Bill Text: VA HB787 | 2025 | Regular Session | Engrossed
Bill Title: Administrative Process Act; appeals of case decisions regarding benefits sought.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-11-19 - Left in Finance and Appropriations [HB787 Detail]
Download: Virginia-2025-HB787-Engrossed.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 §2.2-4027 ] . The
court shall enter judgment in accordance with §2.2-4029 and intermediate
relief may be granted under §2.2-4028.
