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2008 SESSION

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CHAPTER 61 An Act to amend and reenact § 32.1-111.9 of the Code of Virginia, relating to applications for variances or exceptions. [H 192] Approved March 2, 2008

 

Be it enacted by the General Assembly of Virginia:

1.  That § 32.1-111.9 of the Code of Virginia is amended and reenacted as follows:

§ 32.1-111.9. Applications for variances or exemptions.

Prior to the submission to the Commissioner of Health by a volunteer rescue squad an agency, entity, or provider licensed or certified by the Office of Emergency Medical Services of an application for a variance, or to the Board of Health for an exemption from any regulations promulgated pursuant to this chapter, the application shall be reviewed by the governing body of the jurisdiction in which the principal office of the volunteer rescue squad or legal residence of the agency, entity, or provider licensed or certified by the Office of Emergency Medical Services is located. The recommendation of the governing body regarding the variance or exemption shall be submitted with the application; and, absent compelling reasons to the contrary, the Commissioner or Board, whichever is appropriate, shall adopt that recommendation for the purposes of granting or denying the variance or exemption.

The applicant shall have the right to appeal any denial by the Commissioner or Board of an application for a variance or exemption pursuant to the Administrative Process Act (§ 2.2-4000 et seq.).