{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-2005.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-2005.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-2005.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-2005.html"}],"law_id":78145,"edition_id":1,"section_id":78145,"structure_id":13602,"section_number":"46.2-2005","catch_line":"Action on applications; hearings on denials and protests","history":"Code 1950, \u00a7 56-279; 1995, cc. 744, 803; 2001, c. 596; 2002, cc. 681, 734, 870; 2011, cc. 424, 881, 889; 2013, cc. 165, 582.","full_text":"A\n\nThe Department may act upon any application required under this chapter for a certificate of public convenience and necessity without a hearing, unless such application is protested by any aggrieved party, except that no protest shall be heard in such cases whereby the applicant has received a notice of intent to award a contract under the Virginia Public Procurement Act (§ 2.2-4300 et seq.) for irregular route common carrier service to or from a public-use airport located in the City of Norfolk or the County of Henrico. Aggrieved parties may protest an application by submitting written grounds to the Department setting forth (i) a precise statement of the party’s interest and how the party could be aggrieved if the application were granted; (ii) a full and clear statement of the facts that the person is prepared to provide by competent evidence; (iii) a statement of the specific relief sought; (iv) the case number assigned to the application; and (v) a certification that a copy of the protest was sent to the applicant.B\n\nThe Department may act upon any application required under this chapter for a license or certificate of fitness without a hearing, unless such application is protested by any party based upon fitness allegations. Parties may protest an application by submitting written grounds to the Department setting forth (i) a precise statement of the party’s objections to the application being granted; (ii) a full and clear statement of the facts that the person is prepared to provide by competent evidence; (iii) the case number assigned to the application; and (iv) a certification that a copy of the protest was sent to the applicant. The Department shall have full discretion as to whether a hearing is warranted based on the merits of any protest filed.C\n\nAny applicant denied without a hearing an original license, permit, or certificate under subsection A or B of this section or subsection B of § 46.2-2001.1, or any request for a transfer of such a license or certificate, shall be given a hearing at a time and place determined by the Commissioner or his designee upon the applicant’s written request for such hearing made within 30 days of denial.","order_by":null,"text":{"0":{"id":280153,"text":"The Department may act upon any application required under this chapter for a certificate of public convenience and necessity without a hearing, unless such application is protested by any aggrieved party, except that no protest shall be heard in such cases whereby the applicant has received a notice of intent to award a contract under the Virginia Public Procurement Act (§ 2.2-4300 et seq.) for irregular route common carrier service to or from a public-use airport located in the City of Norfolk or the County of Henrico. Aggrieved parties may protest an application by submitting written grounds to the Department setting forth (i) a precise statement of the party’s interest and how the party could be aggrieved if the application were granted; (ii) a full and clear statement of the facts that the person is prepared to provide by competent evidence; (iii) a statement of the specific relief sought; (iv) the case number assigned to the application; and (v) a certification that a copy of the protest was sent to the applicant.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":280154,"text":"The Department may act upon any application required under this chapter for a license or certificate of fitness without a hearing, unless such application is protested by any party based upon fitness allegations. Parties may protest an application by submitting written grounds to the Department setting forth (i) a precise statement of the party’s objections to the application being granted; (ii) a full and clear statement of the facts that the person is prepared to provide by competent evidence; (iii) the case number assigned to the application; and (iv) a certification that a copy of the protest was sent to the applicant. The Department shall have full discretion as to whether a hearing is warranted based on the merits of any protest filed.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":280155,"text":"Any applicant denied without a hearing an original license, permit, or certificate under subsection A or B of this section or subsection B of § 46.2-2001.1, or any request for a transfer of such a license or certificate, shall be given a hearing at a time and place determined by the Commissioner or his designee upon the applicant’s written request for such hearing made within 30 days of denial.