Code of Virginia
Chapter 40 - Administrative Process Act
§ 2.2-4028. Intermediate relief

When judicial review is instituted or is about to be, the agency concerned may, on request of any party or its own motion, postpone the effective date of the regulation or decision involved where it deems that justice so requires. Otherwise the court may, on proper application and with or without bond, deposits in court, or other safeguards or assurances as may be suitable, issue all necessary and appropriate process to postpone the effective dates or preserve existing status or rights pending conclusion of the review proceedings if the court finds the same to be required to prevent immediate, unavoidable, and irreparable injury and that the issues of law or fact presented are not only substantial but that there is probable cause for it to anticipate a likelihood of reversible error in accordance with § 2.2-4027. Actions by the court may include (i) the stay of operation of agency decisions of an injunctive nature or those requiring the payment of money or suspending or revoking a license or other benefit and (ii) continuation of previous licenses in effect until timely applications for renewal are duly determined by the agency.
1975, c. 503, § 9-6.14:18; 2001, c. 844.

Structure Code of Virginia

Code of Virginia

Title 2.2 - Administration of Government

Chapter 40 - Administrative Process Act

§ 2.2-4000. Short title; purpose

§ 2.2-4001. Definitions

§ 2.2-4002. Exemptions from chapter generally

§ 2.2-4002.1. Guidance documents

§ 2.2-4003. Venue

§ 2.2-4004. Severability

§ 2.2-4005. Review of exemptions by Joint Legislative Audit and Review Commission; Joint Commission on Administrative Rules

§ 2.2-4006. Exemptions from requirements of this article

§ 2.2-4007. Petitions for new or amended regulations; opportunity for public comment

§ 2.2-4007.01. Notice of intended regulatory action; public hearing

§ 2.2-4007.02. Public participation guidelines

§ 2.2-4007.03. Informational proceedings; effect of noncompliance

§ 2.2-4007.04. Economic impact analysis

§ 2.2-4007.04:01. Notice required of certain departments

§ 2.2-4007.05. Submission of proposed regulations to the Registrar

§ 2.2-4007.06. Changes between proposed and final regulations

§ 2.2-4007.07. State Air Pollution Control Board; variances

§ 2.2-4007.1. Regulatory flexibility for small businesses; periodic review of regulations

§ 2.2-4007.2. Regulations requiring the submission of documents or payments

§ 2.2-4008. Repealed

§ 2.2-4009. Evidentiary hearings on regulations

§ 2.2-4010. Pilot programs for regulations imposing local government mandates

§ 2.2-4011. Emergency regulations; publication; exceptions

§ 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations

§ 2.2-4012.1. Fast-track rulemaking process

§ 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact

§ 2.2-4014. Legislative review of proposed and final regulations

§ 2.2-4015. Effective date of regulation; exception

§ 2.2-4016. Withdrawal of regulation

§ 2.2-4017. Periodic review of regulations

§ 2.2-4018. Exemptions from operation of Article 3

§ 2.2-4019. Informal fact finding proceedings

§ 2.2-4020. Formal hearings; litigated issues

§ 2.2-4020.1. Summary case decisions

§ 2.2-4020.2. Default

§ 2.2-4021. Timetable for decision; exemptions

§ 2.2-4022. Subpoenas, depositions and requests for admissions

§ 2.2-4023. Final orders

§ 2.2-4023.1. Reconsideration

§ 2.2-4024. Hearing officers

§ 2.2-4024.1. Disqualification

§ 2.2-4024.2. Ex parte communications

§ 2.2-4025. Exemptions operation of this article; limitations

§ 2.2-4026. Right, forms, venue; date of adoption or readoption for purposes of appeal

§ 2.2-4027. Issues on review

§ 2.2-4028. Intermediate relief

§ 2.2-4029. Court judgments

§ 2.2-4030. Recovery of costs and attorney fees from agency

§ 2.2-4031. Publication of Virginia Register of Regulations; exceptions; notice of public hearings of proposed regulations

§ 2.2-4032. Repealed