{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1625.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1625.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1625.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1625.html"}],"law_id":56696,"edition_id":1,"section_id":56696,"structure_id":13431,"section_number":"45.2-1625","catch_line":" Appeals of the Director’s decisions; notices; hearings and orders","history":"1990, c. 92, \u00a7 45.1-361.23; 1997, c. 759; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nWith the exception of an aggrieved permit applicant, no person shall have standing to appeal a decision of the Director to the Board concerning a new permit application unless such person has previously filed an objection with the Director pursuant to the provisions of § 45.2-1637.B\n\nWhen a person applies for a hearing to appeal a decision of the Director to the Board, the Board shall, at least 20 days prior to the hearing, give notice by certified mail, return receipt requested, to the person making the appeal and, if different, to the gas or oil operator subject to the appeal.C\n\nUpon submittal of the petition for appeal of a decision of the Director to the Board, the Director shall forward to the Board (i) the permit application or order and associated documents; (ii) all required notices; and (iii) the written objections, proposals, and claims recorded during the informal fact-finding hearing.D\n\nIn any appeal involving a permit for a new well that was objected to (i) pursuant to the provisions of § 45.2-1611 or 45.2-1612 or (ii) by a gas storage field operator who asserts that the proposed well work will adversely affect the operation of a gas storage field certificated by the State Corporation Commission, the filing of a petition for appeal shall stay any permit until the case is decided by the Board or the stay is dissolved by a court of record. However, in an appeal by a gas storage field operator, such automatic stay shall not apply to any oil, gas, or coalbed methane well completed more than 100 feet above the cap rock above the storage stratum. In any other appeal, the Director may order the permit or other decision stayed for good cause shown until the case is decided by the Board or the stay is dissolved by a court of record. An appeal based on an alleged risk of danger to any person not engaged in the gas or oil operations shall be prima facie proof of good cause for a stay.E\n\nThe Board shall conduct all hearings under this section in accordance with the formal litigated issues hearing provisions of Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act. However, any person to whom notice is required to be given pursuant to subsection B shall have standing to be heard at the hearing. The Board shall render its decision on such appeals within 30 days of the hearing’s closing date and shall provide notification of its decision to all parties pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","order_by":null,"text":{"0":{"id":207466,"text":"With the exception of an aggrieved permit applicant, no person shall have standing to appeal a decision of the Director to the Board concerning a new permit application unless such person has previously filed an objection with the Director pursuant to the provisions of § 45.2-1637.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207467,"text":"When a person applies for a hearing to appeal a decision of the Director to the Board, the Board shall, at least 20 days prior to the hearing, give notice by certified mail, return receipt requested, to the person making the appeal and, if different, to the gas or oil operator subject to the appeal.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":207468,"text":"Upon submittal of the petition for appeal of a decision of the Director to the Board, the Director shall forward to the Board (i) the permit application or order and associated documents; (ii) all required notices; and (iii) the written objections, proposals, and claims recorded during the informal fact-finding hearing.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":207469,"text":"In any appeal involving a permit for a new well that was objected to (i) pursuant to the provisions of § 45.2-1611 or 45.2-1612 or (ii) by a gas storage field operator who asserts that the proposed well work will adversely affect the operation of a gas storage field certificated by the State Corporation Commission, the filing of a petition for appeal shall stay any permit until the case is decided by the Board or the stay is dissolved by a court of record. However, in an appeal by a gas storage field operator, such automatic stay shall not apply to any oil, gas, or coalbed methane well completed more than 100 feet above the cap rock above the storage stratum. In any other appeal, the Director may order the permit or other decision stayed for good cause shown until the case is decided by the Board or the stay is dissolved by a court of record. An appeal based on an alleged risk of danger to any person not engaged in the gas or oil operations shall be prima facie proof of good cause for a stay.