{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-1122.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-1122.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-1122.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-1122.html"}],"law_id":54973,"edition_id":1,"section_id":54973,"structure_id":13920,"section_number":"54.1-1122","catch_line":"Consideration of applications for payment","history":"1980, c. 635, \u00a7 54-145.3:4; 1984, c. 270; 1987, c. 555; 1988, c. 765; 2006, c. 723; 2013, c. 343; 2017, c. 572.","full_text":"A\n\nThe claimant shall submit the following supporting documentation with the claim:1\n\nCopies of the contract with the regulant and all written change orders to the contract. If no written contract between the regulant and the claimant is available, the claimant may submit an affidavit attesting to the terms of the agreement, promise, or other contractual obligation;2\n\nAll pleadings or other documents filed with the court from which judgment was obtained;3\n\nAll orders and opinions of the court from which judgment was obtained, including the final judgment order;4\n\nThe transcript of the debtor&#8217;s interrogatories, if conducted, or if no transcript is available, a sworn affidavit affirming that debtor&#8217;s interrogatories were conducted, or evidence that debtor&#8217;s interrogatories were attempted if not conducted; a description of assets of the judgment debtor disclosed in the debtor&#8217;s interrogatories; and a description of all steps taken for the sale or application of those disclosed assets in whole or partial satisfaction of the judgment, or a statement why no means are legally available for the sale or application of those disclosed assets, or a statement that the value of the disclosed assets is less than the cost of levying upon and selling such assets including reasonable estimates of the fair market value of the disclosed assets and costs of levying upon selling such assets;5\n\nA statement of the balance of the judgment remaining unpaid at the time the claim is submitted to the Department, and a statement that the claimant agrees to notify the Department of any additional payment that may be received in whole or partial satisfaction of the judgment during the pendency of the claim before the Board; and6\n\nAny other documentary evidence or exhibits the claimant wishes the Board to consider with the claim.B\n\nThe Department shall promptly consider the verified claim of the claimant administratively. If the claim form is incomplete or not properly notarized, or if all required supporting documentation is not included with the claim, then the Department may provide the claimant with notice of any deficiency and an additional opportunity to submit a corrected verified claim. The burden shall be on the claimant to comply with all claim requirements and to submit the necessary documentation within 12 months of the initial claim submission. Once the Department confirms that the verified claim is complete, it shall present such verified claim, along with a recommendation regarding payment, to the Board for the Board&#8217;s consideration and shall notify the claimant of the Board&#8217;s recommendation.C\n\nThe Department&#8217;s and Board&#8217;s consideration of the claim shall be based solely on the contents of the verified claim. Neither an informal fact-finding conference pursuant to &#xA7; 2.2-4019 nor a formal hearing pursuant to &#xA7; 2.2-4020 shall be required, unless requested by the claimant.D\n\nA claimant shall not be denied recovery from the Fund due to the fact that order for judgment filed with the verified claim does not contain a specific finding of &#8220;improper or dishonest conduct.&#8221; Any language in the order that supports the conclusion that the court found that the conduct of the regulant meets the definition of &#8220;improper or dishonest conduct&#8221; in &#xA7; 54.1-1118 shall be used by the Board to determine eligibility for recovery from the Fund. To the extent the judgment order is silent as to the court&#8217;s findings on the conduct of the regulant, the Board may determine whether the conduct of the regulant meets the definition of improper or dishonest conduct by substantial evidence in the verified claim.E\n\nIf the Board finds there has been compliance with the required conditions, the Board shall issue a directive ordering payment from the fund to the claimant the amount remaining unpaid on the judgment, subject to the limitations set forth in &#xA7; 54.1-1123. The claimant shall be notified in writing of the findings of the Board. The Board&#8217;s findings shall be considered a &#8220;case decision&#8221; and judicial review of these findings shall be in accordance with &#xA7; 2.2-4025 of the Administrative Process Act (&#xA7; 2.2-4000 et seq.). Notwithstanding any other provision of law, the Board shall have the right to appeal a decision of any court which is contrary to any distribution recommended or authorized by it.","order_by":null,"text":{"0":{"id":201668,"text":"The