Administrative Code

Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
1/25/2020

Chapter 230. Procedural Rule No. 1 - Public and Formal Hearing Procedures

9VAC25-230-10. Purpose.

The following rules set forth the administrative procedures for informal hearings, which these rules call "public" hearings, and formal hearings. These hearings may be convened for diverse purposes, including the issuance, denial, modification or revocation of National Pollutant Discharge Elimination System (NPDES) permits and other certificates issued by the State Water Control Board (Board) pursuant to §§ 62.1-44.15(5), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia. These rules do not supplant, revoke or amend any provisions of the State Water Control Law, the State Water Control Board's Regulation No. 6 (NPDES permits), the board's procedures for the issuance, modification or revocation of state no-discharge certificates (Procedural Rule No. 3, 9VAC25-210-10 et seq., also called "Rule No. 3"). Rather these provisions supplement the Law, Regulation No. 6 and Procedural Rules Nos. 2 and 3 by coordinating the requirements for administrative hearings contained therein with the general administrative hearing procedures contemplated by the Administrative Process Act [§§ 9-6.14:1 et seq. of the Code of Virginia]. These rules are adopted under § 62.1-44.15(7) of the Code of Virginia.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.01, eff. June 10, 1980.

9VAC25-230-20. Definitions.

For the purpose of this Rule No. 1, the definitions contained in § 6.3 of Regulation No. 6 and in § 62.1-44.3 of the Code of Virginia apply. In addition, the following terms shall have the following meanings:

"Permit" means any NPDES permit, state no-discharge certificate, or other permit or certificate issued by the board pursuant to §§ 62.1-44.15(5), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 or 62.1-44.19, and includes certifications pursuant to 33 USC § 1341, or subsequent enactments or amendments of any of the foregoing.

"Executive secretary" means the executive secretary of the board or his designee.

"Subordinate" means (i) one or more, but less than a quorum, of the members of the board, (ii) one or more employees or members of the staff of the board, or (iii) any other person or persons designated by the board to act in its behalf.

"Law" and "Water Control Law" mean the Virginia State Water Control Law as found in Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.02, eff. June 10, 1980.

9VAC25-230-30. Public hearings.

A public hearing is an informal fact-finding proceeding, under 9-6.14:11 of the Code of Virginia and the Water Control Law and this rule, held to afford interested persons an opportunity to submit factual data, argument and proof to the board.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.10, eff. June 10, 1980.

9VAC25-230-40. Requests for public hearing.

A. Following the initial publication of notice, pursuant to § 6.32 or § 6.72 of Regulation No. 6, § 2.06 of Procedural Rule No. 2, or § 3.06 of Procedural Rule No. 3 (9VAC25-240-50), of the application for or tentative determination by the board to issue or deny a permit, or to modify or revoke an existing permit, the executive secretary will receive written requests for a public hearing to reconsider or contest such application or tentative determination and, if applicable, the terms and conditions thereof. The applicant or permittee or any person may submit such a request within the period provided by § 2.06 of Rule No. 2, § 3.07 of Rule No. 3 (9VAC25-240-60), or § 6.36 of Regulation No. 6.

B. Requests for a public hearing shall contain the following information:

1. The name, mailing address and telephone number of the requester;

2. The names and addresses of all persons for whom the requester is acting as a representative (for the purposes of this requirement, an unincorporated association is a person);

3. The reason why a hearing is requested;

4. A brief, informal statement setting forth the factual nature and the extent of the interest of the requester or of the persons for whom the requester is acting as representative in the application or tentative determination, including an explanation of how and to what extent such interest would be directly and adversely affected by the issuance, denial, modification, or revocation of the permit in question; and

5. Where possible, specific references to the terms and conditions of the permit in question, together with suggested revisions and alterations of those terms and conditions which the requester considers are needed to conform the permit to the intent and provisions of the Water Control Law.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.11, eff. June 10, 1980.

9VAC25-230-50. Disposition of requests for public hearing.

A. The executive secretary shall review all timely requests for public hearing filed in accordance with the provisions of 9VAC25-230-40, and within 30 calendar days following the expiration of the time period for the submission of requests shall grant a public hearing if he finds the following:

1. That there is a significant public interest in the issuance, denial, modification or revocation of the permit in question; and

2. That there are substantial, disputed issues relevant to the issuance, denial, modification or revocation of the permit in questions; and

3. That the action requested is not on its face inconsistent with, or in violation of, the Water Control Law, federal law or any regulation promulgated thereunder; or

4. That a public hearing is required by statute.

B. The executive secretary shall, forthwith, notify by mail, by electronic or postal delivery, at his last known address (i) each requester and (ii) the applicant or permittee of his decision to convene or deny a public hearing.

