Action on applications; hearings on denials and protests
Va. Code Ann. § 46.2-2005
in effectA. The Department may act upon any application required under this chapter for a certificate of public convenience and necessity without a hearing, unless such application is protested by any aggrieved party, except that no protest shall be heard in such cases whereby the applicant has received a notice of intent to award a contract under the Virginia Public Procurement Act (§ 2.2-4300 et seq.) for irregular route common carrier service to or from a public-use airport located in the City of Norfolk or the County of Henrico. Aggrieved parties may protest an application by submitting written grounds to the Department setting forth (i) a precise statement of the party's interest and how the party could be aggrieved if the application were granted; (ii) a full and clear statement of the facts that the person is prepared to provide by competent evidence; (iii) a statement of the specific relief sought; (iv) the case number assigned to the application; and (v) a certification that a copy of the protest was sent to the applicant.
B. The Department may act upon any application required under this chapter for a license or certificate of fitness 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.
C. Any applicant denied without a hearing an original license, permit, or certificate under subsection A or B of this section or subsection B of § 46.2-2001.1 , or any request for a transfer of such a license or certificate, 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 30 days of denial.
Code 1950, § 56-279; 1995, cc. 744 , 803 ; 2001, c. 596 ; 2002, cc. 681 , 734 , 870 ; 2011, cc. 424 , 881 , 889 ; 2013, cc. 165 , 582 .
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/46.2-2005/Fetched: 10/16/2026