Administrative Code

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Virginia Administrative Code
Title 24. Transportation And Motor Vehicles
Agency 35. Commission On The Virginia Alcohol Safety Action Program
Chapter 40. Certification Requirements Manual

24VAC35-40-70. Final certification decision.

The executive director shall file with the commission a report which details the certification reviews conducted since the last commission meeting. The commission shall review the document presented and make a certification decision. The executive director shall notify in writing the director and the policy board chairperson of each ASAP reviewed of the commission's decision.

The commission may certify, revoke certification or decline to certify an ASAP.

If the commission fails to certify or revokes an ASAP's certification, the commission may establish a new ASAP.

The commission's certification decision shall be sent to the ASAP director, the ASAP policy board chairman, political subdivisions, and the courts the ASAP serves or would serve.

In the event of certification disputes with the certification review team, or the denial of a request for waiver of certification requirements by the executive director, the ASAP director may request a hearing before the commission. The request for the hearing must be in written form from the ASAP director and submitted to the commission 30 thirty days prior to the next regularly scheduled meeting of the commission. Upon receipt of a written request, the commission or its designee shall schedule a hearing.

Failure to file such a request or to appear as scheduled shall be deemed a settlement of the certification dispute or acceptance of the executive director's waiver decision.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-04 § 2.6, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

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