C. If the executive secretary determines to hold a public hearing, he shall schedule the hearing at a time between 30 and 60 days after mailing of the notice required by 9VAC25-230-50 B.

D. The executive secretary shall cause notice of a public hearing under Regulation 6 to be published as required by § 6.37. The executive secretary shall cause notice of any public hearing under Rule No. 2 or Rule No. 3, (9VAC25-240-10 et seq.) to be published as follows:

1. A notice of the hearing shall be published once, in a newspaper of general circulation in the city or county where the facility or operation that is the subject of the permit or permit application is located, at least 30 days before the hearing date.

2. The notices mailed under 9VAC25-230-50B and published under 9VAC25-230-50D 1 shall contain the information specified in § 2.06 or 9VAC25-240-50, as appropriate, except that in the description of procedures for final determinations, the procedures for requesting a public hearing shall be replaced by a brief statement of the public hearing procedures and the issues upon which comment will be received.

E. In matters not related to the issuance, denial, modification, or revocation of a permit, the executive secretary may schedule public hearing upon his own motion in any location and upon any notice permitted by law.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.12, eff. June 10, 1980; amended, Virginia Register Volume 29, Issue 24, eff. September 1, 2013.

9VAC25-230-60. Rights of parties to public hearing.

A. The applicant or permittee shall be a party to the public hearing. All other persons who desire to submit written or oral factual data argument or proofs may do so, subject to the terms of the hearing notice and the applicable provisions of this section.

B. For the purposes of the public hearing, parties have those rights enumerated in § 9-6.14:11 of the Code of Virginia.

C. Oral cross-examination will not be permitted, but any person may submit written questions to the hearing officer, who, subject to his ruling as to their relevance and propriety, will propound them to the witness.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.13, eff. June 10, 1980.

9VAC25-230-70. When public hearings may be dispensed with; continuances.

A. Where no person other than the applicant or permittee has submitted a request that makes the showing required by 9VAC25-230-50 A, and where no hearing is required by statute, the executive secretary, on his own motion or on the motion of the applicant or permittee, may dispense with the public hearing.

B. The executive secretary, may, on his own motion or at the request of a party, for good cause shown, reschedule the date of the public hearing. In the event the executive secretary reschedules the date for the public hearing after notice has been published, he shall cause the public notice to be republished to reflect the new date of the public hearing.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.14, eff. June 10, 1980.

9VAC25-230-80. Public hearing procedures.

A. Public hearings held pursuant to these procedures may be conducted by the full board at a regular or special meeting of that body, and the chairman or his designated subordinate shall preside a hearing officer. Hearings may be held before less than the full board, but shall be conducted by at least one board member designated by the chairman. The board member conducting such hearing may preside as hearing officer or may designate a subordinate as hearing officer.

The venue for public hearings is prescribed by § 9-6.14:5 of the Code of Virginia, except that venue for hearings for revocation or amendment of a certificate is governed by § 62.1-44.26 of the Code of Virginia.

B. The hearing officer shall have the authority to maintain order, preserve the impartiality of the decision process, and conclude the hearing process expeditiously. He shall hold all powers necessary to those ends, including, but not limited to, the power to do the following:

1. Prescribe the methods and procedures to be used in the presentation of factual data, arguments and proof orally and in writing including the imposition of reasonable limitations on the time permitted for oral testimony;

2. Consolidate the presentation of factual data, arguments and proof to avoid repetitive presentation of them;

3. Require that the testimony of any person be given under oath or affirmation;

4. Rule on procedural matters;

5. Act as custodian of the record of the hearing causing all notices and written submittals to be entered in it; and

6. Issue subpoenas and subpoenas duces tecum in accordance with §§ 9-6.14:13 and 62.1-44.26 of the Code of Virginia.

C. A verbatim transcript of the public hearing shall be made by a court reporter. The record shall include the transcript along with all written testimony, arguments, exhibits, reports, studies, and documents or written material of any kind submitted by any party or any person. A copy of the record shall be maintained for public inspection at the board's headquarters in Richmond.

D. The hearing officer may keep the public hearing record open for the submittal of additional factual data, arguments and proofs for a period not to exceed 30 days following the conclusion of the hearing. Where the hearing is before the board, the board may close the record and proceed immediately to a decision. After the close of the hearing record, but before its decision, the board may, for good cause shown, reopen the hearing record to receive additional evidence in such manner and form as the board may prescribe.

