CHAPTER 511

An Act to amend and reenact §§ 46.1-867 and 46.1-487 of the Code of
Virginia, relative to staying the orders of revocation and suspension
during the period of appeal.

[H 436]

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:

1. That §§ 46.1-367 and 46.1-437 of the Code of Virginia be amended
and reenacted as follows:

§ 46.1-367. (a) Any person denied a license or whose license has
been revoked, suspended, cancelled or rescinded under the provisions of
this chapter may appeal within thirty days from the date of such act of
the Division to any court of record having jurisdiction in the city or
county wherein such person resides except the Circuit Court of the city
of Richmond, and such court is hereby vested with jurisdiction and shall
set the appeal for hearing upon ten days’ written notice to the Commis-
sioner, and the court sitting without a jury will hear the appeal and take
testimony and examine into the facts of the case and determine whether
the petitioner is entitled to a license under the provisions of this chapter.
From the final judgment of any such court, either the person appealing
or the Commonwealth shall have an appeal as a matter of right to the
Supreme Court of Appeals.

(b) While an appeal is pending from the action of the Division
denying a license or from the court affirming the action of the Division,
the person aggrieved shall not operate a motor vehicle upon the highways
of this State.

(c) An appeal from the order of the Commissioner so suspending,
revoking, cancelling or rescinding the license or from the court affirming
the order of the Commissioner shall not operate to stay the enforcement
of the order. The appellant, at any time after appealing, may apply to the
court to which he has appealed for a stay. The application shall be on
motion after reasonable notice to the Commissioner and a stay pending
the appeal * may for good cause shown be granted, provided the applicant
enter into a proper bond to be determined by the court (not to exceed
$1000) to observe the motor vehicle laws of this Commonwealth unless it
appears to the court that immediate enforcement of the order is essentia
to the public safety.

§ 46.1-487. (a) Any person aggrieved by an order or act of the
Commissioner requiring suspension or revocation of a license or registra-
tion under the provisions of this chapter, may, within thirty days from
the date of such order or act, file a petition of appeal in the Circuit Court
of the city of Richmond or any court of record having jurisdiction in the
city or county wherein such person resides, which said courts shall have
jurisdiction thereof, with a copy of said petition being sent to the Com-
missioner at the time of the filing of the same in the aforesaid court, and
the original shall show by certificate the date of mailing such copy to the
Commissioner. No appeal shall lie in any case in which the revocation of
the license or registration was mandatory except to determine the identity
of the person concerned when the question of identity is in dispute.

(b) Within thirty days thereafter, if such notice of appeal relates to
an order or act of the Commissioner suspending or revoking a license or
registration pursuant to the provisions of §§ * 46.1-480 or * 46.1-486 of
this article, the Commissioner shall transmit to the clerk of the court to
which the appeal is taken:

(1) Acopy of the notice of hearing.

(2) A copy of the order appealed from.

(83) The transcript of the testimony together with a certificate that
it is correct.

(4) The exhibits.

(c) The failure of the Commissioner to transmit the record within
the time allowed shall not prejudice the rights of the appellant. The court,
on motion of the appellant, may enter an order requiring the Commissioner
to transmit the record on or before a certain date.

(d) The court, sitting without a jury, shall hear the appeal on the
record transmitted by the Commissioner and such additional evidence as
may be necessary to resolve any controversy as to the correctness of the
record, and the court shall receive such other evidence as the ends of
justice require.

(e) The court may affirm the decision of the Commissioner or
remand the case for further proceedings; or it may reverse or modify the
decision if the findings, conclusion, or decision of the Commissioner are
(1) in violation of constitutional provisions or (2) in excess of statutory
authority or jurisdiction of the Commissioner; or (3) made upon unlaw-
ful procedure; or (4) affected by other error of law; or (5) unsupported
by the evidence on the record considered as a whole; or (6) arbitrary,
capricious, or an abuse of discretion; or (7) if such other evidence is
heard may affirm, reverse or modify the decision as the ends of justice
require.

(f) The filing of a notice of appeal shall not operate to stay the
enforcement of the order. The appellant, at any time after the filing of his
notice of appeal, may apply to the court to which he has appealed for a
stay. The application shall be on motion after notice to the Commissioner,
and a stay pending the appeal * may for good cause shown be granted,
provided the applicant enter into proper bond in an amount to be deter-
mined by the court (not to exceed $1000) to observe the motor vehicle
laws of this Commonwealth, unless it appears to the court that immediate
enforcement of the order is essential to the public safety. _

(g) From the final decision of the court of record, either the person
who petitioned the court for an appeal or the Commissioner shall have an
appeal as of right to the Supreme Court of Appeals of Virginia.