Navigating and analyzing administrative regulations from the federal government and the administrative agencies of the States is something all businesses must do to be successful. Resolving regulatory language to determine its application and how it practically affects your business is the business of The Creekmore Law Firm PC.
We have counseled clients on a range of legal and policy matters including issues involving the U.S. Food and Drug Administration, the Virginia Department of Professional and Occupational Regulation (“DPOR”), the Virginia Department of Agriculture and Consumer Services, the Virginia Department of Health, the Virginia Board of Contractors, the Virginia Alcoholic Beverage Control Board (“ABC”), and the Virginia State Corporation Commission, including the Division of Securities and Retail Franchising. We have assisted clients with the application of DPOR regulations to various licensed occupations, ABC licensing requirements, FDA labeling requirements, Virginia regulatory inspections related to home food preparation for commercial sale, and review of specific requirements related to franchise registration and development within the Commonwealth of Virginia. We can assist you with conducting the proper research to develop an action plan for ensuring your operations conform with government regulations.
We also litigate matters on behalf of clients dealing with complex questions of administrative law, including cases governed by the Virginia Administrative Process Act. The Virginia Administrative Process Act (VAPA) generally governs the regulatory proceedings of State agencies and can be found in Title 2.2, Chapter 40 of the Code of Virginia. The act applies to agency actions during the development, promulgation, and application of regulations. Any person may petition an agency to request the agency to develop a new regulation or amend an existing regulation pursuant to Va. Code Ann. §2.2-4007. VAPA generally provides for public participation in the regulatory process as well as certain forms of executive, legislative and judicial review of regulatory actions.
According to Va. Code §2.2-4026, any person affected by and claiming the unlawfulness of any regulation, or any party aggrieved by and claiming unlawfulness of a case decision, has a right to review by an appropriate and timely court action against the agency or its officers or agents and provided for by the rules of the Supreme Court of Virginia. Actions of this kind may be instituted in any court of competent jurisdiction, and the judgments of the courts of original jurisdiction are subject to appeal to higher courts.