                                 CODE OF VIRGINIA

 DECISION OF DIRECTOR UPON PERMIT APPLICATION; HEARING; APPEAL (§ 45.2-1015)

A. The Director shall notify each applicant for a permit within a reasonable
time, as set forth in regulations, taking into account the time needed for
proper investigation of the site, the complexity of the permit application, and
written objections that have been filed, of his written decision to approve or
disapprove the application, in whole or in part, except that if an informal
hearing has been held pursuant to &#xA7; 45.2-1014, the Director shall issue to
the applicant and the parties to the hearing his written decision within 60 days
of such hearing.

B. If such application is approved, a permit shall be issued. If such
application is disapproved, specific reasons shall be given in the notification.
Within 30 days after the applicant is notified of the final decision of the
Director on such permit application, the applicant, or any person with an
interest that is or might be adversely affected, may request a hearing on the
reasons for the final determination. The Director shall hold a formal
adjudicatory hearing in accordance with the Administrative Process Act (&#xA7;
2.2-4000 et seq.) and within 30 days thereafter shall issue to the applicant and
every person who participated in the hearing the written decision of the
Director granting or denying the permit in whole or in part and stating the
reasons therefor. No person who presided at an informal hearing under &#xA7;
45.2-1014 shall preside at the formal adjudicatory hearing or participate in the
decision therein or any administrative appeal therefrom.

C. Where a hearing is requested pursuant to subsection B, the Director, under
such conditions as he prescribes, may grant temporary relief pending final
determination of the proceedings if:

   1. All parties to the proceeding have been notified and given an opportunity
   to be heard on any request for temporary relief;

   2. The person requesting such relief shows that there is a substantial
   likelihood that he will prevail on the merits of the final determination of
   the proceeding; and

   3. Such relief will not adversely affect the public health or safety or cause
   significant imminent environmental harm to land, air, or water resources.

D. Any applicant or person who has an interest that is or might be adversely
affected and has participated in the formal hearing as an objector who is
aggrieved by the decision of the Director or by the failure of the Director to
act within the time limits specified in this chapter has a right to judicial
review in accordance with the provisions of the Administrative Process Act
(&#xA7; 2.2-4000 et seq.).

HISTORY: 1979, c. 290, § 45.1-240; 1983, c. 92; 1986, c. 615; 2021, Sp. Sess.
I, c. 387.