12 Va. Admin. Code § 5-610-230 - Appeal
A. Any appeal from
a denial of a construction permit for a sewage disposal system must be made in
writing and received by the department within 30 days of the date of receipt of
notice of the denial.
B. Any
request for hearing on the denial of an application for a variance pursuant to
12VAC5-610-170 E
1 must be made in writing and received within
30 days of receipt of the denial notice.
C. Any request for a variance must be made in
writing and received by the department prior to the denial of the sewage
disposal system permit, or within 30 days after such denial.
D. In the event a person applies for a
variance within the 30-day period provided by subsection C of this section, the
date for appealing the denial of the permit, pursuant to subsection B of this
section, shall commence from the date on which the department acts on the
request for a variance.
E. Pursuant
to the Administrative Process Act (§ 9-6.14:1 et seq. of the Code of
Virginia), an aggrieved owner may appeal a final decision of the commissioner
or Appeal Review Board to an appropriate circuit court.
Notes
Statutory Authority
§§ 32.1-12 and 32.1-164 of the Code of Virginia.
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