                                 CODE OF VIRGINIA

 APPEALS OF THE DIRECTOR&#8217;S DECISIONS; NOTICES; HEARINGS AND ORDERS (§
45.2-1625)

A. With the exception of an aggrieved permit applicant, no person shall have
standing to appeal a decision of the Director to the Board concerning a new
permit application unless such person has previously filed an objection with the
Director pursuant to the provisions of &#xA7; 45.2-1637.

B. When a person applies for a hearing to appeal a decision of the Director to
the Board, the Board shall, at least 20 days prior to the hearing, give notice
by certified mail, return receipt requested, to the person making the appeal
and, if different, to the gas or oil operator subject to the appeal.

C. Upon submittal of the petition for appeal of a decision of the Director to
the Board, the Director shall forward to the Board (i) the permit application or
order and associated documents; (ii) all required notices; and (iii) the written
objections, proposals, and claims recorded during the informal fact-finding
hearing.

D. In any appeal involving a permit for a new well that was objected to (i)
pursuant to the provisions of &#xA7; 45.2-1611 or 45.2-1612 or (ii) by a gas
storage field operator who asserts that the proposed well work will adversely
affect the operation of a gas storage field certificated by the State
Corporation Commission, the filing of a petition for appeal shall stay any
permit until the case is decided by the Board or the stay is dissolved by a
court of record. However, in an appeal by a gas storage field operator, such
automatic stay shall not apply to any oil, gas, or coalbed methane well
completed more than 100 feet above the cap rock above the storage stratum. In
any other appeal, the Director may order the permit or other decision stayed for
good cause shown until the case is decided by the Board or the stay is dissolved
by a court of record. An appeal based on an alleged risk of danger to any person
not engaged in the gas or oil operations shall be prima facie proof of good
cause for a stay.

E. The Board shall conduct all hearings under this section in accordance with
the formal litigated issues hearing provisions of Article 3 (&#xA7; 2.2-4018 et
seq.) of the Administrative Process Act. However, any person to whom notice is
required to be given pursuant to subsection B shall have standing to be heard at
the hearing. The Board shall render its decision on such appeals within 30 days
of the hearing&#8217;s closing date and shall provide notification of its
decision to all parties pursuant to the provisions of the Administrative Process
Act (&#xA7; 2.2-4000 et seq.).

HISTORY: 1990, c. 92, § 45.1-361.23; 1997, c. 759; 2021, Sp. Sess. I, c. 387.