claimant shall submit the following supporting documentation with the claim:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":201669,"text":"Copies of the contract with the regulant and all written change orders to the contract. If no written contract between the regulant and the claimant is available, the claimant may submit an affidavit attesting to the terms of the agreement, promise, or other contractual obligation;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":201670,"text":"All pleadings or other documents filed with the court from which judgment was obtained;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":201671,"text":"All orders and opinions of the court from which judgment was obtained, including the final judgment order;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":201672,"text":"The transcript of the debtor&#8217;s interrogatories, if conducted, or if no transcript is available, a sworn affidavit affirming that debtor&#8217;s interrogatories were conducted, or evidence that debtor&#8217;s interrogatories were attempted if not conducted; a description of assets of the judgment debtor disclosed in the debtor&#8217;s interrogatories; and a description of all steps taken for the sale or application of those disclosed assets in whole or partial satisfaction of the judgment, or a statement why no means are legally available for the sale or application of those disclosed assets, or a statement that the value of the disclosed assets is less than the cost of levying upon and selling such assets including reasonable estimates of the fair market value of the disclosed assets and costs of levying upon selling such assets;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":201673,"text":"A statement of the balance of the judgment remaining unpaid at the time the claim is submitted to the Department, and a statement that the claimant agrees to notify the Department of any additional payment that may be received in whole or partial satisfaction of the judgment during the pendency of the claim before the Board; and","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":201674,"text":"Any other documentary evidence or exhibits the claimant wishes the Board to consider with the claim.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":201675,"text":"The Department shall promptly consider the verified claim of the claimant administratively. If the claim form is incomplete or not properly notarized, or if all required supporting documentation is not included with the claim, then the Department may provide the claimant with notice of any deficiency and an additional opportunity to submit a corrected verified claim. The burden shall be on the claimant to comply with all claim requirements and to submit the necessary documentation within 12 months of the initial claim submission. Once the Department confirms that the verified claim is complete, it shall present such verified claim, along with a recommendation regarding payment, to the Board for the Board&#8217;s consideration and shall notify the claimant of the Board&#8217;s recommendation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":201676,"text":"The Department&#8217;s and Board&#8217;s consideration of the claim shall be based solely on the contents of the verified claim. Neither an informal fact-finding conference pursuant to &#xA7; 2.2-4019 nor a formal hearing pursuant to &#xA7; 2.2-4020 shall be required, unless requested by the claimant.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"9":{"id":201677,"text":"A claimant shall not be denied recovery from the Fund due to the fact that order for judgment filed with the verified claim does not contain a specific finding of &#8220;improper or dishonest conduct.&#8221; Any language in the order that supports the conclusion that the court found that the conduct of the regulant meets the definition of &#8220;improper or dishonest conduct&#8221; in &#xA7; 54.1-1118 shall be used by the Board to determine eligibility for recovery from the Fund. To the extent the judgment order is silent as to the court&#8217;s findings on the conduct of the regulant, the Board may determine whether the conduct of the regulant meets the definition of improper or dishonest conduct by substantial evidence in the verified claim.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":201678,"text":"If the Board finds there has been compliance with the required conditions, the Board shall issue a directive ordering payment from the fund to the claimant the amount remaining unpaid on the judgment, subject to the limitations set forth in &#xA7; 54.1-1123. The claimant shall be notified in writing of the findings of the Board. The Board&#8217;s findings shall be considered a &#8220;case decision&#8221; and judicial review of these findings shall be in accordance with &#xA7; 2.2-4025 of the Administrative Process Act (&#xA7; 2.2-4000 et seq.). Notwithstanding any other provision of law, the Board shall have the right to appeal a decision of any court which is contrary to any distribution recommended or authorized by it.