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13602,"edition_id":1,"name":"Motor Carriers of Passengers -- Generally","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13319,"metadata":{},"date_created":"2026-06-26 03:45:21","date_modified":"2026-06-26 03:45:21","permalink":{"id":231969,"object_type":"structure","relational_id":13602,"identifier":"1","token":"46.2\/V\/20\/1","url":"\/46.2\/V\/20\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13319,"edition_id":1,"name":"Regulation of Passenger Carriers","identifier":"20","label":"chapter","depth":3,"order_by":1,"parent_id":13318,"metadata":{},"date_created":"2026-06-26 03:44:38","date_modified":"2026-06-26 03:44:38","permalink":{"id":231967,"object_type":"structure","relational_id":13319,"identifier":"20","token":"46.2\/V\/20","url":"\/46.2\/V\/20\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13318,"edition_id":1,"name":"Motor Carriers","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:38","date_modified":"2026-06-26 03:44:38","permalink":{"id":231965,"object_type":"structure","relational_id":13318,"identifier":"V","token":"46.2\/V","url":"\/46.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70585,"structure_id":13602,"section_number":"46.2-2000","catch_line":"Definitions","url":"\/46.2-2000\/","token":"46.2\/V\/20\/1\/46.2-2000","metadata":false},{"id":61587,"structure_id":13602,"section_number":"46.2-2000.1","catch_line":"Vehicles excluded from operation of chapter","url":"\/46.2-2000.1\/","token":"46.2\/V\/20\/1\/46.2-2000.1","metadata":false},{"id":64116,"structure_id":13602,"section_number":"46.2-2000.2","catch_line":"Repealed","url":"\/46.2-2000.2\/","token":"46.2\/V\/20\/1\/46.2-2000.2","metadata":false},{"id":60745,"structure_id":13602,"section_number":"46.2-2000.3","catch_line":"Disposition of funds collected","url":"\/46.2-2000.3\/","token":"46.2\/V\/20\/1\/46.2-2000.3","metadata":false},{"id":57606,"structure_id":13602,"section_number":"46.2-2001","catch_line":"Regulation by Department; reports; prevention of discrimination; regulation of leasing of motor vehicles","url":"\/46.2-2001\/","token":"46.2\/V\/20\/1\/46.2-2001","metadata":false},{"id":56883,"structure_id":13602,"section_number":"46.2-2001.1","catch_line":"License, permit, or certificate required","url":"\/46.2-2001.1\/","token":"46.2\/V\/20\/1\/46.2-2001.1","metadata":false},{"id":77508,"structure_id":13602,"section_number":"46.2-2001.2","catch_line":"Identification marker required","url":"\/46.2-2001.2\/","token":"46.2\/V\/20\/1\/46.2-2001.2","metadata":false},{"id":87169,"structure_id":13602,"section_number":"46.2-2001.3","catch_line":"Application; notice requirements","url":"\/46.2-2001.3\/","token":"46.2\/V\/20\/1\/46.2-2001.3","metadata":false},{"id":54570,"structure_id":13602,"section_number":"46.2-2002","catch_line":"Repealed","url":"\/46.2-2002\/","token":"46.2\/V\/20\/1\/46.2-2002","metadata":false},{"id":78145,"structure_id":13602,"section_number":"46.2-2005","catch_line":"Action on applications; 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misdemeanor; ejection","url":"\/46.2-2011.18\/","token":"46.2\/V\/20\/1\/46.2-2011.18","metadata":false},{"id":63428,"structure_id":13602,"section_number":"46.2-2011.19","catch_line":"Vehicle seizure; penalty","url":"\/46.2-2011.19\/","token":"46.2\/V\/20\/1\/46.2-2011.19","metadata":false},{"id":82881,"structure_id":13602,"section_number":"46.2-2011.2","catch_line":"Temporary emergency operation","url":"\/46.2-2011.2\/","token":"46.2\/V\/20\/1\/46.2-2011.2","metadata":false},{"id":80046,"structure_id":13602,"section_number":"46.2-2011.20","catch_line":"Unlawful use of registration and identification markers","url":"\/46.2-2011.20\/","token":"46.2\/V\/20\/1\/46.2-2011.20","metadata":false},{"id":60166,"structure_id":13602,"section_number":"46.2-2011.21","catch_line":"Registration and identification violations; penalties","url":"\/46.2-2011.21\/","token":"46.2\/V\/20\/1\/46.2-2011.21","metadata":false},{"id":82213,"structure_id":13602,"section_number":"46.2-2011.22","catch_line":"Violation; criminal penalties","url":"\/46.2-2011.22\/","token":"46.2\/V\/20\/1\/46.2-2011.22","metadata":false},{"id":81998,"structure_id":13602,"section_number":"46.2-2011.23","catch_line":"Violations; civil penalties","url":"\/46.2-2011.23\/","token":"46.2\/V\/20\/1\/46.2-2011.23","metadata":false},{"id":54936,"structure_id":13602,"section_number":"46.2-2011.24","catch_line":"Grounds for denying, suspending, or revoking licenses, permits, or certificates","url":"\/46.2-2011.24\/","token":"46.2\/V\/20\/1\/46.2-2011.24","metadata":false},{"id":60339,"structure_id":13602,"section_number":"46.2-2011.25","catch_line":"Altering or amending licenses, permits, or certificates","url":"\/46.2-2011.25\/","token":"46.2\/V\/20\/1\/46.2-2011.25","metadata":false},{"id":69988,"structure_id":13602,"section_number":"46.2-2011.26","catch_line":"Suspension, revocation, and refusal to renew