45.1-240 - Decision of Director upon permit application; hearing; appeal. - Virginia Statutes

§ 45.1-240. Decision of Director upon permit application; hearing; appeal.

A. The Director shall notify the applicant for a permit within a reasonabletime, as set forth in regulations, taking into account the time needed forproper investigation of the site, the complexity of the permit application,and such written objections as may have been filed, of his written decisionto approve or disapprove the application, in whole or in part, except that ifan informal hearing has been held pursuant to § 45.1-239, the Director shallissue to the applicant and the parties to the hearing his written decisionwithin sixty days of such hearings.

B. If the application is approved the permit shall be issued. If theapplication is disapproved, specific reasons therefor shall be set forth inthe notification. Within thirty days after the applicant is notified of thefinal decision of the Director on the permit application, the applicant, orany person with an interest which is or may be adversely affected, mayrequest a hearing on the reasons for the final determination. The Directorshall hold a formal adjudicatory hearing in accordance with theAdministrative Process Act (§ 2.2-4000 et seq.), and within thirty daysthereafter issue to the applicant and all persons who participated in thehearing the written decision of the Director granting or denying the permitin whole or in part and stating the reasons therefor. No person who presidedat an informal hearing under § 45.1-239 shall preside at the formaladjudicatory hearing or participate in the decision therein or anyadministrative appeal therefrom.

C. Where a hearing is requested pursuant to subsection B herein, theDirector, under such conditions as he may prescribe, may grant such temporaryrelief as he deems appropriate pending final determination of the proceedingsif:

1. All parties to the proceeding have been notified and given an opportunityto be heard on a request for temporary relief;

2. The person requesting such relief shows that there is a substantiallikelihood that he will prevail on the merits of the final determination ofthe proceeding; and

3. Such relief will not adversely affect the public health or safety or causesignificant imminent environmental harm to land, air or water resources.

D. Any applicant, or any person with an interest which is or may be adverselyaffected and who has participated in the formal hearing as an objector,aggrieved by the decision of the Director or by the failure of the Directorto act within the time limits specified in this chapter shall have a right tojudicial review in accordance with the provisions of the AdministrativeProcess Act (§ 2.2-4000 et seq.).

(1979, c. 290; 1983, c. 92; 1986, c. 615.)