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13920,"edition_id":1,"name":"Virginia Contractor Transaction Recovery Act","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13234,"metadata":{},"date_created":"2026-06-26 03:46:18","date_modified":"2026-06-26 03:46:18","permalink":{"id":239527,"object_type":"structure","relational_id":13920,"identifier":"2","token":"54.1\/II\/11\/2","url":"\/54.1\/II\/11\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13234,"edition_id":1,"name":"Contractors","identifier":"11","label":"chapter","depth":3,"order_by":1,"parent_id":12755,"metadata":{},"date_created":"2026-06-26 03:44:29","date_modified":"2026-06-26 03:44:29","permalink":{"id":239423,"object_type":"structure","relational_id":13234,"identifier":"11","token":"54.1\/II\/11","url":"\/54.1\/II\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12755,"edition_id":1,"name":"Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards Within the Department","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239415,"object_type":"structure","relational_id":12755,"identifier":"II","token":"54.1\/II","url":"\/54.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","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":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85483,"structure_id":13920,"section_number":"54.1-1118","catch_line":"Definitions","url":"\/54.1-1118\/","token":"54.1\/II\/11\/2\/54.1-1118","metadata":false},{"id":65141,"structure_id":13920,"section_number":"54.1-1119","catch_line":"Assessments by Director; assignment to Fund; minimum balance; notice; penalties; costs of administration","url":"\/54.1-1119\/","token":"54.1\/II\/11\/2\/54.1-1119","metadata":false},{"id":86855,"structure_id":13920,"section_number":"54.1-1120","catch_line":"Recovery from Fund generally","url":"\/54.1-1120\/","token":"54.1\/II\/11\/2\/54.1-1120","metadata":false},{"id":73226,"structure_id":13920,"section_number":"54.1-1120.1","catch_line":"Recovery on bond","url":"\/54.1-1120.1\/","token":"54.1\/II\/11\/2\/54.1-1120.1","metadata":false},{"id":60926,"structure_id":13920,"section_number":"54.1-1121","catch_line":"Investigations","url":"\/54.1-1121\/","token":"54.1\/II\/11\/2\/54.1-1121","metadata":false},{"id":54973,"structure_id":13920,"section_number":"54.1-1122","catch_line":"Consideration of applications for payment","url":"\/54.1-1122\/","token":"54.1\/II\/11\/2\/54.1-1122","metadata":false},{"id":62297,"structure_id":13920,"section_number":"54.1-1123","catch_line":"Limitations upon recovery from Fund; certain actions not a bar to recovery","url":"\/54.1-1123\/","token":"54.1\/II\/11\/2\/54.1-1123","metadata":false},{"id":86010,"structure_id":13920,"section_number":"54.1-1124","catch_line":"Participation by Board or Director in proceeding","url":"\/54.1-1124\/","token":"54.1\/II\/11\/2\/54.1-1124","metadata":false},{"id":87375,"structure_id":13920,"section_number":"54.1-1125","catch_line":"Assignment of claimant's rights to Board; payment of claim","url":"\/54.1-1125\/","token":"54.1\/II\/11\/2\/54.1-1125","metadata":false},{"id":76787,"structure_id":13920,"section_number":"54.1-1126","catch_line":"Repealed","url":"\/54.1-1126\/","token":"54.1\/II\/11\/2\/54.1-1126","metadata":false},{"id":56430,"structure_id":13920,"section_number":"54.1-1127","catch_line":"No waiver by Board of disciplinary action against regulant","url":"\/54.1-1127\/","token":"54.1\/II\/11\/2\/54.1-1127","metadata":false}],"previous_section":{"id":60926,"structure_id":13920,"section_number":"54.1-1121","catch_line":"Investigations","url":"\/54.1-1121\/","token":"54.1\/II\/11\/2\/54.1-1121","metadata":false},"next_section":{"id":62297,"structure_id":13920,"section_number":"54.1-1123","catch_line":"Limitations upon recovery from Fund; certain actions not a bar to recovery","url":"\/54.1-1123\/","token":"54.1\/II\/11\/2\/54.1-1123","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-1122\/","history_text":"<p>This law was first created in 1980. The record of its establishment is cataloged in chapter 635 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 1980 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1984, chapter 270; in 1987, chapter 555; in 1988, chapter 765; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0723\">723<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0343\">343<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0572\">572<\/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":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"id":69646,"section_number":"2.2-4025","catch_line":"Exemptions operation of this article; limitations","order_by":null,"url":"\/2.2-4025\/"},{"id":85483,"section_number":"54.1-1118","catch_line":"Definitions","order_by":null,"url":"\/54.1-1118\/"},{"id":62297,"section_number":"54.1-1123","catch_line":"Limitations upon recovery from Fund; certain actions not a bar to