                                 CODE OF VIRGINIA

APPEAL FROM DECISION OF DEPARTMENT (§ 10.1-1318)

A. Any owner aggrieved by a final decision of the Department under &#xA7;
10.1-1309, &#xA7; 10.1-1322 or subsection D of &#xA7; 10.1-1307 is entitled to
judicial review thereof in accordance with the provisions of the Administrative
Process Act (&#xA7; 2.2-4000 et seq.).

B. Any person who has participated, in person or by submittal of written
comments, in the public comment process related to a final decision of the
Department under &#xA7; 10.1-1322 and who has exhausted all available
administrative remedies for review of the Department&#8217;s decision, shall be
entitled to judicial review of the Department&#8217;s decision in accordance
with the provisions of the Administrative Process Act (&#xA7; 2.2-4000 et seq.)
if such person meets the standard for obtaining judicial review of a case or
controversy pursuant to Article III of the United States Constitution. A person
shall be deemed to meet such standard if (i) such person has suffered an actual
or imminent injury which is an invasion of a legally protected interest and
which is concrete and particularized; (ii) such injury is fairly traceable to
the decision of the Board and not the result of the independent action of some
third party not before the court; and (iii) such injury will likely be redressed
by a favorable decision by the court.

HISTORY: 1971, Ex. Sess., c. 91, § 10-17.23:2; 1986, c. 615; 1988, c. 891;
1993, c. 997; 1996, c. 1032; 2022, c. 356.