28.2-403 - Action of Commissioner on such application; transfer of license of disabled vessel; delegation of authority; appeals.
§ 28.2-403. Action of Commissioner on such application; transfer of licenseof disabled vessel; delegation of authority; appeals.
A. If the Commissioner is satisfied that the disclosures required by §28.2-400 have been made and that the application conforms in other respectsto the provisions of that section, and upon payment of the license feespecified in § 28.2-402, the Commissioner, or the officer through whom or inwhose district the application was made, shall issue to the applicant alicense for each of the purse seines, vessels, or other watercraft specifiedin the application. The license shall state the name of the licensee and thename of the vessel or other watercraft licensed.
If any vessel or other watercraft so licensed becomes disabled during theperiod of such license, the licensee may, with the consent of theCommissioner, hire or charter a vessel or other craft belonging to anonresident to replace the disabled one for the unexpired period of suchlicense. In such a case, the officer shall transfer the license issued forthe disabled vessel or other craft to the one so hired or chartered withoutrequiring any additional license.
B. The Commissioner may delegate to the officers his authority under thissection. However, any person aggrieved by any action of an officerexercising such delegated authority shall have the right to appeal to theCommissioner for a review and correction of the actions of the officer. Theappeal may be made by mailing a statement of the officer's action, togetherwith the appellant's objections and the grounds for his objections, to theCommissioner. Upon receipt of such appeal, the Commissioner shallimmediately notify the officer involved, who shall, within three days,deliver to the Commissioner all papers in his possession concerning thesubject matter of the appeal, together with a written statement of andreasons for his actions. The Commissioner shall issue his ruling granting,transferring, refusing, or refusing to transfer the license within ten daysafter receipt by him of the appeal.
(Code 1950, §§ 28-64, 28-65; 1962, c. 406, § 28.1-62; 1992, c. 836.)