E. When the hearing is not conducted before the full board, the staff shall, promptly after the close of the public hearing record, make a report to the board.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.15, eff. June 10, 1980.

9VAC25-230-90. Decision of the board following public hearing.

After the close of the informal hearing, the board shall make a final decision to issue, deny, modify or revoke the permit in question or take or not take any other action proposed. In making its decision the board shall consider the entire record of the proceeding, and any staff report. The decision of the board rendered after a public hearing must be reduced to writing and contain a statement of the basis upon which the decision was reached. Copies of the decision, certified by the executive secretary, shall be mailed by certified mail, in accordance with § 10.1-1183 of the Code of Virginia, to all parties to the hearing.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.16, eff. June 10, 1980; amended, Virginia Register Volume 29, Issue 24, eff. September 1, 2013.

9VAC25-230-100. Formal hearings.

A formal hearing is a public proceeding for the taking of evidence, held under § 9-6.14:12 of the Code of Virginia, and under this chapter. A formal hearing may be held to consider appeals from certain actions of the board or the executive secretary taken without a formal hearing, as provided by § 62.1-44.25 of the Code of Virginia, and may also be held for other purposes, and must be held prior to the issuance of a special order under § 62.1-44.15(8) of the Code of Virginia, unless the owner consents to the issuance of a special order without a hearing.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.20, eff. June 10, 1980.

9VAC25-230-110. Burden of proof in formal hearing.

Each party that has filed a petition for a formal hearing or to become a party shall bear the burden of going forward on the issues of fact and shall bear the burden of ultimate persuasion on all issues set forth in its petition.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.21, eff. June 10, 1980.

9VAC25-230-120. Parties; rights of parties.

A. Parties to the hearing shall be the applicant or permittee or the proposed recipient of a special order and those persons who, in the opinion of the Executive Secretary, have filed a petition meeting the requirements of 9VAC25-230-130 C or 9VAC25-230-140 A of this chapter, except that the only party to a special order hearing shall be the proposed recipient of the special order. The executive secretary shall notify all parties of the names and addresses of the parties to the hearing.

B. The rights of parties to the hearing are enumerated in § 9-6.14:12 of the Code of Virginia.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.22, eff. June 10, 1980.

9VAC25-230-130. Petition for formal hearing.

A. The applicant or permittee or any person aggrieved by any action or inaction of the board or executive secretary with respect to a permit or arising out of the public hearing procedures outlined above may petition the executive secretary for the convening of a formal hearing as described in 9VAC25-230-100 and following. If filed by an aggrieved owner under § 62.1-44.25 of the Code of Virginia, the petition must be filed within 30 days of the mailing of notice of the action appealed from to that owner by certified mail in accordance with § 10.1-1183 of the Code of Virginia; otherwise the petition must be filed within 30 calendar days of the action appealed from. The executive secretary shall acknowledge in writing the receipt of all petitions for formal hearing.

B. The petition shall contain the following:

1. The names and addresses of the petitioner, the petitioner's counsel (if any) and all persons for whom the petitioner is acting as a representative (for the purposes of this requirement, an unincorporated association is a person);

2. A statement of the action appealed from;

3. A statement setting forth the interest of the petitioner and explaining how and to what extent the action appealed from will directly and adversely affect such interest;

4. A statement setting forth the errors alleged in the Board's action and the reasons why such action is deemed contrary to law;

5. A statement by the petitioner that, should its petition be granted and a hearing held pursuant thereto, the petitioner and all persons represented by the petitioner in connection with the appeal will be available, without cost to any other party, to appear at such hearing; and

6. A statement setting forth the specific relief requested.

C. The executive secretary shall consider all petitions filed in accordance with 9VAC25-230-130, and shall authorize the convening of a formal hearing if he finds that:

1. A petition meeting the requirements of 9VAC25-230-130 B has been filed by the applicant or permittee or any owner having the right to demand a hearing under § 62.1-44.25 of the Code of Virginia; or

2. A petition meeting the requirements of 9VAC25-230-130 B has been filed by a person other than the applicant or permittee, and the petition raises genuine and substantial issues of law or fact which, if resolved adversely to the petitioner, would result in an injury to an interest of the petitioner. The executive secretary also may authorize a formal hearing on his own motion.

