Law Commons^™

Administrative Law, John Paul Jones, John R. Mohrmann

University of Richmond Law Review

This article is a report of certain developments during the last two years relating to the Virginia Administrative Process Act ("the VAPA"), which governs rulemaking and adjudication of cases by state agencies as well as judicial review of both.

Annual Survey Of Virginia Law: Administrative Procedure, Patricia L. Mckenney

University of Richmond Law Review

This article reviews recent developments in the law affecting administrative procedure in Virginia. The 1997 General Assembly made no substantive changes to the Commonwealth's fundamental law of administrative procedure, but it did make numerous amendments to agency law affecting administrative case decisions. Among the major changes to agency procedures include authorizing the Commissioner of Social Services to review local board eligibility decisions, extending the powers of health regulatory boards that govern the licensing of health professionals, and permitting the air, water and waste boards to implement mediation and voluntary dispute resolution proceedings.

Standards Of Judicial Review In The Virginia Administrative Process Act, Mary Renae Carter

University of Richmond Law Review

Section 9-6.14:17 of the Virginia Administrative Process Act sets forth two standards by which courts may review the validity of a state agency's decisions. In formal rulemaking and adjudicatory proceedings, the statute requires an agency to keep a record of all evidence it receives and to make decisions based on this record. Upon review, a court will look to see if there is "substantial evidence" in the record to support the agency's findings of fact. In informal rulemaking and adjudicatory proceedings, the statute does not require an agency to keep an evidentiary record. If the agency has not voluntarily made …

A Call For Public Participation In State Voluntary Remediation Programs: Strategies For Promoting Public Involvement Opportunities In Virginia, Stacie A. Craddock

University of Richmond Law Review

There is a growing environmental problem in the United States with contaminated property which is left abandoned or underused. These properties are commonly known as "brownfields."' The type or extent of the contamination may vary from site to site. The types of waste could include hazardous, solid, or petroleum waste components; and the extent of the contamination may be minimal, severe, or even unknown. In 1995, the Congressional Office of Technology Assessment reported that the number of sites that currently remain contaminated are estimated to range from "tens of thousands to 450,000 sites."

The Inconsistency Of Virginia's Execution Of The Npdes Permit Program: The Foreclosure Of Citizen Attorneys General From State And Federal Courts, D. Brennen Keene

University of Richmond Law Review

The above mentioned goals and policies of the Clean Water Act suggest that Congress intended to create a partnership between the federal government, state governments, and the public to help abate pollution of the nation's waters. This intent is illustrated by the fact that permits issued to dischargers of pollutants into navigable waters can be issued by either the Environmental Protection Agency (EPA) or a state agency. Unfortunately, the goal of public involvement is lost in "the confusion caused by this poorly drafted and astonishingly imprecise statute." The resulting inconsistent system forecloses some members of the public from participating in …

Annual Survey Of Virginia Law: Administrative Law, James N. Christman

University of Richmond Law Review

This article covers changes made to the Virginia Administrative Process Act (VAPA) during the 1992 session of the General Assembly. It also covers selected recent cases from Virginia courts dealing with state administrative procedure decided between August 30, 1990 and September 17, 1992.

Response To Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Taylor Murphy Jr., Michael Mckenney

University of Richmond Law Review

The article Legal Issues Affecting Local Governments in Implementing the Chesapeake Bay Preservation Act (Legal Issues or "the article") adds measurably to the growing literature on the Chesapeake Bay Preservation Act ("the Act") and offers a significant amount of historical background. However, inasmuch as the article attempts to ascribe certain areas of legislative intent on the part of the General Assembly in adopting the Act that the authors of this comment believe are inaccurate, this comment will attempt to clarify those areas of legislative and regulatory intent. Additionally, this comment will discuss the regulatory development process of the Chesapeake Bay …

Annual Survey Of Virginia Law: Environmental Law, James E. Ryan Jr.

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air and water pollution, solid and hazardous waste, and environmentally sensitive areas which have occurred between the publication of last year's survey and August 1, 1990.

Annual Survey Of Virginia Law: Administrative Procedure, Charles H. Carrathers Iii.

University of Richmond Law Review

This article covers all changes made to the Virginia Administrative Process Act ("VAPA") during the 1990 session of the General Assembly. It also covers selected Supreme Court of Virginia cases dealing with administrative procedure, together with selected reported cases from the Court of Appeals of Virginia and Virginia circuit courts. Two cases decided by federal district courts sitting in Virginia that involve issues related to Virginia administrative procedure also are discussed. The cases reviewed in this article were decided between May 1989 and June 1990.

