Code of Virginia

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Code of Virginia
Title 46.2. Motor Vehicles
Chapter 21. Regulation of Property Carriers

§ 46.2-2109. Action on applications; hearings on denials and protests.

A. The Department may act upon any application required under this chapter without a hearing, unless such application is protested by any party based upon fitness allegations. Parties may protest an application by submitting written grounds to the Department setting forth (i) a precise statement of the party's objections to the application being granted; (ii) a full and clear statement of the facts that the person is prepared to provide by competent evidence; (iii) the case number assigned to the application; and (iv) a certification that a copy of the protest was sent to the applicant. The Department shall have full discretion as to whether a hearing is warranted based on the merits of any protest filed.

B. Any applicant denied without a hearing an original certificate of fitness under subsection A shall be given a hearing at a time and place determined by the Commissioner or his designee upon the applicant's written request for such hearing made within thirty days of denial.

Code 1950, § 56-338.11; 1995, cc. 744, 803; 2001, c. 596; 2002, c. 870; 2011, cc. 881, 889; 2017, cc. 790, 815.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.