D. The executive secretary shall notify the applicant or permittee, all other petitioners, and all persons who presented testimony or views at the public hearing by mail, electronic or postal delivery, of his decision to authorize or deny a hearing. Should a hearing be authorized, he shall at the same time notify the applicant or permittee and all petitioners for a formal hearing of the date and place of the hearing and advise them of the assertions of fact and law made by the petitioners. The hearing shall be scheduled to be held not less than 30, nor more than 60 days from the date of such notice. When the executive secretary authorizes a hearing on his own motion, he shall give at least 30 days' notice by certified mail to the affected applicant, permittee or proposed recipient of a special order. Except for special order hearings, the executive secretary shall further give notice by newspaper publication.

E. The executive secretary may at the request of the applicant, permittee, or any party reschedule the date for the formal hearing. The executive secretary will promptly notify all parties of any rescheduled hearing date.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.23, eff. June 10, 1980; amended, Virginia Register Volume 29, Issue 24, eff. September 1, 2013.

9VAC25-230-140. Petition to become a party to a formal hearing.

A. Any person may, at any time after a petition for formal hearing has been filed or the executive secretary has authorized a formal hearing on his own motion, but not more than 15 days after mailing, by electronic or postal delivery, or publication of notice, whichever is later, of the executive secretary's decision to authorize a formal hearing, petition the executive secretary to become a party to the formal hearing. The executive secretary shall acknowledge in writing the receipt of all petitions to become a party. A petition for a hearing filed in accordance with 9VAC25-230-130 shall also be deemed a petition to be a party to any hearing that may be authorized in accordance with such petition.

1. The petition to become a party shall contain the following:

a. The names and addresses of the petitioner, the petitioner's counsel (if any) and all persons for whom the petitioner is acting as a representative;

b. A statement setting forth the interest of the petitioner in the matter;

c. A statement by the petitioner that, should its petition be granted, the petitioner and all persons represented by the petitioner in connection with the hearing will be available, without cost to any other party, to appear at the hearing;

d. A statement setting forth the position of the petitioner with respect to any errors alleged in the petition for hearing; and

e. A statement setting forth any cross- errors alleged in the board's action.

2. The executive secretary shall consider all petitions filed in accordance herewith, and shall grant those petitions that both:

a. Meet the requirements of subsection 1 above; and

b. Raise one or more genuine and substantial issues in the petition for hearing, or cite one or more issues in the hearing notice, which, if resolved adversely to the petitioner, would result in an injury to an interest of the petitioner.

3. The executive secretary shall notify the applicant or permittee, and all other parties by mail, electronic or postal delivery, of his decision to grant or deny a petition to become a party.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.24, eff. June 10, 1980; amended, Virginia Register Volume 29, Issue 24, eff. September 1, 2013.

9VAC25-230-150. Formal hearing procedures.

A. A formal hearing held under this rule may be conducted by the full board at any regular or special meeting of the body, and the chairman or his designated subordinate shall preside as hearing officer. Hearings may be held at any other time and place authorized by the board or its chairman, and shall be conducted by at least one board member designated by the chairman. The board member conducting such hearing may preside as hearing officer or may designate a subordinate as hearing officer.

B. The hearing officer shall have the authority to maintain order, preserve the impartiality of the decision process, and conclude the hearing process expeditiously. He shall hold all powers necessary to those ends, including, but not limited to, the power to do the following:

1. Prescribe the methods and procedures to be used in the development of evidentiary facts and the presentation of evidence by the parties, including the issuance of pre-hearing orders setting forth the issues for hearing and establishing deadlines for the filing of written testimony and exhibits;

2. Administer oaths and affirmations;

3. Receive probative evidence, rule upon offers of proof and, upon his own motion or the objection of any party, exclude irrelevant, immaterial, insubstantial or repetitive proofs, rebuttal or cross-examination;

4. Examine witnesses;

5. Hold pre-hearing conferences for the settlement, simplification or stipulation of issues and facts by consent;

6. Rule on procedural matters; and

7. Issue subpoenas and subpoenas duces tecum in accordance with §§ 62.1-44.26 and 9-6.14:13 of the Code of Virginia.

C. Rulings of the hearing officer on the admissibility of evidence or testimony, the propriety or conduct of cross-examination, and on any and all procedural matters shall appear in the hearing record and shall control further proceedings in the hearing. Parties shall be presumed to have taken exception to any adverse ruling, and no objection shall be considered waived by further participation in the hearing.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.25, eff. June 10, 1980.

9VAC25-230-160. Evidence at formal hearing.

