3.2-3217 - Appeals generally.
§ 3.2-3217. Appeals generally.
A. Any person affected by and claiming the unlawfulness of any regulation ofthe Commission, or person aggrieved by and claiming the unlawfulness of acase decision or an order of the Commission may appeal to the Circuit Courtwhere the principal office of the Commission is located. Except as otherwiseprovided in this section, Article 5 (§ 2.2-4025 et seq.) of theAdministrative Process Act shall govern such appeal.
B. Upon filing of its pleadings by the Commission the cause shall be maturedfor hearing, and upon application of either party, the cause shall be placedat the head of the docket and heard forthwith.
C. Mere technical irregularities in the procedure of the Commission shall notbe the basis of the decision of the court. In an appeal from an order ordecision of the Commission, the case shall be heard upon the record certifiedto the court by the Commission. Additional testimony shall not be takenbefore the court, except to clarify the record or to introduce evidence as tothe effect of the order upon the business of parties to the record below, orof producers standing in the same position as producer parties of record, butthe court may, in proper cases, remand the record of the Commission for thetaking of such further testimony as was not available upon the hearingappealed from, or such other testimony as the court shall provide may betaken. No part of the record, containing verbal or documentary evidence,shall be disregarded by courts because of technical rules of evidence.
(Code 1950, §§ 3-369, 3-371; 1966, c. 702, §§ 3.1-448, 3.1-450; 1996, c. 573;2008, c. 860.)