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":207470,"text":"The Board shall conduct all hearings under this section in accordance with the formal litigated issues hearing provisions of Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act. However, any person to whom notice is required to be given pursuant to subsection B shall have standing to be heard at the hearing. The Board shall render its decision on such appeals within 30 days of the hearing’s closing date and shall provide notification of its decision to all parties pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13431,"edition_id":1,"name":"Gas and Oil Conservation","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13430,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224731,"object_type":"structure","relational_id":13431,"identifier":"2","token":"45.2\/IV\/16\/2","url":"\/45.2\/IV\/16\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13430,"edition_id":1,"name":"Virginia Gas and Oil Act","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":13429,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224675,"object_type":"structure","relational_id":13430,"identifier":"16","token":"45.2\/IV\/16","url":"\/45.2\/IV\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13429,"edition_id":1,"name":"Gas and Oil","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224673,"object_type":"structure","relational_id":13429,"identifier":"IV","token":"45.2\/IV","url":"\/45.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76144,"structure_id":13431,"section_number":"45.2-1613","catch_line":" Meetings of the Board; notice; general powers and duties","url":"\/45.2-1613\/","token":"45.2\/IV\/16\/2\/45.2-1613","metadata":false},{"id":76594,"structure_id":13431,"section_number":"45.2-1614","catch_line":" Additional duties and responsibilities of the Board","url":"\/45.2-1614\/","token":"45.2\/IV\/16\/2\/45.2-1614","metadata":false},{"id":83675,"structure_id":13431,"section_number":"45.2-1615","catch_line":" Applicability and construction","url":"\/45.2-1615\/","token":"45.2\/IV\/16\/2\/45.2-1615","metadata":false},{"id":59912,"structure_id":13431,"section_number":"45.2-1616","catch_line":" Statewide spacing of wells","url":"\/45.2-1616\/","token":"45.2\/IV\/16\/2\/45.2-1616","metadata":false},{"id":60521,"structure_id":13431,"section_number":"45.2-1617","catch_line":" Voluntary pooling of interests in drilling units; validity of unit agreements","url":"\/45.2-1617\/","token":"45.2\/IV\/16\/2\/45.2-1617","metadata":false},{"id":66948,"structure_id":13431,"section_number":"45.2-1618","catch_line":" Notice of hearing; standing; form of hearing","url":"\/45.2-1618\/","token":"45.2\/IV\/16\/2\/45.2-1618","metadata":false},{"id":77291,"structure_id":13431,"section_number":"45.2-1619","catch_line":" Field rules and drilling units for wells; hearings and orders","url":"\/45.2-1619\/","token":"45.2\/IV\/16\/2\/45.2-1619","metadata":false},{"id":81791,"structure_id":13431,"section_number":"45.2-1620","catch_line":" Pooling of interests in drilling units","url":"\/45.2-1620\/","token":"45.2\/IV\/16\/2\/45.2-1620","metadata":false},{"id":80520,"structure_id":13431,"section_number":"45.2-1621","catch_line":" Coalbed methane gas; ownership","url":"\/45.2-1621\/","token":"45.2\/IV\/16\/2\/45.2-1621","metadata":false},{"id":64077,"structure_id":13431,"section_number":"45.2-1622","catch_line":" Pooling of interests for coalbed methane gas wells; conflicting claims to ownership","url":"\/45.2-1622\/","token":"45.2\/IV\/16\/2\/45.2-1622","metadata":false},{"id":72088,"structure_id":13431,"section_number":"45.2-1623","catch_line":" Conflicting claims of ownership; arbitration","url":"\/45.2-1623\/","token":"45.2\/IV\/16\/2\/45.2-1623","metadata":false},{"id":54396,"structure_id":13431,"section_number":"45.2-1624","catch_line":" Release of funds held in escrow or suspense because of conflicting claims to coalbed methane gas","url":"\/45.2-1624\/","token":"45.2\/IV\/16\/2\/45.2-1624","metadata":false},{"id":56696,"structure_id":13431,"section_number":"45.2-1625","catch_line":" Appeals of the Director's decisions; notices; hearings and orders","url":"\/45.2-1625\/","token":"45.2\/IV\/16\/2\/45.2-1625","metadata":false},{"id":85821,"structure_id":13431,"section_number":"45.2-1626","catch_line":" Enforcement","url":"\/45.2-1626\/","token":"45.2\/IV\/16\/2\/45.2-1626","metadata":false},{"id":54593,"structure_id":13431,"section_number":"45.2-1627","catch_line":" Standing when Director or Board fails to act","url":"\/45.2-1627\/","token":"45.2\/IV\/16\/2\/45.2-1627","metadata":false},{"id":56231,"structure_id":13431,"section_number":"45.2-1628","catch_line":" Recording of orders","url":"\/45.2-1628\/","token":"45.2\/IV\/16\/2\/45.2-1628","metadata":false}],"previous_section":{"id":54396,"structure_id":13431,"section_number":"45.2-1624","catch_line":" Release of funds held in escrow or suspense because of conflicting claims to coalbed methane gas","url":"\/45.2-1624\/","token":"45.2\/IV\/16\/2\/45.2-1624","metadata":false},"next_section":{"id":85821,"structure_id":13431,"section_number":"45.2-1626","catch_line":" Enforcement","url":"\/45.2-1626\/","token":"45.2\/IV\/16\/2\/45.2-1626","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1625\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 92 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 1990 \u201cActs\u201d aren\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 1997, chapter 759<\/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":59227,"section_number":"2.2-4018","catch_line":"Exemptions from operation of Article 3","order_by":null,"url":"\/2.2-4018\/"},{"id":87450,"section_number":"45.2-1611","catch_line":" Objections by coal owner","order_by":null,"url":"\/45.2-1611\/"},{"id":73152,"section_number":"45.2-1612","catch_line":" Distance limitations of certain wells","order_by":null,"url":"\/45.2-1612\/"}],"permalink":{"id":224781,"object_type":"law","relational_id":56696,"identifier":"45.2-1625","token":"45.2\/IV\/16\/2\/45.2-1625","url":"\/45.2-1625\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1625\/","token":"45.2\/IV\/16\/2\/45.2-1625","dublin_core":{"Title":" Appeals of the Director’s decisions; notices; hearings and orders","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1625","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> With the exception