HB 2370 — Administrative Process Act; reconsideration of an agency's final decision, etc.

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2370 OfferedAMENDMENT JanuaryIN 16,THE 2017NATURE OF A SUBSTITUTE (Proposed by the House Committee on General Laws on February 2, 2017) (Patron Prior to Substitute--Delegate Head) A BILL to amend and reenact §§§ 2.2-4023.1 and 2.2-4028 of the Code of Virginia, relating to Administrative Process Act;

---------- Patron-- Head ---------- Referred to Committee on General Laws ---------- Be it enacted by the General Assembly of Virginia:

That §§§ 2.2-4023.1 and 2.2-4028 of the Code of Virginia areis amended and reenacted as follows:

A party may file a petition for reconsideration of an agency's final decision made pursuant to § 2.2-4019 or 2.2-4020.

AIf timelya filedperson applying for a permit, certificate, or license from any agency or a person who has received written notice of a potential violation from an agency files a petition for reconsiderationreconsideration, shalla nottimely filed petition shall suspend the execution of the agency decision nor and toll the time for filing a notice of appeal under Rule 2A:2 of the Rules of Supreme Court of Virginia,Virginia. unless the agency provides for suspension of its decision when it grants a petition for reconsideration.

A timely filed petition for reconsideration by any other party shall not suspend the execution of the agency decision nor toll the time for filing a notice of appeal under Rule 2A:2 of the Rules of Supreme Court of Virginia, unless the agency provides for suspension of its decision when it grants a petition for reconsideration.

§ 2.2-4028.

Intermediate relief.

When judicial review is instituted or is about to be, the agency concerned may shall, on request of any party or its own motion, postpone the effective date of the regulation or decision involved where it deems that justice so requires.

Otherwise the court may, on proper application and with or without bond, deposits in court, or other safeguards or assurances as may be suitable, issue all necessary and appropriate process to postpone the effective dates or preserve existing status or rights pending conclusion of the review proceedings if the court finds the same to be required to prevent immediate, unavoidable, and irreparable injury and that the issues of law or fact presented are not only substantial but that there is probable cause for it to anticipate a likelihood of reversible error in accordance with § 2.2-4027.

Actions by the court may include (i) the stay of operation of agency decisions of an injunctive nature or those requiring the payment of money or suspending or revoking a license or other benefit and (ii) the continuation of previous licenses in effect until timely applications for renewal are duly determined by the agency.