Major Administrative Law Decision by the Virginia Supreme Court Tightens Agency Scrutiny, Increasing Likelihood of Delays, Remands, and Further Litigation in Contested Regulatory Matters
In one of the more significant Virginia administrative law decisions in recent years, the Supreme Court of Virginia held that the “harmless error” standard does not apply to most issues in administrative appeals, restricting the standard only to procedural defects. The decision in Chesapeake Hospital Auth., d/b/a Chesapeake Regional Medical Center v. State Health Commissioner, et al., Record No. 201510 (Va. May 19, 2022) sweeps broadly, impacting judicial review of all agency decisions subject to the Virginia Administrative Process Act (“VAPA”). The result is likely more delay, more uncertainty, and more litigation in regulatory matters, increasing regulatory risk for clients—particularly […]
