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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
961703432Be it enacted by the General Assembly of Virginia:
1. That § 9-6.14:19 of the Code of Virginia is amended and reenacted as follows:
§ 9-6.14:19. Court judgments.
Unless an error of law as defined in § 9-6.14:17 appears, the court shall
dismiss the review action or affirm the agency regulation or decision.
Otherwise, it may compel agency action unlawfully and arbitrarily withheld or
unreasonably delayed except that the court shall not itself undertake to supply
agency action committed by the basic law to the agency. Where a regulation or
case decision is found by the court to be not in accordance with law under
§ 9-6.14:17, the court shall [ (i) ] suspend or set it
aside and remand the matter to the agency for such further proceedings, if any,
as the court may permit or direct in accordance with law [ ; (ii) try
the matter de novo; or (iii) in instances of manifest injustice, modify the
decision of the agency. . However, in instances of manifest
injustice, the court may, upon review of the record, require a de novo hearing,
modify the agency decision or remand the matter to the agency for further
proceedings with directions. ]