A. Parties may present direct and rebuttal evidence in written and oral form, and may conduct such cross-examination as necessary to elicit a full and fair disclosure of the facts. The hearing officer may direct that written evidence be orally summarized, but written testimony should not otherwise be read aloud except under extraordinary circumstances as determined by the hearing officer. The hearing officer may also prescribe reasonable time limits for the presentation of oral testimony.

B. The hearing officer shall admit all relevant, competent and material evidence offered by the parties but shall exclude evidence which he determines to be repetitive, irrelevant, immaterial or otherwise inadmissible under § 62.1-44.27 of the Code of Virginia. The hearing officer, for good cause shown, may admit any evidence filed in contravention of an applicable deadline in the pre-hearing order where he determines that such evidence would be useful and material to the proceedings. A copy of the record of the public hearing, if any, shall be admitted, but shall not control the proceedings of the formal hearing.

C. Whenever any evidence or testimony is excluded by the hearing officer as inadmissible, so much of the excluded material as is in written form shall remain in the record as an offer of proof, and shall be marked "excluded" by the hearing officer. Where oral testimony is excluded, the party seeking to introduce it may make an offer of proof in the form of a brief descriptive statement for the record.

D. The hearing officer may, on his own motion, and shall, on the objection of any party, rule on the relevance, propriety and conduct of the presentation of evidence, cross-examination and rebuttal, and may prohibit any presentation, examination, cross-examination and rebuttal that is irrelevant, immaterial, unsubstantial, privileged, repetitious, abusive, argumentative, or otherwise improper.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.26, eff. June 10, 1980.

9VAC25-230-170. Record of proceedings, proposed findings and conclusions from formal hearing.

A. A verbatim record of the hearing shall be made by a court reporter. The executive secretary or his designee shall act as custodian of the record, which shall include the transcript along with all written testimony, arguments, exhibits, reports, studies, and documents or written material of any kind submitted by the staff or the parties and admitted under 9VAC25-230-150 and 9VAC25-230-160, and offers of proof placed in the record under 9VAC25-230-160 C. A copy of the record shall be maintained for public inspection at the board's headquarters in Richmond. Where a subordinate hearing officer presides over the hearing, he shall promptly certify the original record as the true and official transcript of the proceedings, including a statement that the evidence contained in it and the exhibits to it appended represent all of the testimony offered and received into evidence at the hearing.

B. When the hearing is before the board, parties to the hearing may submit proposed findings of fact, conclusions of law and a statement of reasons therefore to the board. Such proposed findings shall be in writing, shall cite relevant authority, and shall be submitted prior to or at the hearing unless the board specifically allows submission after the hearing.

C. When the hearing is not before the full board, parties to the hearing may present oral arguments to the hearing officer and may submit proposed findings of fact, conclusions of law and a statement of reasons therefore to the executive secretary. Such proposed findings, conclusions and statement shall be in writing, shall cite relevant authority, and shall be submitted at a time prescribed by the hearing officer, which shall not be later than ten days after the hearing unless otherwise authorized by the hearing officer. The hearing officer shall consider the proposed findings, conclusions and statements timely submitted by the parties. He shall prepare his own recommended findings and decision and, promptly after the close of the hearing, transmit them to the board along wit the hearing record. At the time of transmittal of the record, the hearing officer shall mail, by electronic or postal delivery, copies of his recommended findings and decision to the parties. The board will receive and act upon exceptions to those recommended findings and conclusions for 21 days after their mailing, by electronic or postal delivery, to the parties. The proposed findings and conclusions submitted by any party are advisory only, and shall not be binding on the hearing officer or the board. But they shall be included in the hearing record and the board and the hearing officer shall be required to consider them in making any decision under this.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.27, eff. June 10, 1980; amended, Virginia Register Volume 29, Issue 24, eff. September 1, 2013.

9VAC25-230-180. Decision of the board following formal hearing.

A. After the close of the hearing, the board shall make a final decision to issue, deny, modify or revoke the permit in question or take or not take any other action proposed, and, in so doing, adopt explicit findings of fact and conclusions of law. In making its decision the board shall consider the entire record of the proceeding, any recommended findings and decision submitted by a subordinate hearing officer, and proposed findings and conclusions. Upon request, a party may present oral arguments to the board before it makes its decision.

B. The decision of the board rendered after a formal hearing must be reduced to writing and contain the explicit findings of fact and conclusions of law upon which the decision is based. Copies of the decision, certified by the executive secretary, shall be mailed by certified mail to all of the parties to the hearing.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 § 1.28, eff. June 10, 1980.



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