recovery","order_by":null,"url":"\/54.1-1123\/"}],"permalink":{"id":239549,"object_type":"law","relational_id":54973,"identifier":"54.1-1122","token":"54.1\/II\/11\/2\/54.1-1122","url":"\/54.1-1122\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-1122\/","token":"54.1\/II\/11\/2\/54.1-1122","dublin_core":{"Title":"Consideration of applications for payment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-1122","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">claimant<\/span> shall submit the following supporting documentation with the claim: <a id=\"paragraph-201668\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-1122\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Copies of the <span class=\"dictionary\">contract<\/span> with the <span class=\"dictionary\">regulant<\/span> and all written change <span class=\"dictionary\">orders<\/span> to the <span class=\"dictionary\">contract<\/span>. If no written <span class=\"dictionary\">contract<\/span> between the <span class=\"dictionary\">regulant<\/span> and the <span class=\"dictionary\">claimant<\/span> is available, the <span class=\"dictionary\">claimant<\/span> may submit an <span class=\"dictionary\">affidavit<\/span> attesting to the terms of the agreement, promise, or other contractual obligation; <a id=\"paragraph-201669\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-1122\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> All <span class=\"dictionary\">pleadings<\/span> or other documents filed with the <span class=\"dictionary\">court<\/span> from which <span class=\"dictionary\">judgment<\/span> was obtained; <a id=\"paragraph-201670\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-1122\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> All <span class=\"dictionary\">orders<\/span> and <span class=\"dictionary\">opinions<\/span> of the <span class=\"dictionary\">court<\/span> from which <span class=\"dictionary\">judgment<\/span> was obtained, including the final <span class=\"dictionary\">judgment<\/span> <span class=\"dictionary\">order<\/span>; <a id=\"paragraph-201671\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-1122\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The <span class=\"dictionary\">transcript<\/span> of the debtor&#8217;s <span class=\"dictionary\">interrogatories<\/span>, if conducted, or if no <span class=\"dictionary\">transcript<\/span> is available, a sworn <span class=\"dictionary\">affidavit<\/span> affirming that debtor&#8217;s <span class=\"dictionary\">interrogatories<\/span> were conducted, or <span class=\"dictionary\">evidence<\/span> that debtor&#8217;s <span class=\"dictionary\">interrogatories<\/span> were attempted if not conducted; a description of <span class=\"dictionary\">assets<\/span> of the <span class=\"dictionary\">judgment debtor<\/span> disclosed in the debtor&#8217;s <span class=\"dictionary\">interrogatories<\/span>; and a description of all steps taken for the sale or application of those disclosed <span class=\"dictionary\">assets<\/span> in whole or partial satisfaction of the judgment, or a statement why no means are legally available for the sale or application of those disclosed <span class=\"dictionary\">assets<\/span>, or a statement that the <span class=\"dictionary\">value<\/span> of the disclosed <span class=\"dictionary\">assets<\/span> is less than the cost of levying upon and selling such <span class=\"dictionary\">assets<\/span> including reasonable estimates of the fair market <span class=\"dictionary\">value<\/span> of the disclosed <span class=\"dictionary\">assets<\/span> and costs of levying upon selling such <span class=\"dictionary\">assets<\/span>; <a id=\"paragraph-201672\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-1122\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> A statement of the balance of the judgment remaining unpaid at the time the claim is submitted to the <span class=\"dictionary\">Department<\/span>, and a statement that the <span class=\"dictionary\">claimant<\/span> agrees to notify the <span class=\"dictionary\">Department<\/span> of any additional payment that may be received in whole or partial satisfaction of the judgment during the pendency of the claim before the <span class=\"dictionary\">Board<\/span>; and <a id=\"paragraph-201673\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-1122\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> Any other documentary <span class=\"dictionary\">evidence<\/span> or exhibits the <span class=\"dictionary\">claimant<\/span> wishes the <span class=\"dictionary\">Board<\/span> to consider with the claim. <a id=\"paragraph-201674\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-1122\/#A6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Department<\/span> shall promptly consider the <span class=\"dictionary\">verified claim<\/span> of the <span class=\"dictionary\">claimant<\/span> administratively. If the claim form is incomplete or not properly notarized, or if all required supporting documentation is not included with the claim, then the <span class=\"dictionary\">Department<\/span> may provide the <span