                                 CODE OF VIRGINIA

ACTION OF COMMISSIONER ON SUCH APPLICATION; TRANSFER OF LICENSE OF DISABLED
VESSEL; DELEGATION OF AUTHORITY; APPEALS (§ 28.2-403)

A. If the Commissioner is satisfied that the disclosures required by &#xA7;
28.2-400 have been made and that the application conforms in other respects to
the provisions of that section or to &#xA7; 28.2-400.1, and upon payment of the
license fee specified in &#xA7; 28.2-402, the Commissioner, or the officer
through whom or in whose district the application was made, shall issue to the
applicant a license for each of the purse seines, vessels, or other watercraft
specified in the application. The license shall state the name of the licensee
and the name of the vessel or other watercraft licensed.
			If any vessel or other watercraft so licensed becomes disabled during the
period of such license, the licensee may, with the consent of the Commissioner,
hire or charter a vessel or other craft belonging to a nonresident to replace
the disabled one for the unexpired period of such license. In such a case, the
officer shall transfer the license issued for the disabled vessel or other craft
to the one so hired or chartered without requiring any additional license.

B. The Commissioner may delegate to the officers his authority under this
section. However, any person aggrieved by any action of an officer exercising
such delegated authority shall have the right to appeal to the Commissioner for
a review and correction of the actions of the officer. The appeal may be made by
mailing a statement of the officer&#8217;s action, together with the
appellant&#8217;s objections and the grounds for his objections, to the
Commissioner. Upon receipt of such appeal, the Commissioner shall immediately
notify the officer involved, who shall, within three days, deliver to the
Commissioner all papers in his possession concerning the subject matter of the
appeal, together with a written statement of and reasons for his actions. The
Commissioner shall issue his ruling granting, transferring, refusing, or
refusing to transfer the license within ten days after receipt by him of the
appeal.

HISTORY: Code 1950, §§ 28-64, 28-65; 1962, c. 406, § 28.1-62; 1992, c. 836;
2013, cc. 59, 760.