Va. Sup. Ct. R. 2A:3

(a) If a formal hearing was held before the agency, the appellant must deliver to the

agency secretary with his notice of appeal, or within 30 days thereafter, a transcript of the

testimony if it was taken down in writing, or if it was not taken down in writing, a

statement of the testimony in narrative form. If the agency secretary deems the statement

inaccurate, he may append a further statement specifying the inaccuracies.

(b) The agency secretary must prepare and certify the record as soon as possible

after the notice of appeal and transcript or statement of testimony is filed and served.

Once the court has entered an order overruling any motions, demurrers and other pleas

filed by the agency, or if none have been filed within the time provided by Rule 3:8 for

the filing of a response to the process served under Rule 2A:4, the agency secretary must,

as soon as practicable or within such time as the court may order, transmit the record to

the clerk of the court named in the notice of appeal. In the event of multiple appeals in

the same proceeding, only one record need be prepared and it must be transmitted to the

clerk of the court named in the first notice of appeal filed. If there are multiple appeals to

different courts from the same regulation or case decision, all such appeals will be

transferred to and heard by the court having jurisdiction that is named in the notice of

appeal that is the first to be filed. The agency secretary must notify all parties in writing

when the record is transmitted, naming the court to which it is transmitted. Papers filed in

any other clerk's office must be forwarded by such clerk to the proper clerk's office.

(c) The record on appeal from an agency proceeding consists of all notices of

appeal, any application or petition, all orders or regulations promulgated in the

proceeding by the agency, the opinions, the transcript or statement of the testimony filed

by appellant, and all exhibits accepted or rejected, together with such other material as

may be certified by the agency secretary to be a part of the record.

(d) Upon the adoption of standards for the preparation of electronic or digital

records for use in appeals, records under this Rule must comply with such standards.

(e) In the event the agency secretary determines that the record is so voluminous that

its certification and filing pursuant to part (b) of this Rule would be unduly burdensome

upon the agency or upon the clerk of the court, the agency may, prior to and in lieu of

filing the entire record, move the court for leave to file an index to such record. A party

must have the opportunity to respond to the agency’s motion within 10 days of filing the

motion. Thereafter, if the court grants the agency’s motion, the record, or such parts

thereof as the parties may agree upon or as the court may determine, must be filed in the

form of a joint appendix or in such other form as the court may direct. The agency must

nevertheless retain the entire record and make it available to the parties on reasonable

request during the pendency of the appeal.