class=\"dictionary\">claimant<\/span> with notice of any deficiency and an additional opportunity to submit a corrected <span class=\"dictionary\">verified claim<\/span>. The burden shall be on the <span class=\"dictionary\">claimant<\/span> to comply with all claim requirements and to submit the necessary documentation within 12 months of the initial claim submission. Once the <span class=\"dictionary\">Department<\/span> confirms that the <span class=\"dictionary\">verified claim<\/span> is complete, it shall present such <span class=\"dictionary\">verified claim<\/span>, along with a recommendation regarding payment, to the <span class=\"dictionary\">Board<\/span> for the <span class=\"dictionary\">Board<\/span>&#8217;s consideration and shall notify the <span class=\"dictionary\">claimant<\/span> of the <span class=\"dictionary\">Board<\/span>&#8217;s recommendation. <a id=\"paragraph-201675\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-1122\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">Department<\/span>&#8217;s and <span class=\"dictionary\">Board<\/span>&#8217;s consideration of the claim shall be based solely on the contents of the <span class=\"dictionary\">verified claim<\/span>. Neither an informal <span class=\"dictionary\">fact<\/span>-<span class=\"dictionary\">finding<\/span> conference pursuant to &#xA7; <a class=\"law\" title=\"Informal fact finding proceedings\" href=\"\/2.2-4019\/\">2.2-4019<\/a> nor a formal <span class=\"dictionary\">hearing<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Formal hearings; litigated issues\" href=\"\/2.2-4020\/\">2.2-4020<\/a> shall be required, unless requested by the <span class=\"dictionary\">claimant<\/span>. <a id=\"paragraph-201676\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-1122\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> A <span class=\"dictionary\">claimant<\/span> shall not be denied recovery from the <span class=\"dictionary\">Fund<\/span> due to the <span class=\"dictionary\">fact<\/span> that <span class=\"dictionary\">order<\/span> for judgment filed with the <span class=\"dictionary\">verified claim<\/span> does not contain a specific <span class=\"dictionary\">finding<\/span> of &#8220;<span class=\"dictionary\">improper or dishonest conduct<\/span>.&#8221; Any language in the <span class=\"dictionary\">order<\/span> that supports the conclusion that the <span class=\"dictionary\">court<\/span> found that the conduct of the <span class=\"dictionary\">regulant<\/span> meets the definition of &#8220;<span class=\"dictionary\">improper or dishonest conduct<\/span>&#8221; in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/54.1-1118\/\">54.1-1118<\/a> shall be used by the <span class=\"dictionary\">Board<\/span> to determine eligibility for recovery from the <span class=\"dictionary\">Fund<\/span>. To the extent the judgment <span class=\"dictionary\">order<\/span> is silent as to the <span class=\"dictionary\">court<\/span>&#8217;s <span class=\"dictionary\">findings<\/span> on the conduct of the <span class=\"dictionary\">regulant<\/span>, the <span class=\"dictionary\">Board<\/span> may determine whether the conduct of the <span class=\"dictionary\">regulant<\/span> meets the definition of <span class=\"dictionary\">improper or dishonest conduct<\/span> by substantial <span class=\"dictionary\">evidence<\/span> in the <span class=\"dictionary\">verified claim<\/span>. <a id=\"paragraph-201677\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-1122\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> If the <span class=\"dictionary\">Board<\/span> finds there has been compliance with the required conditions, the <span class=\"dictionary\">Board<\/span> shall <span class=\"dictionary\">issue<\/span> a directive ordering payment from the <span class=\"dictionary\">fund<\/span> to the <span class=\"dictionary\">claimant<\/span> the amount remaining unpaid on the judgment, subject to the limitations set forth in &#xA7; <a class=\"law\" title=\"Limitations upon recovery from Fund; certain actions not a bar to recovery\" href=\"\/54.1-1123\/\">54.1-1123<\/a>. The <span class=\"dictionary\">claimant<\/span> shall be notified in writing of the <span class=\"dictionary\">findings<\/span> of the <span class=\"dictionary\">Board<\/span>. The <span class=\"dictionary\">Board<\/span>&#8217;s <span class=\"dictionary\">findings<\/span> shall be considered a &#8220;case decision&#8221; and judicial review of these <span class=\"dictionary\">findings<\/span> shall be in accordance with &#xA7; <a class=\"law\" title=\"Exemptions operation of this article; limitations\" href=\"\/2.2-4025\/\">2.2-4025<\/a> of the Administrative Process <span class=\"dictionary\">Act<\/span> (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> et seq.). Notwithstanding any other provision of <span class=\"dictionary\">law<\/span>, the <span class=\"dictionary\">Board<\/span> shall have the right to <span class=\"dictionary\">appeal<\/span> a decision of any <span class=\"dictionary\">court<\/span> which is contrary