_id":14477,"section_number":"4.1-629","catch_line":"Reserved","url":"\/4.1-629\/","token":"4.1\/II\/6\/4.1-629","metadata":false}],"previous_section":{"id":85438,"structure_id":14477,"section_number":"4.1-604","catch_line":"Powers and duties of the Board","url":"\/4.1-604\/","token":"4.1\/II\/6\/4.1-604","metadata":false},"next_section":{"id":57582,"structure_id":14477,"section_number":"4.1-606","catch_line":"Regulations of the Board","url":"\/4.1-606\/","token":"4.1\/II\/6\/4.1-606","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-605\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. 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 2023, chapters 740<\/a> and 773<\/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":85438,"section_number":"4.1-604","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/4.1-604\/"},{"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\/"}],"permalink":{"id":219605,"object_type":"law","relational_id":61308,"identifier":"4.1-605","token":"4.1\/II\/6\/4.1-605","url":"\/4.1-605\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-605\/","token":"4.1\/II\/6\/4.1-605","dublin_core":{"Title":"Additional powers; mediation; alternative dispute resolution; confidentiality","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-605","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Appropriate case<\/span>” means any alleged license or permit violation or objection to the application for a license or permit in which it is apparent that there are significant issues<\/span> of disagreement among interested persons and for which the Board<\/span> finds that the use of a mediation<\/span> or dispute resolution proceeding<\/span> is in the public interest.\n\t\t\t“Dispute resolution proceeding<\/span>” means the same as that term is defined in § 8.01-576.4<\/a>.\n\t\t\t“Mediation<\/span>” means the same as that term is defined in § 8.01-576.4<\/a>.\n\t\t\t“Neutral<\/span>” means the same as that term is defined in § 8.01-576.4<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> may use mediation<\/span> or a dispute resolution proceeding<\/span> in appropriate cases<\/span> to resolve underlying issues<\/span> or reach a consensus or compromise on contested issues<\/span>. Mediation<\/span> and other dispute resolution proceedings<\/span> as authorized by this section shall be voluntary procedures that supplement, rather than limit, other dispute resolution techniques available to the Board<\/span>. Mediation<\/span> or a dispute resolution proceeding<\/span> may be used for an objection to the issuance of a license or permit only with the consent of, and participation by, the applicant for a license or permit and shall be terminated at the request of such applicant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any resolution of a contested issue<\/span> accepted by the Board<\/span> under this section shall be considered a consent agreement as provided in § 4.1-604<\/a>. The decision to use mediation<\/span> or a dispute resolution proceeding<\/span> is in the Board<\/span>’s sole discretion and shall not be subject to judicial review. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span> may adopt rules and regulations, in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.), for the implementation of this section. Such rules and regulations may include (i) standards and procedures for the conduct of mediation<\/span> and dispute resolution proceedings<\/span>, including an opportunity for interested persons identified by the Board<\/span> to participate in the proceeding; (ii) the appointment and function of a neutral<\/span> to encourage and assist parties to voluntarily compromise or settle contested issues<\/span>; and (iii) procedures to protect the confidentiality of papers, work products, 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<\/span> or dispute resolution proceeding<\/span> shall govern all such proceedings held pursuant to this section except where the Board<\/span> uses or relies on information obtained in the course of such proceeding in granting, suspending, restricting, or revoking a license or permit, or in accepting payment of a civil penalty<\/span> or investigative costs. Consent agreements shall be signed by all parties and shall include provisions regarding whether the terms of the consent agreement are confidential. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADDITIONAL POWERS; MEDIATION; ALTERNATIVE DISPUTE RESOLUTION; CONFIDENTIALITY\n(\u00a7 4.1-605)\n\nA. As used in this section:\n\t\t\t“Appropriate case” means any alleged license or permit violation\nor objection to the application for a license or permit in which it is apparent\nthat there are significant issues of disagreement among interested persons and\nfor which the Board finds that the use of a mediation or dispute resolution\nproceeding is in the public interest.\n\t\t\t“Dispute resolution proceeding” means the same as that term is\ndefined in § 8.01-576.4.\n\t\t\t“Mediation” means the same as that term is defined in §\n8.01-576.4.\n\t\t\t“Neutral” means the same as that term is defined in §\n8.01-576.4.\n\nB. The Board may use mediation or a dispute resolution proceeding in appropriate\ncases to resolve underlying issues or reach a consensus or compromise on\ncontested issues. Mediation and other dispute resolution proceedings as\nauthorized by this section shall be voluntary procedures that supplement, rather\nthan limit, other dispute resolution techniques available to the Board.\nMediation or a dispute resolution proceeding may be used for an objection to the\nissuance of a license or permit only with the consent of, and participation by,\nthe applicant for a license or permit and shall be terminated at the request of\nsuch applicant.\n\nC. Any resolution of a contested issue accepted by the Board under this section\nshall be considered a consent agreement as provided in § 4.1-604. The\ndecision to use mediation or a dispute resolution proceeding is in the\nBoard’s sole discretion and shall not be subject to judicial review.\n\nD. The Board may adopt rules and regulations, in accordance with the\nAdministrative Process Act (§ 2.2-4000 et seq.), for the implementation of\nthis section. Such rules and regulations may include (i) standards and\nprocedures for the conduct of mediation and dispute resolution proceedings,\nincluding an opportunity for interested persons identified by the Board to\nparticipate in the proceeding; (ii) the appointment and function of a neutral to\nencourage and assist parties to voluntarily compromise or settle contested\nissues; and (iii) procedures to protect the confidentiality of papers, work\nproducts, 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 Board uses or relies on\ninformation obtained in the course of such proceeding in granting, suspending,\nrestricting, or revoking a license or permit, or in accepting payment of a civil\npenalty or investigative costs. Consent agreements shall be signed by all\nparties and shall include provisions regarding whether the terms of the consent\nagreement are confidential.\n\nHISTORY: 2021, Sp. Sess. I, cc. 550, 551; 2023, cc. 740, 773.","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}}