54.1-1122 - Consideration of applications for payment. - Virginia Statutes

§ 54.1-1122. Consideration of applications for payment.

A. The Department shall promptly consider the verified claim of the claimantadministratively. If it appears that a prima facie case has been made forpayment of the claim, the Department shall provide the regulant with a noticeoffering the opportunity to be heard at an informal fact-finding conferencepursuant to § 2.2-4019 of the Administrative Process Act (§ 2.2-4000, etseq.). Such notice shall state that if the regulant does not request aninformal fact-finding conference within 30 days, with three days added ininstances where the notice is sent by mail, the Department shall present theclaim to the Board with a recommendation to pay the verified claim.

B. If the Board finds there has been compliance with the required conditions,the Board shall issue a directive ordering payment from the fund to theclaimant the amount remaining unpaid on the judgment, subject to thelimitations set forth in § 54.1-1123. The claimant shall be notified inwriting of the findings of the Board. The Board's findings shall beconsidered a "case decision" and judicial review of these findings shall bein accordance with § 2.2-4025 of the Administrative Process Act (§ 2.2-4000et seq.). Notwithstanding any other provision of law, the Board shall havethe right to appeal a decision of any court which is contrary to anydistribution recommended or authorized by it.

(1980, c. 635, § 54-145.3:4; 1984, c. 270; 1987, c. 555; 1988, c. 765; 2006,c. 723.)