to any distribution recommended or authorized by it. <a id=\"paragraph-201678\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-1122\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCONSIDERATION OF APPLICATIONS FOR PAYMENT (\u00a7 54.1-1122)\n\nA. The claimant shall submit the following supporting documentation with the\nclaim:\n\n   1. Copies of the contract with the regulant and all written change orders to\n   the contract. If no written contract between the regulant and the claimant is\n   available, the claimant may submit an affidavit attesting to the terms of the\n   agreement, promise, or other contractual obligation;\n\n   2. All pleadings or other documents filed with the court from which judgment\n   was obtained;\n\n   3. All orders and opinions of the court from which judgment was obtained,\n   including the final judgment order;\n\n   4. The transcript of the debtor&#8217;s interrogatories, if conducted, or if\n   no transcript is available, a sworn affidavit affirming that debtor&#8217;s\n   interrogatories were conducted, or evidence that debtor&#8217;s\n   interrogatories were attempted if not conducted; a description of assets of\n   the judgment debtor disclosed in the debtor&#8217;s interrogatories; and a\n   description of all steps taken for the sale or application of those disclosed\n   assets in whole or partial satisfaction of the judgment, or a statement why no\n   means are legally available for the sale or application of those disclosed\n   assets, or a statement that the value of the disclosed assets is less than the\n   cost of levying upon and selling such assets including reasonable estimates of\n   the fair market value of the disclosed assets and costs of levying upon\n   selling such assets;\n\n   5. A statement of the balance of the judgment remaining unpaid at the time the\n   claim is submitted to the Department, and a statement that the claimant agrees\n   to notify the Department of any additional payment that may be received in\n   whole or partial satisfaction of the judgment during the pendency of the claim\n   before the Board; and\n\n   6. Any other documentary evidence or exhibits the claimant wishes the Board to\n   consider with the claim.\n\nB. The Department shall promptly consider the verified claim of the claimant\nadministratively. If the claim form is incomplete or not properly notarized, or\nif all required supporting documentation is not included with the claim, then\nthe Department may provide the claimant with notice of any deficiency and an\nadditional opportunity to submit a corrected verified claim. The burden shall be\non the claimant to comply with all claim requirements and to submit the\nnecessary documentation within 12 months of the initial claim submission. Once\nthe Department confirms that the verified claim is complete, it shall present\nsuch verified claim, along with a recommendation regarding payment, to the Board\nfor the Board&#8217;s consideration and shall notify the claimant of the\nBoard&#8217;s recommendation.\n\nC. The Department&#8217;s and Board&#8217;s consideration of the claim shall be\nbased solely on the contents of the verified claim. Neither an informal\nfact-finding conference pursuant to &#xA7; 2.2-4019 nor a formal hearing\npursuant to &#xA7; 2.2-4020 shall be required, unless requested by the claimant.\n\nD. A claimant shall not be denied recovery from the Fund due to the fact that\norder for judgment filed with the verified claim does not contain a specific\nfinding of &#8220;improper or dishonest conduct.&#8221; Any language in the\norder that supports the conclusion that the court found that the conduct of the\nregulant meets the definition of &#8220;improper or dishonest conduct&#8221; in\n&#xA7; 54.1-1118 shall be used by the Board to determine eligibility for\nrecovery from the Fund. To the extent the judgment order is silent as to the\ncourt&#8217;s findings on the conduct of the regulant, the Board may determine\nwhether the conduct of the regulant meets the definition of improper or\ndishonest conduct by substantial evidence in the verified claim.\n\nE. If the Board finds there has been compliance with the required conditions,\nthe Board shall issue a directive ordering payment from the fund to the claimant\nthe amount remaining unpaid on the judgment, subject to the limitations set\nforth in &#xA7; 54.1-1123. The claimant shall be notified in writing of the\nfindings of the Board. The Board&#8217;s findings shall be considered a\n&#8220;case decision&#8221; and judicial review of these findings shall be in\naccordance with &#xA7; 2.2-4025 of the Administrative Process Act (&#xA7;\n2.2-4000 et seq.). Notwithstanding any other provision of law, the Board shall\nhave the right to appeal a decision of any court which is contrary to any\ndistribution recommended or authorized by it.\n\nHISTORY: 1980, c. 635, \u00a7 54-145.3:4; 1984, c. 270; 1987, c. 555; 1988, c. 765;\n2006, c. 723; 2013, c. 343; 2017, c. 572.","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}}