                                 CODE OF VIRGINIA

ACTION ON APPLICATIONS; HEARINGS ON DENIALS AND PROTESTS (§ 46.2-2109)

A. The Department may act upon any application required under this chapter
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.

B. Any applicant denied without a hearing an original certificate of fitness
under subsection A 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 thirty days of denial.

HISTORY: Code 1950, § 56-338.11; 1995, cc. 744, 803; 2001, c. 596; 2002, c.
870; 2011, cc. 881, 889; 2017, cc. 790, 815.