licenses, permits, or certificates; notice and hearing","url":"\/46.2-2011.26\/","token":"46.2\/V\/20\/1\/46.2-2011.26","metadata":false},{"id":74287,"structure_id":13602,"section_number":"46.2-2011.27","catch_line":"Basis for reinstatement of suspended licenses, permits, or certificates; reinstatement fees","url":"\/46.2-2011.27\/","token":"46.2\/V\/20\/1\/46.2-2011.27","metadata":false},{"id":61508,"structure_id":13602,"section_number":"46.2-2011.28","catch_line":"Basis for relicensure after revocation of licenses, permits, or certificates; fees","url":"\/46.2-2011.28\/","token":"46.2\/V\/20\/1\/46.2-2011.28","metadata":false},{"id":87281,"structure_id":13602,"section_number":"46.2-2011.29","catch_line":"Surrender of identification marker, license plate, and registration card; removal by law enforcement; operation of vehicle denied","url":"\/46.2-2011.29\/","token":"46.2\/V\/20\/1\/46.2-2011.29","metadata":false},{"id":73468,"structure_id":13602,"section_number":"46.2-2011.3","catch_line":"Issuance, expiration, and renewal of license, permit, and certificate","url":"\/46.2-2011.3\/","token":"46.2\/V\/20\/1\/46.2-2011.3","metadata":false},{"id":79844,"structure_id":13602,"section_number":"46.2-2011.30","catch_line":"No property rights in highways conferred by chapter","url":"\/46.2-2011.30\/","token":"46.2\/V\/20\/1\/46.2-2011.30","metadata":false},{"id":72228,"structure_id":13602,"section_number":"46.2-2011.31","catch_line":"Licenses, taxes, etc., not affected","url":"\/46.2-2011.31\/","token":"46.2\/V\/20\/1\/46.2-2011.31","metadata":false},{"id":82246,"structure_id":13602,"section_number":"46.2-2011.32","catch_line":"Title to plates and markers","url":"\/46.2-2011.32\/","token":"46.2\/V\/20\/1\/46.2-2011.32","metadata":false},{"id":77623,"structure_id":13602,"section_number":"46.2-2011.33","catch_line":"Prohibition on taxicab operators; registered sex offender","url":"\/46.2-2011.33\/","token":"46.2\/V\/20\/1\/46.2-2011.33","metadata":false},{"id":78242,"structure_id":13602,"section_number":"46.2-2011.4","catch_line":"Conversion of contract bus certificates","url":"\/46.2-2011.4\/","token":"46.2\/V\/20\/1\/46.2-2011.4","metadata":false},{"id":80835,"structure_id":13602,"section_number":"46.2-2011.5","catch_line":"Filing and application fees","url":"\/46.2-2011.5\/","token":"46.2\/V\/20\/1\/46.2-2011.5","metadata":false},{"id":72597,"structure_id":13602,"section_number":"46.2-2011.6","catch_line":"Vehicle fees","url":"\/46.2-2011.6\/","token":"46.2\/V\/20\/1\/46.2-2011.6","metadata":false},{"id":65747,"structure_id":13602,"section_number":"46.2-2011.7","catch_line":"Certificate holders must provide services","url":"\/46.2-2011.7\/","token":"46.2\/V\/20\/1\/46.2-2011.7","metadata":false},{"id":79243,"structure_id":13602,"section_number":"46.2-2011.8","catch_line":"Transfers of certificates of public convenience and necessity","url":"\/46.2-2011.8\/","token":"46.2\/V\/20\/1\/46.2-2011.8","metadata":false},{"id":65974,"structure_id":13602,"section_number":"46.2-2011.9","catch_line":"Bond and letter of credit requirements","url":"\/46.2-2011.9\/","token":"46.2\/V\/20\/1\/46.2-2011.9","metadata":false},{"id":81591,"structure_id":13602,"section_number":"46.2-2012","catch_line":"Repealed","url":"\/46.2-2012\/","token":"46.2\/V\/20\/1\/46.2-2012","metadata":false},{"id":57822,"structure_id":13602,"section_number":"46.2-2042","catch_line":"Repealed","url":"\/46.2-2042\/","token":"46.2\/V\/20\/1\/46.2-2042","metadata":false},{"id":75502,"structure_id":13602,"section_number":"46.2-2043","catch_line":"Repealed","url":"\/46.2-2043\/","token":"46.2\/V\/20\/1\/46.2-2043","metadata":false}],"previous_section":{"id":54570,"structure_id":13602,"section_number":"46.2-2002","catch_line":"Repealed","url":"\/46.2-2002\/","token":"46.2\/V\/20\/1\/46.2-2002","metadata":false},"next_section":{"id":76035,"structure_id":13602,"section_number":"46.2-2005.1","catch_line":"Determination for issuance for license, permit, or certificate","url":"\/46.2-2005.1\/","token":"46.2\/V\/20\/1\/46.2-2005.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-2005\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1995, chapters 744<\/a> and 803<\/a>; in 2001, chapter 596<\/a>; in 2002, chapters 681<\/a>, 734<\/a>, and 870<\/a>; in 2011, chapters 424<\/a>, 881<\/a>, and 889<\/a>; in 2013, chapters 165<\/a> and 582<\/a>.