2017 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. (Effective until January 1, 2018) Any applicant denied without a hearing an original license or certificate of fitness under subsection A, or any request for a transfer for such 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 thirty days of denial.
B. (Effective January 1, 2018) 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, ยง 56-338.11; 1995, cc. 744, 803; 2001, c. 596; 2002, c. 870; 2011, cc. 881, 889; 2017, cc. 790, 815.