                                 CODE OF VIRGINIA

ADDITIONAL POWERS; MEDIATION; ALTERNATIVE DISPUTE RESOLUTION; CONFIDENTIALITY
(§ 4.1-605)

A. As used in this section:
			&#8220;Appropriate case&#8221; means any alleged license or permit violation
or objection to the application for a license or permit in which it is apparent
that there are significant issues of disagreement among interested persons and
for which the Board finds that the use of a mediation or dispute resolution
proceeding is in the public interest.
			&#8220;Dispute resolution proceeding&#8221; means the same as that term is
defined in &#xA7; 8.01-576.4.
			&#8220;Mediation&#8221; means the same as that term is defined in &#xA7;
8.01-576.4.
			&#8220;Neutral&#8221; means the same as that term is defined in &#xA7;
8.01-576.4.

B. The Board may use mediation or a dispute resolution proceeding in appropriate
cases to resolve underlying issues or reach a consensus or compromise on
contested issues. Mediation and other dispute resolution proceedings as
authorized by this section shall be voluntary procedures that supplement, rather
than limit, other dispute resolution techniques available to the Board.
Mediation or a dispute resolution proceeding may be used for an objection to the
issuance of a license or permit only with the consent of, and participation by,
the applicant for a license or permit and shall be terminated at the request of
such applicant.

C. Any resolution of a contested issue accepted by the Board under this section
shall be considered a consent agreement as provided in &#xA7; 4.1-604. The
decision to use mediation or a dispute resolution proceeding is in the
Board&#8217;s sole discretion and shall not be subject to judicial review.

D. The Board may adopt rules and regulations, in accordance with the
Administrative Process Act (&#xA7; 2.2-4000 et seq.), for the implementation of
this section. Such rules and regulations may include (i) standards and
procedures for the conduct of mediation and dispute resolution proceedings,
including an opportunity for interested persons identified by the Board to
participate in the proceeding; (ii) the appointment and function of a neutral to
encourage and assist parties to voluntarily compromise or settle contested
issues; and (iii) procedures to protect the confidentiality of papers, work
products, or other materials.

E. The provisions of &#xA7; 8.01-576.10 concerning the confidentiality of a
mediation or dispute resolution proceeding shall govern all such proceedings
held pursuant to this section except where the Board uses or relies on
information obtained in the course of such proceeding in granting, suspending,
restricting, or revoking a license or permit, or in accepting payment of a civil
penalty or investigative costs. Consent agreements shall be signed by all
parties and shall include provisions regarding whether the terms of the consent
agreement are confidential.

HISTORY: 2021, Sp. Sess. I, cc. 550, 551; 2023, cc. 740, 773.