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2001 SESSION
012205748Patrons-- Griffith, Albo, Deeds, Joannou, Johnson, Kilgore, McEachin and Moran
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-410 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-410. Appeal from order suspending or revoking license or registration.
Any person aggrieved by an order or act of the Commissioner requiring
suspension or revocation of a license or registration under the provisions of
this chapter is entitled to judicial review in accordance with the provisions
of the Administrative Process Act (§ 9-6.14:1 et seq.) a court of proper
jurisdiction. No appeal shall lie in any case in which the suspension or
revocation of the license or registration was mandatory except to determine the identity of the
person concerned when the question of identity is in dispute. To correct an
injustice, the court may modify the term of the suspension or revocation, issue
a restricted license in accordance with the restrictions set forth in
subsection D of § 18.2-271.1, reinstate the license or registration,
or fashion any other proper equitable remedy.
From the final decision of the circuit court, either the person who petitioned the court for an appeal or the Commissioner shall have an appeal as of right to the Court of Appeals.