2006 Code of Virginia § 46.2-2005 - Action on applications; hearings on denials and protests

46.2-2005. Action on applications; hearings on denials and protests.

A. The Department may act upon any application required under this chapterwithout a hearing, unless such application is protested by any aggrievedparty, except that no protest shall be heard in such cases whereby theapplicant has received a notice of intent to award a contract under theVirginia Public Procurement Act ( 2.2-4300 et seq.) for irregular routecommon carrier service to or from a public-use airport located in the City ofNorfolk. Aggrieved parties may protest an application by submitting writtengrounds to the Department setting forth (i) a precise statement of theparty's interest and how the party could be aggrieved if the application weregranted; (ii) a full and clear statement of the facts that the person isprepared to provide by competent evidence; (iii) a statement of the specificrelief sought; (iv) the case number assigned to the application; and (v) acertification that a copy of the protest was sent to the applicant.

B. Any applicant denied without a hearing an original license or certificateunder subsection A, or any request for a transfer of such a license orcertificate, shall be given a hearing at a time and place determined by theCommissioner or his designee upon the applicant's written request for suchhearing made within thirty days of denial.

(Code 1950, 56-279; 1995, cc. 744, 803; 2001, c. 596; 2002, cc. 681, 734,870.)