Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 501 - REGULATIONS GOVERNING THE COOLING, STORING, SAMPLING AND TRANSPORTING OF MILK › Section 2VAC5-501-100 - Interpretation and enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				administrative procedures used to conduct case decisions under this chapter
				shall conform to the provisions of the Virginia Administrative Process Act
				(§ 2.2-4000 et seq. of the Code of Virginia).
B. The Virginia Department of Agriculture and
				Consumer Services shall comply with the following administrative procedures
				when summarily suspending a permit as specified in
				2VAC5-501-30 G:
1. The Virginia Department of Agriculture and
				Consumer Services shall serve upon the permit holder a written notice of
				suspension. The written notice of suspension shall specify the violations in
				question and inform the permit holder of the right to appear before the
				Virginia Department of Agriculture and Consumer Services in person, by counsel,
				or by other qualified representative at an informal fact-finding conference
				pursuant to § 2.2-4019 of the Code of Virginia for the informal
				presentation of factual data, arguments, and proof to appeal this determination
				of violation;
2. Upon receipt of
				written application from any person whose permit has been summarily suspended
				(within 30 days after the effective date of the summary suspension), the
				Virginia Department of Agriculture and Consumer Services shall within seven
				days after the date of receipt of a written application from any person whose
				permit has been summarily suspended, proceed to hold an informal fact-finding
				conference pursuant to § 2.2-4019 of the Code of Virginia to ascertain the
				facts of the violations in question, and upon evidence presented at the
				informal fact-finding conference, shall affirm, modify, or rescind the summary
				suspension;
3. The Virginia
				Department of Agriculture and Consumer Services shall, unless the parties
				consent, ascertain the fact basis for their decisions of cases through informal
				conference proceedings pursuant to § 2.2-4019 of the Code of Virginia.
				Such conference proceedings include the rights of parties to the case to have
				reasonable notice thereof, to appear in person or by counsel or other qualified
				representative before the Virginia Department of Agriculture and Consumer
				Services for the informal presentation of factual data, argument, or proof in
				connection with any case, to have notice of any contrary fact basis or
				information in the possession of the Department which can be relied upon in
				making an adverse decision, to receive a prompt decision of any application for
				license, benefit, or renewal thereof, and to be informed, briefly and generally
				in writing, of the factual or procedural basis for an adverse decision in any
				case;
4. No person whose permit has
				been summarily suspended may be granted an informal fact-finding conference by
				the Virginia Department of Agriculture and Consumer Services unless the
				Virginia Department of Agriculture and Consumer Services receives the person's
				written application within 30 days after the effective date of the summary
				suspension;
5. From any adverse
				decision of an informal fact-finding conference, the permit holder may request
				a formal hearing under § 2.2-4020 of the Code of Virginia by writing the
				Program Manager of the Office of Dairy and Foods within 30 days stating the
				request and providing the Virginia Department of Agriculture and Consumer
				Services with a statement of the issues in dispute. If the request for a formal
				hearing pursuant to § 2.2-4020 of the Code of Virginia is denied, the
				Virginia Department of Agriculture and Consumer Services shall notify the
				permit holder in writing and further may affirm or modify the decision of the
				informal fact-finding conference; and
6. If a formal hearing pursuant to §
				2.2-4020 of the Code of Virginia is denied, the Virginia Department of
				Agriculture and Consumer Services shall notify the permit holder of the right
				to file an appeal in the circuit court.