2006 Code of Virginia § 2.2-2406 - Review by the Review Board for design-build or construction management approval; effect of disappro...

2.2-2406. Review by the Review Board for design-build or constructionmanagement approval; effect of disapproval; review of Review Board decision.

The Review Board shall conduct such inquiry it deems appropriate and mayrequire the submission of additional documents or information by the publicbody, in a form prescribed by the Review Board, to determine if the publicbody has complied with the provisions of 2.2-4308.

Within sixty days of the receipt of the request for review, the Review Boardshall render a decision, unless a different timetable is agreed to by thepublic body. If the Review Board determines that the public body has compliedwith the provisions of 2.2-4308 and the findings made by the public bodypursuant to subdivision A. 2. of 2.2-4308 are not unreasonable, the ReviewBoard shall approve such use. If the Review Board determines that (i) thepublic body has not complied with the provisions of 2.2-4308 or (ii) thefindings made by the public body pursuant to subdivision A. 2. of 2.2-4308are unreasonable, it shall disapprove such use, and the public body shall notuse a design-build or construction management contract to procureconstruction for the proposed project. If no decision is made by the ReviewBoard within the sixty-day period or as otherwise agreed to by the publicbody, the proposed use of a design-build or construction management contractshall be deemed approved.

Any public body other than the Commonwealth which has been aggrieved by anyaction of the Review Board shall be entitled to a review of such action.Appeals from such actions shall be in accordance with the provisions of theAdministrative Process Act ( 2.2-4000 et seq.).

(1996, c. 962, 11-41.2:5; 2001, c. 844.)