Bill Text: VA HB787 | 2024 | Regular Session | Prefiled
Bill Title: Administrative Process Act; appeals of case decisions regarding benefits sought.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-02-27 - Continued to 2025 in Finance and Appropriations (15-Y 0-N) [HB787 Detail]
Download: Virginia-2024-HB787-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §2.2-4025 of the Code of Virginia is amended and reenacted as follows:
§2.2-4025. Exemptions operation of this article; limitations.
A. This article shall not apply to any agency action that (i) is placed beyond the control of the courts by constitutional or statutory provisions expressly precluding court review, (ii) involves solely the internal management or routine of an agency, (iii) is a decision resting entirely upon an inspection, test, or election save as to want of authority therefor or claim of arbitrariness or fraud therein, (iv) is a case in which the agency is acting as an agent for a court, or (v) encompasses matters subject by law to a trial de novo in any court.
B. The provisions of this article, however, shall apply to
case decisions regarding the grant or denial of Temporary Assistance for Needy
Families, Medicaid, food stamps Supplemental Nutrition
Assistance Program benefits, general relief,
auxiliary grants, or state-local hospitalization. However, no appeal may be
brought regarding the adequacy of standards of need and payment levels for
public assistance and social services programs. Notwithstanding the provisions
of §2.2-4027, the review shall be based solely upon the agency record, and the
court shall be limited to ascertaining whether there was evidence in the agency
record to support the case decision of the agency acting as the trier of fact.
If the court finds in favor of the party complaining of agency action, the
court shall remand the case to the agency for further proceedings. The validity
of any statute, regulation, standard or policy, federal or state, upon which
the action of the agency was based shall not be subject to review by the court. No intermediate relief shall
be granted under §2.2-4028.
In appeals of case decisions by individuals seeking benefits for themselves or any member of their family regarding the grant or denial of Temporary Assistance for Needy Families, Medicaid, Supplemental Nutrition Assistance Program benefits, general relief, auxiliary grants, or state-local hospitalization, the review shall be based upon the agency record in accordance with §2.2-4007. The court shall enter judgment in accordance with §2.2-4029 and intermediate relief may be granted under §2.2-4028.
