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MAZLOUMI v. DEPARTMENT OF ENVTL. QLTY.

Record No. 0678-09-4.

684 S.E.2d 852 (2009)

55 Va. App. 204

Mohsen MAZLOUMI v. DEPARTMENT OF ENVIRONMENTAL QUALITY.

Court of Appeals of Virginia, Alexandria.

November 17, 2009.

Attorney(s) appearing for the Case

John A. Keats, Fairfax, (Law Offices of John A. Keats, on briefs), for appellant.

David C. Grandis, Assistant Attorney General (William C. Mims, Attorney General; Carl Josephson, Senior Assistant Attorney General, on brief), for appellee.

Present: KELSEY, HALEY and POWELL, JJ.

HALEY, Judge.

I. INTRODUCTION

Appealing the revocation of his license as an automobile emissions inspector by the Department of Environmental Quality ("the Department") as the penalty for conducting fraudulent emissions tests, Mohsen Mazloumi claims (1) the Department's decision lacks a foundation in substantial evidence and (2) the Department has impermissibly altered its position on appeal. We affirm.

II. BACKGROUND

The Department administers...

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