63.2-1304 - Appeal to Commissioner regarding adoption assistance. - Virginia Statutes

§ 63.2-1304. Appeal to Commissioner regarding adoption assistance.

Any applicant for or recipient of adoption assistance aggrieved by anydecision of a local board or licensed child-placing agency in granting,denying, changing or discontinuing adoption assistance, may, within 30 daysafter receiving written notice of such decision, appeal therefrom to theCommissioner. Any applicant or recipient aggrieved by the failure of thelocal board or licensed child-placing agency to make a decision within areasonable time may ask for review by the Commissioner. The Commissioner maydelegate the duty and authority to duly qualified hearing officers toconsider and make determinations on any appeal or review. The Commissionershall provide an opportunity for a hearing, reasonable notice of which shallbe given in writing to the applicant or recipient and to the proper localboard in such manner and form as the Commissioner may prescribe. TheCommissioner may make or cause to be made an investigation of the facts. TheCommissioner shall give fair and impartial consideration to the testimony ofwitnesses, or other evidence produced at the hearing, reports ofinvestigation of the local board and local director or licensed child-placingagency or of investigations made or caused to be made by the Commissioner, orany facts that the Commissioner may deem proper to enable him to decidefairly the appeal or review. The decision of the Commissioner shall bebinding and considered a final agency action for purposes of judicial reviewof such action pursuant to the provisions of the Administrative Process Act(§ 2.2-4000 et seq.).

(2003, c. 467.)