                                 CODE OF VIRGINIA

RECONSIDERATION (§ 2.2-4023.1)

A. A party may file a petition for reconsideration of an agency&#8217;s final
decision made pursuant to &#xA7; 2.2-4020. The petition shall be filed with the
agency not later than 15 days after service of the final decision and shall
state the specific grounds on which relief is requested. The petition shall
contain a full and clear statement of the facts pertaining to the reasons for
reconsideration, the grounds in support thereof, and a statement of the relief
desired. A timely filed petition for reconsideration shall not suspend the
execution of the agency decision nor toll the time for filing a notice of appeal
under Rule 2A:2 of the Rules of Supreme Court of Virginia, unless the agency
provides for suspension of its decision when it grants a petition for
reconsideration. The failure to file a petition for reconsideration shall not
constitute a failure to exhaust all administrative remedies.

B. The agency shall render a written decision on a party&#8217;s timely petition
for reconsideration within 30 days from receipt of the petition for
reconsideration. Such decision shall (i) deny the petition, (ii) modify the case
decision, or (iii) vacate the case decision and set a new hearing for further
proceedings. The agency shall state the reasons for its action.

C. If reconsideration is sought for the decision of a policy-making board of an
agency, such board may (i) consider the petition for reconsideration at its next
regularly scheduled meeting; (ii) schedule a special meeting to consider and
decide upon the petition within 30 days of receipt; or (iii) notwithstanding any
other provision of law, delegate authority to consider the petition to either
the board chairman, a subcommittee of the board, or the director of the agency
that provides administrative support to the board, in which case a decision on
the reconsideration shall be rendered within 30 days of receipt of the petition
by the board.

D. Denial of a petition for reconsideration shall not constitute a separate case
decision and shall not on its own merits be subject to judicial review. It may,
however, be considered by a reviewing court as part of any judicial review of
the case decision itself.

E. The agency may reconsider its final decision on its own initiative for good
cause within 30 days of the date of the final decision. An agency may develop
procedures for reconsideration of its final decisions on its own initiative.

F. Notwithstanding the provisions of this section, (i) any agency may promulgate
regulations that specify the scope of evidence that may be considered by such
agency in support of any petition for reconsideration and (ii) any agency that
has statutory authority for reconsideration in its basic law may respond to
requests in accordance with such law.

HISTORY: 2016, c. 694.