Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 15 - REGULATION FOR DISPUTE RESOLUTION
Part II - General Provisions
Section 9VAC25-15-130 - Referral of disputes to dispute resolution
Universal Citation: 9 VA Admin Code 25-15-130
Current through Register Vol. 41, No. 3, September 23, 2024
A. The board, consistent with the provisions of 9VAC25-15-40 G, may refer a dispute to dispute resolution.
B. A party other than the board may request dispute resolution by applying to the director.
1. The application shall contain
the following:
a. A request for dispute
resolution, specifying mediation or another dispute resolution
procedure;
b. The names, postal
addresses, telephone numbers, fax numbers, e-mail addresses, or other
appropriate communication addresses or numbers of all known parties to the
dispute and of their attorneys, if known; and
c. A statement of issues and a summary of the
basis for the dispute.
2. Filing an application constitutes consent
to referral of the dispute to dispute resolution.
3. Filing an application shall not stay any
proceeding and shall have no effect on any procedural or substantive right of
any party to the dispute.
4. Under
normal circumstances, within 14 business days of the receipt of an application
from a party requesting dispute resolution, the director shall review the
application to determine if the dispute is suitable for dispute resolution,
shall decide which form of dispute resolution is appropriate, and shall notify
the parties in writing accordingly.
5. If the director has decided that mediation
is appropriate, the provisions of Part III (9VAC25-15-140 et seq.) of this
chapter shall apply.
6. If the
director has decided that a dispute resolution proceeding other than mediation
is appropriate, the director shall specify what that proceeding is. The
appointment of the neutral for this proceeding shall follow the procedure for
the appointment of a mediator as specified in
9VAC25-15-140. The parties and the
neutral shall determine the appropriate procedures for conducting this dispute
resolution proceeding.
Statutory Authority: § 10.1-1186.3 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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