2.2-4365 - Administrative appeals procedure. - Virginia Statutes

§ 2.2-4365. Administrative appeals procedure.

A. A public body may establish an administrative procedure for hearing (i)protests of a decision to award or an award, (ii) appeals from refusals toallow withdrawal of bids, (iii) appeals from disqualifications anddeterminations of nonresponsibility, and (iv) appeals from decisions ondisputes arising during the performance of a contract, or (v) any of these.Such administrative procedure shall provide for a hearing before adisinterested person or panel, the opportunity to present pertinentinformation and the issuance of a written decision containing findings offact. The disinterested person or panel shall not be an employee of thegovernmental entity against whom the claim has been filed. The findings offact shall be final and conclusive and shall not be set aside unless the sameare (a) fraudulent, arbitrary or capricious; (b) so grossly erroneous as toimply bad faith; or (c) in the case of denial of prequalification, thefindings were not based upon the criteria for denial of prequalification setforth in subsection B of § 2.2-4317. No determination on an issue of lawshall be final if appropriate legal action is instituted in a timely manner.

B. Any party to the administrative procedure, including the public body,shall be entitled to institute judicial review if such action is broughtwithin thirty days of receipt of the written decision.

(1982, c. 647, § 11-71; 1994, cc. 660, 918; 2001, c. 844.)