As amended through September 26, 2024
Rule 2A:2 - Notice of Appeal(a) Any party appealing from a regulation or case decision must file with the agency secretary, within 30 days after adoption of the regulation or after service of the final order in the case decision, a notice of appeal signed by the appealing party or that party's counsel. With respect to appeal from a regulation, the date of adoption or readoption is the date of publication in the Register of Regulations. In the event that a case decision is required by § 2.2-4023 or by any other provision of law to be served by mail upon a party, 3 days will be added to the 30-day period for that party. Service under this Rule is sufficient if sent by registered or certified mail to the party's last address known to the agency.(b) The notice of appeal must identify the regulation or case decision appealed from, must state the names and addresses of the appellant and of all other parties and their counsel, if any, must specify the circuit court to which the appeal is taken, and must conclude with a certificate that a copy of the notice of appeal has been mailed to each of the parties. Any copy of a notice of appeal that is sent to a party's counsel or to a party's registered agent, if the party is a corporation, will be deemed adequate and will not be a cause for dismissal of the appeal; provided, however, sending a notice of appeal to an agency's counsel will not satisfy the requirement that a notice of appeal be filed with the agency secretary. The omission of a party whose name and address cannot, after due diligence, be ascertained will not be cause for dismissal of the appeal.(c) Any final agency case decision as described in § 2.2-4023 must advise the party of the time for filing a notice of appeal under this Rule.Amended by order dated December 22, 2004, effective immediately; amended by order dated February 26, 2010, effective 5/3/2010; amended 7/1/2014; amended by order dated Wednesday, July 2, 2014, effective immediately; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021.