                                 CODE OF VIRGINIA

APPEALS GENERALLY (§ 3.2-3217)

A. Any person affected by and claiming the unlawfulness of any regulation of the
Commission, or person aggrieved by and claiming the unlawfulness of a case
decision or an order of the Commission may appeal to the Circuit Court where the
principal office of the Commission is located. Except as otherwise provided in
this section, Article 5 (&#xA7; 2.2-4025 et seq.) of the Administrative Process
Act shall govern such appeal.

B. Upon filing of its pleadings by the Commission the cause shall be matured for
hearing, and upon application of either party, the cause shall be placed at the
head of the docket and heard forthwith.

C. Mere technical irregularities in the procedure of the Commission shall not be
the basis of the decision of the court. In an appeal from an order or decision
of the Commission, the case shall be heard upon the record certified to the
court by the Commission. Additional testimony shall not be taken before the
court, except to clarify the record or to introduce evidence as to the effect of
the order upon the business of parties to the record below, or of producers
standing in the same position as producer parties of record, but the court may,
in proper cases, remand the record of the Commission for the taking of such
further testimony as was not available upon the hearing appealed from, or such
other testimony as the court shall provide may be taken. No part of the record,
containing verbal or documentary evidence, shall be disregarded by courts
because of technical rules of evidence.

HISTORY: Code 1950, §§ 3-369, 3-371; 1966, c. 702, §§ 3.1-448, 3.1-450;
1996, c. 573; 2008, c. 860.