                                 CODE OF VIRGINIA

ADMINISTRATIVE APPEALS PROCEDURE (§ 2.2-4365)

A. A public body may establish an administrative procedure for hearing (i)
protests of a decision to award or an award, (ii) appeals from refusals to allow
withdrawal of bids, (iii) appeals from disqualifications and determinations of
nonresponsibility, and (iv) appeals from decisions on disputes arising during
the performance of a contract, or (v) any of these. Such administrative
procedure shall provide for a hearing before a disinterested person or panel,
the opportunity to present pertinent information and the issuance of a written
decision containing findings of fact. The disinterested person or panel shall
not be an employee of the governmental entity against whom the claim has been
filed. The findings of fact shall be final and conclusive and shall not be set
aside unless the same are (a) fraudulent, arbitrary or capricious; (b) so
grossly erroneous as to imply bad faith; or (c) in the case of denial of
prequalification, the findings were not based upon the criteria for denial of
prequalification set forth in subsection B of &#xA7; 2.2-4317. No determination
on an issue of law shall be final if appropriate legal action is instituted in a
timely manner.

B. Any party to the administrative procedure, including the public body, shall
be entitled to institute judicial review if such action is brought within thirty
days of receipt of the written decision.

HISTORY: 1982, c. 647, § 11-71; 1994, cc. 660, 918; 2001, c. 844.