Part 775. Administrative and Judicial Review of Decisions
4VAC25-130-775.11. Administrative review.
(a) General. Any applicant, or any person with an interest which is or may be adversely affected by the final administrative decision and who has participated in the administrative hearings as an objector may appeal as provided in subsection (b) of this section if—
(1) The applicant or person is aggrieved by the director or his designee's final order under 4VAC25-130-775.11; or
(2) Either the division or the director failed to act within time limits specified in 4VAC25-130-775.11.
(b) Judicial review. The final order of the division pursuant to subsection (a) of 4VAC25-130-775.11 shall be subject to judicial review as provided by the Virginia Administrative Process Act and the rules of the Supreme Court of Virginia as promulgated thereto. The availability of such review shall not be construed to limit the operation of the rights established in Section 520 of the Federal Act.
(c) All notices of appeal for judicial review of a hearing officer's final decision, or the final decision on review and reconsideration, shall be filed with the Director, Division of Mined Land Repurposing, Department of Energy, 3405 Mountain Empire Road, Big Stone Gap, Virginia 24219.
Statutory Authority
§ 45.2-103 of the Code of Virginia.
Historical Notes
Derived from VR 480-03-19 § 775.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Volume 38, Issue 13, eff. March 31, 2022.
4VAC25-130-775.13. Judicial review.
(a) General. Any applicant, or any person with an interest which is or may be adversely affected by the final administrative decision and who has participated in the administrative hearings as an objector may appeal as provided in subsection (b) of this section if—
(1) The applicant or person is aggrieved by the director or his designee's final order under 4VAC25-130-775.11; or
(2) Either the division or the director failed to act within time limits specified in 4VAC25-130-775.11.
(b) Judicial review. The final order of the division pursuant to subsection (a) of 4VAC25-130-775.11 shall be subject to judicial review as provided by the Virginia Administrative Process Act and the rules of the Supreme Court of Virginia as promulgated thereto. The availability of such review shall not be construed to limit the operation of the rights established in Section 520 of the Federal Act.
(c) All notices of appeal for judicial review of a hearing officer's final decision, or the final decision on review and reconsideration, shall be filed with the Director, Division of Mined Land Repurposing, Department of Energy, 3405 Mountain Empire Road, Big Stone Gap, Virginia 24219.
Statutory Authority
§ 45.2-103 of the Code of Virginia.
Historical Notes
Derived from VR 480-03-19 § 775.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Volume 38, Issue 13, eff. March 31, 2022.