CODE OF VIRGINIA

SUMMARY CASE DECISIONS (§ 2.2-4020.1)

A. Any person who has (i) applied for a permit, certificate, or license from an
agency or (ii) received written notice of a potential violation from an agency
may request a summary case decision from the agency. The request for a summary
case decision shall be in writing, signed by or on behalf of the requestor, and
be submitted to the agency secretary as defined by the Rules of the Supreme
Court of Virginia. The request shall include:

   1.  A statement that no material facts are in dispute;

   2.  A proposed stipulation of all such undisputed material facts concerning
   the application or notice;

   3.  A clear and concise statement of the questions of law to be decided by
   summary case decision; and

   4.  A statement that the requestor waives his right to any other
   administrative proceeding provided in this article by the agency on the
   questions of law to be decided by summary case decision.

B. Within 21 days of receipt of a complete request for summary case decision,
the agency shall determine whether the matter in dispute properly may be decided
by summary case decision and shall promptly notify the requestor of its
determination in writing. If a request for summary case decision is not
complete, the agency may request additional specific information from the
requestor. The agency shall decide the matter by summary case decision if it
determines that there are no disputed issues of material fact. However, if (i)
an informal fact-finding proceeding as provided in § 2.2-4019, a formal hearing
as provided in § 2.2-4020, or other proceeding authorized by the agency’s
basic law concerning the application or notice has been scheduled, the requestor
has been notified, and the issues that are the subject of such proceeding or
hearing include questions that are the subject of the request for summary case
decision or (ii) the matter must be decided through any public participation
requirements under this chapter or the agency’s basic law, the agency
shall not be required to decide the matter by summary case decision.

C. Denial of a request for summary case decision shall not be subject to
judicial review in accordance with this chapter and the Rules of the Supreme
Court of Virginia, and shall not prejudice any rights the requestor has or may
have under this chapter or the agency’s basic law. Nothing in this article
shall prevent an agency from consolidating the summary case decision proceeding
into, or proceeding with, a separate informal fact-finding proceeding, formal
hearing, or other proceeding authorized by the agency’s basic law
concerning the matter in question.

D. Upon granting a request for summary case decision, the agency shall establish
a schedule for the parties to submit briefs on the questions of law in dispute
and may, by agreement of the parties, provide for oral argument.

E. All decisions or recommended decisions shall be served on the requestor,
become a part of the record, and briefly state or recommend the findings,
conclusions, reasons, or basis therefor upon the evidence contained in the
record and relevant to the basic law under which the agency is operating,
together with the appropriate order, license, grant of benefits, sanction,
relief, or denial thereof.

HISTORY: 2006, c. 702.