11VAC5-20-160. Procedure for appealing a licensing decision.
A. Upon receiving a notice that (i) an application for a license or the renewal of a license has been denied by the director, or (ii) the director intends to or has already taken action to suspend or revoke a current license, the applicant or licensed retailer may appeal by filing a written notice of appeal requesting a conference on the licensing action. The notice of appeal shall be submitted within 30 days of receipt of the notice of the licensing action.
1. Notice of licensing action is sent via email through document-signing software as the primary notification to the email provided on the application. Secondary notification is sent via signature-required common carrier to the last known address of the applicant or licensed retailer. The "last known address" means the address shown on the application of an applicant or licensed retailer unless a more current address has been provided to the agency by the applicant or licensed retailer.
2. The notice of appeal will be timely if it is received within 30 days of the date of the email notification or bears a signature-required common carrier date stamp that is within 30 days of the date of the secondary mailed notice prescribed in subdivision 1 of this subsection.
B. A notice of appeal may be mailed or hand delivered to the director at the Virginia Lottery headquarters office.
1. A notice of appeal delivered by hand will be timely only if received at the headquarters of the Virginia Lottery within the time allowed by subsection A of this section.
2. Delivery to any other Virginia Lottery office or to lottery sales personnel by hand or by mail is not sufficient.
3. The appellant assumes full responsibility for the method chosen to file the notice of appeal.
C. The notice of appeal shall state:
1. The decision of the director that is being appealed;
2. The legal and factual basis for the appeal;
3. The retailer's license number or sufficient information identifying the denied applicant; and
4. Any additional information the appellant may wish to include concerning the appeal.
Statutory Authority
§ 58.1-4007 of the Code of Virginia.
Historical Notes
Derived from VR447-01-2 § 3.5, eff. December 1, 1988; amended, Virginia Register Volume 6, Issue 6, eff. January 17, 1990; Volume 7, Issue 13, eff. April 24, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 13, Issue 3, eff. November 28, 1996; Volume 19, Issue 15, eff. May 7, 2003; Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014; Volume 42, Issue 10, eff. February 12, 2026.