                                 CODE OF VIRGINIA

APPEALS (§ 51.1-1135.1)

The Board may elect to develop an alternative to the process set forth in the
Administrative Process Act (§ 2.2-4000 et seq.) to allow appeals of case
decisions related to the payment of disability benefits under this chapter. This
alternative process shall be modeled after the claims provisions as provided for
in the federal Employee Retirement Income Security Act of 1974, as amended, and
shall (i) provide for adequate notice in writing to any participant whose claim
for benefits has been denied setting forth the specific reasons for such denial,
and (ii) afford a reasonable opportunity to any participant whose claim for
benefits has been denied for a review of the decision denying the claim.
Articles 3 (§ 2.2-4018 et seq.) and 4 (§ 2.2-4024) of the Administrative
Process Act shall not apply to any portion of this alternative appeals process.
However, any person aggrieved by, and claiming the unlawfulness of, a final case
decision issued pursuant to this alternative appeals process, whether issued by
the Board or by the Board&#8217;s delegate, shall have a right to seek judicial
review thereof. Such judicial review shall be in accordance with Article 5 (§
2.2-4025 et seq.) of the Administrative Process Act.

HISTORY: 1999, c. 144; 2000, c. 889; 2001, c. 694; 2005, c. 473.