                                 CODE OF VIRGINIA

ACTION ON APPLICATIONS; HEARINGS ON DENIALS AND PROTESTS (§ 46.2-2005)

A. The Department may act upon any application required under this chapter for a
certificate of public convenience and necessity without a hearing, unless such
application is protested by any aggrieved party, except that no protest shall be
heard in such cases whereby the applicant has received a notice of intent to
award a contract under the Virginia Public Procurement Act (&#xA7; 2.2-4300 et
seq.) for irregular route common carrier service to or from a public-use airport
located in the City of Norfolk or the County of Henrico. Aggrieved parties may
protest an application by submitting written grounds to the Department setting
forth (i) a precise statement of the party&#8217;s interest and how the party
could be aggrieved if the application were granted; (ii) a full and clear
statement of the facts that the person is prepared to provide by competent
evidence; (iii) a statement of the specific relief sought; (iv) the case number
assigned to the application; and (v) a certification that a copy of the protest
was sent to the applicant.

B. The Department may act upon any application required under this chapter for a
license or certificate of fitness without a hearing, unless such application is
protested by any party based upon fitness allegations. Parties may protest an
application by submitting written grounds to the Department setting forth (i) a
precise statement of the party&#8217;s objections to the application being
granted; (ii) a full and clear statement of the facts that the person is
prepared to provide by competent evidence; (iii) the case number assigned to the
application; and (iv) a certification that a copy of the protest was sent to the
applicant. The Department shall have full discretion as to whether a hearing is
warranted based on the merits of any protest filed.

C. Any applicant denied without a hearing an original license, permit, or
certificate under subsection A or B of this section or subsection B of &#xA7;
46.2-2001.1, or any request for a transfer of such a license or certificate,
shall be given a hearing at a time and place determined by the Commissioner or
his designee upon the applicant&#8217;s written request for such hearing made
within 30 days of denial.

HISTORY: Code 1950, § 56-279; 1995, cc. 744, 803; 2001, c. 596; 2002, cc. 681,
734, 870; 2011, cc. 424, 881, 889; 2013, cc. 165, 582.