2.2-4028 - Intermediate relief. - Virginia Statutes

§ 2.2-4028. Intermediate relief.

When judicial review is instituted or is about to be, the agency concernedmay, on request of any party or its own motion, postpone the effective dateof the regulation or decision involved where it deems that justice sorequires. Otherwise the court may, on proper application and with or withoutbond, deposits in court, or other safeguards or assurances as may besuitable, issue all necessary and appropriate process to postpone theeffective dates or preserve existing status or rights pending conclusion ofthe review proceedings if the court finds the same to be required to preventimmediate, unavoidable, and irreparable injury and that the issues of law orfact presented are not only substantial but that there is probable cause forit to anticipate a likelihood of reversible error in accordance with §2.2-4027. Actions by the court may include (i) the stay of operation ofagency decisions of an injunctive nature or those requiring the payment ofmoney or suspending or revoking a license or other benefit and (ii)continuation of previous licenses in effect until timely applications forrenewal are duly determined by the agency.

(1975, c. 503, § 9-6.14:18; 2001, c. 844.)