Annual Survey Of Virginia Law: Administrative Procedure, James E. Ryan Jr., Renata Manzo Scruggs

University of Richmond Law Review

In 1989, the Virginia General Assembly made several relatively minor, but significant, changes to the Virginia Administrative Process Act (VAPA). These amendments modified the manner in which agencies may promulgate regulations and conduct informal fact finding hearings. Two new exemptions to the VAPA were created: one for rules for the conduct of specific lottery games; and a second for orders condemning shellfish growing areas. In other changes, rulemaking proceedings conducted by the State Water Control Board (SWCB), certain decisions of the Board of Social Services, and amendments to standards for asbestos inspections became subject to different provisions of the VAPA.

Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air and water pollution, solid and hazardous waste, and pesticide regulation which have occurred between the publication of last year's survey and August 1, 1989. Not considered herein are the Chesapeake Bay Preservation Area Designation and Management Regulations promulgated by the Chesapeake Bay Local Assistance Board.

Annual Survey Of Virginia Law: Administrative Procedure, Brian L. Buniva

University of Richmond Law Review

The express purpose of the Virginia Administrative Process Act (VAPA) is to supplement present and future basic laws that confer authority on agencies to make regulations and decide cases, and to standardize court review thereof except where laws later enacted may otherwise expressly provide. VAPA does not supersede or repeal additional procedural requirements set forth in the basic laws. Instead, its purpose is to supplement the procedural requirements of existing laws. The "basic law" includes provisions in the constitution and statutes of the Commonwealth of Virginia which authorize a state government agency to make regulations or decide cases, or which …

Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones

University of Richmond Law Review

After three years of working major changes to the Virginia Administrative Process Act (VAPA), the General Assembly paid scant attention to the Commonwealth's fundamental law of administrative procedure in 1987. During its most recent session, the legislature produced only three amendments to VAPA, inserting a regulation severability provision, modifying VAPA's impact on Voluntary Formulary changes, and narrowing the exemption enjoyed by the Virginia Marine Resources Commission. In two other statutory changes affecting administrative procedure, the General Assembly expressly provided for agency subdelegation and specified the method for computing time for a rule of court. While severability has evolved into an …

Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones

University of Richmond Law Review

Since the last report, administrative law in Virginia has continued to develop on both the legislative and judicial fronts. This year's General Assembly enacted amendments to the state's administrative procedure statute which embody the third and final round of recommendations by the Governor's Regulatory Reform Advisory Board. The major changes were the standardization of procedures for obtaining judicial review of state agency action and the embodiment in statute of a corps of independent hearing officers.

Note: This submission also includes a small preface from the Law Review Editorial Staff.

Virginia Should Open Its Courthouse Doors To Review Administrative Decisions Involving Public Assistance, Christopher Allen Stump, Jill A. Hanken

University of Richmond Law Review

Virginia's courts interpret the Virginia Administrative Process Act (VAPA) to prohibit judicial review of administrative decisions that grant or deny public assistance funds. Virginia is therefore one of only three states which fail to provide judicial review of such decisions. This article advocates judicial review of public assistance hearing decisions on the basis of principles of statutory construction and constitutional law. The article concludes that Virginia's minority status indicates a failure to meet traditional notions of fairness.

Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones

University of Richmond Law Review

Both the General Assembly and the Supreme Court of Virginia have been active recently in administrative law. For the past three years, a broadly-based movement for bureaucratic reform has influenced the legislative and executive branches of state government. The instrument for formal expression of this reform has been the Governor's Regulatory Reform Advisory Board. In 1985, the General Assembly and the Governor responded obligingly to a second round of suggestions from the Board for amendment of the commonwealth's general administrative process act. These legislative changes involved the definition of regulation, i.e., the output of a statutorily controlled administrative rulemaking process, …

Legislative Changes To Virginia Administrative Rulemaking, John Paul Jones

University of Richmond Law Review

The year 1983 was an active one for administrative law reform in Virginia. The Governor's Regulatory Reform Advisory Board completed its first full year of studying the state administrative process in Virginia, developing proposals for its improvement and drafting enabling legislation. The Board received a wide variety of suggestions from state employees, businesses, and the public at large in open hearings and through private correspondence. The result was the Board's first annual report, containing a series of proposed legislative reforms. The common thread of these reforms was an increased public involvement in bureaucratic decision-making creating broadly applicable regulations with the …