of an aggrieved permit applicant, no person shall have standing to appeal<\/span> a decision of the Director<\/span> to the Board<\/span> concerning a new permit application unless such person has previously filed an objection with the Director<\/span> pursuant to the provisions of § 45.2-1637<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When a person applies for a hearing<\/span> to appeal<\/span> a decision of the Director<\/span> to the Board<\/span>, the Board<\/span> shall, at least 20 days prior to the hearing<\/span>, give notice by certified mail, return receipt requested, to the person making the appeal<\/span> and, if different, to the gas or oil operator<\/span> subject to the appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon submittal of the petition<\/span> for appeal<\/span> of a decision of the Director<\/span> to the Board<\/span>, the Director<\/span> shall forward to the Board<\/span> (i) the permit application or order<\/span> and associated documents; (ii) all required notices; and (iii) the written objections, proposals, and claims recorded during the informal fact<\/span>-finding<\/span> hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any appeal<\/span> involving a permit for a new well<\/span> that was objected to (i) pursuant to the provisions of § 45.2-1611<\/a> or 45.2-1612<\/a> or (ii) by a gas storage field operator who asserts that the proposed well<\/span> work will adversely affect the operation of a gas storage field certificated by the State Corporation Commission, the filing of a petition<\/span> for appeal<\/span> shall stay any permit until the case is decided by the Board<\/span> or the stay is dissolved by a court<\/span> of record. However, in an appeal<\/span> by a gas storage field operator, such automatic stay<\/span> shall not apply to any oil, gas, or coalbed methane well<\/span> completed more than 100 feet above the cap rock above the storage stratum. In any other appeal<\/span>, the Director<\/span> may order<\/span> the permit or other decision stayed for good cause shown until the case is decided by the Board<\/span> or the stay is dissolved by a court<\/span> of record. An appeal<\/span> based on an alleged risk of danger to any person not engaged in the gas or oil operations<\/span> shall be prima facie proof<\/span> of good cause for a stay. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> shall conduct all hearings<\/span> under this section in accordance with the formal litigated issues<\/span> hearing<\/span> provisions of Article 3 (§ 2.2-4018<\/a> et seq.) of the Administrative Process Act. However, any person to whom notice is required to be given pursuant to subsection B shall have standing to be heard at the hearing<\/span>. The Board<\/span> shall render its decision on such appeals<\/span> within 30 days of the hearing<\/span>’s closing date and shall provide notification of its decision to all parties pursuant to the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n APPEALS OF THE DIRECTOR’S DECISIONS; NOTICES; HEARINGS AND ORDERS (\u00a7\n45.2-1625)\n\nA. With the exception of an aggrieved permit applicant, no person shall have\nstanding to appeal a decision of the Director to the Board concerning a new\npermit application unless such person has previously filed an objection with the\nDirector pursuant to the provisions of § 45.2-1637.\n\nB. When a person applies for a hearing to appeal a decision of the Director to\nthe Board, the Board shall, at least 20 days prior to the hearing, give notice\nby certified mail, return receipt requested, to the person making the appeal\nand, if different, to the gas or oil operator subject to the appeal.\n\nC. Upon submittal of the petition for appeal of a decision of the Director to\nthe Board, the Director shall forward to the Board (i) the permit application or\norder and associated documents; (ii) all required notices; and (iii) the written\nobjections, proposals, and claims recorded during the informal fact-finding\nhearing.\n\nD. In any appeal involving a permit for a new well that was objected to (i)\npursuant to the provisions of § 45.2-1611 or 45.2-1612 or (ii) by a gas\nstorage field operator who asserts that the proposed well work will adversely\naffect the operation of a gas storage field certificated by the State\nCorporation Commission, the filing of a petition for appeal shall stay any\npermit until the case is decided by the Board or the stay is dissolved by a\ncourt of record. However, in an appeal by a gas storage field operator, such\nautomatic stay shall not apply to any oil, gas, or coalbed methane well\ncompleted more than 100 feet above the cap rock above the storage stratum. In\nany other appeal, the Director may order the permit or other decision stayed for\ngood cause shown until the case is decided by the Board or the stay is dissolved\nby a court of record. An appeal based on an alleged risk of danger to any person\nnot engaged in the gas or oil operations shall be prima facie proof of good\ncause for a stay.\n\nE. The Board shall conduct all hearings under this section in accordance with\nthe formal litigated issues hearing provisions of Article 3 (§ 2.2-4018 et\nseq.) of the Administrative Process Act. However, any person to whom notice is\nrequired to be given pursuant to subsection B shall have standing to be heard at\nthe hearing. The Board shall render its decision on such appeals within 30 days\nof the hearing’s closing date and shall provide notification of its\ndecision to all parties pursuant to the provisions of the Administrative Process\nAct (§ 2.2-4000 et seq.).\n\nHISTORY: 1990, c. 92, \u00a7 45.1-361.23; 1997, c. 759; 2021, Sp. Sess. I, c. 387.","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}}