                                 CODE OF VIRGINIA

APPEAL FROM ACTION FIXING FEES, ETC (§ 21-266)

From any action of the sanitation commission in prescribing fees, rents and
charges, or either of them, pursuant to the provisions of this chapter, an
appeal may be taken upon the petition of any county, city or town constituting a
part of the district, or upon petition of any fifty persons, resident or doing
business in the district, to the State Corporation Commission. At least sixty
days prior to filing such petition with the State Corporation Commission, such
county, city or town or interested parties shall notify the sanitation
commission of such intended petition and of the fees, rents and charges
complained of, in order that the sanitation commission may be afforded an
opportunity to make such changes in such fees, rents and charges as it shall
deem proper. After such petition shall have been filed with the State
Corporation Commission and after such county, city or town or other petitioners
shall have, if required by the State Corporation Commission, executed and filed
with the State Corporation Commission a bond payable to the Commonwealth and
sufficient in amount, but not in excess of $500, and security to insure the
prompt payment of all costs which may be assessed against such county, city or
town or other petitioners and after such county, city or town or other
petitioners shall have caused to be published in at least one newspaper,
designated by the State Corporation Commission and of general circulation within
the district, such notice of such appeal as shall be prescribed by the State
Corporation Commission, the State Corporation Commission is authorized to make
such examinations and studies, to hold such hearings as may be required, to
issue subpoenas requiring the attendance of witnesses and the production of
records, memoranda, papers and other documents before the State Corporation
Commission or any officer or agent thereof, to administer oaths and to take
testimony thereunder, and to fix in accordance with the provisions of this
chapter applicable to the sanitation commission, subject to the right of further
appeal by the sanitation commission or the interested parties to the Supreme
Court, such fees, rents and charges. In each such proceeding the State
Corporation Commission shall ascertain the costs incurred by it, including in
such costs actual expenses incurred and a fair apportionment of overhead
expenses, and shall assess the same against either the petitioner or
petitioners, or the sanitation commission, or shall apportion the costs between
the petitioner or petitioners and the sanitation commission, according to
principles applicable in courts of equity.

HISTORY: 1946, p. 355; Michie Suppl. 1946, § 1560iii7.