<\/p>","references":false,"refers_to":[{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"},{"id":56883,"section_number":"46.2-2001.1","catch_line":"License, permit, or certificate required","order_by":null,"url":"\/46.2-2001.1\/"}],"permalink":{"id":232007,"object_type":"law","relational_id":78145,"identifier":"46.2-2005","token":"46.2\/V\/20\/1\/46.2-2005","url":"\/46.2-2005\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-2005\/","token":"46.2\/V\/20\/1\/46.2-2005","dublin_core":{"Title":"Action on applications; hearings on denials and protests","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-2005","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span> may act upon any application required under this chapter for a certificate of public convenience and necessity<\/span> without a hearing<\/span>, unless such application is protested by any aggrieved party<\/span>, except that no protest shall be heard in such cases whereby the applicant has received a notice of intent<\/span> to award a contract<\/span> under the Virginia Public Procurement Act (§ 2.2-4300<\/a> et seq.) for irregular route common carrier<\/span> service to or from a public-use airport located in the City of Norfolk or the County of Henrico. Aggrieved parties may protest an application by submitting written grounds to the Department<\/span> setting forth (i) a precise statement of the party’s interest and how the party could be aggrieved if the application were granted; (ii) a full and clear statement of the facts<\/span> that the person<\/span> is prepared to provide by competent evidence<\/span>; (iii) a statement of the specific relief sought; (iv) the case number assigned to the application; and (v) a certification that a copy of the protest was sent to the applicant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> may act upon any application required under this chapter for a license<\/span> or certificate of fitness<\/span> without a hearing<\/span>, unless such application is protested by any party based upon fitness allegations<\/span>. Parties may protest an application by submitting written grounds to the Department<\/span> setting forth (i) a precise statement of the party’s objections to the application being granted; (ii) a full and clear statement of the facts<\/span> that the person<\/span> is prepared to provide by competent evidence<\/span>; (iii) the case number assigned to the application; and (iv) a certification that a copy of the protest was sent to the applicant. The Department<\/span> shall have full discretion as to whether a hearing<\/span> is warranted based on the merits of any protest filed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any applicant denied without a hearing<\/span> an original license<\/span>, permit<\/span>, or certificate under subsection A or B of this section or subsection B of § 46.2-2001.1<\/a>, or any request for a transfer of such a license<\/span> or certificate, shall be given a hearing<\/span> at a time and place determined by the Commissioner<\/span> or his designee upon the applicant’s written request for such hearing<\/span> made within 30 days of denial. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACTION ON APPLICATIONS; HEARINGS ON DENIALS AND PROTESTS (\u00a7 46.2-2005)\n\nA. The Department may act upon any application required under this chapter for a\ncertificate of public convenience and necessity without a hearing, unless such\napplication is protested by any aggrieved party, except that no protest shall be\nheard in such cases whereby the applicant has received a notice of intent to\naward a contract under the Virginia Public Procurement Act (§ 2.2-4300 et\nseq.) for irregular route common carrier service to or from a public-use airport\nlocated in the City of Norfolk or the County of Henrico. Aggrieved parties may\nprotest an application by submitting written grounds to the Department setting\nforth (i) a precise statement of the party’s interest and how the party\ncould be aggrieved if the application were granted; (ii) a full and clear\nstatement of the facts that the person is prepared to provide by competent\nevidence; (iii) a statement of the specific relief sought; (iv) the case number\nassigned to the application; and (v) a certification that a copy of the protest\nwas sent to the applicant.\n\nB. The Department may act upon any application required under this chapter for a\nlicense or certificate of fitness without a hearing, unless such application is\nprotested by any party based upon fitness allegations. Parties may protest an\napplication by submitting written grounds to the Department setting forth (i) a\nprecise statement of the party’s objections to the application being\ngranted; (ii) a full and clear statement of the facts that the person is\nprepared to provide by competent evidence; (iii) the case number assigned to the\napplication; and (iv) a certification that a copy of the protest was sent to the\napplicant. The Department shall have full discretion as to whether a hearing is\nwarranted based on the merits of any protest filed.\n\nC. Any applicant denied without a hearing an original license, permit, or\ncertificate under subsection A or B of this section or subsection B of §\n46.2-2001.1, or any request for a transfer of such a license or certificate,\nshall be given a hearing at a time and place determined by the Commissioner or\nhis designee upon the applicant’s written request for such hearing made\nwithin 30 days of denial.\n\nHISTORY: Code 1950, \u00a7 56-279; 1995, cc. 744, 803; 2001, c. 596; 2002, cc. 681,\n734, 870; 2011, cc. 424, 881, 889; 2013, cc. 165, 582.","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}}