2006 Code of Virginia § 2.2-4009 - Evidentiary hearings on regulations

2.2-4009. Evidentiary hearings on regulations.

Where an agency proposes to consider the exercise of authority to promulgatea regulation, it may conduct or give interested persons an opportunity toparticipate in a public evidentiary proceeding; and the agency shall alwaysdo so where the basic law requires a hearing. Evidentiary hearings may belimited to the trial of factual issues directly related to the legal validityof the proposed regulation in any of the relevant respects outlined in 2.2-4027 of this chapter.

General notice of the proceedings shall be published as prescribed in 2.2-4007. In addition, where the proposed regulation is to be addressed tonamed persons, the latter shall also be given the same notice individually bymail or otherwise if acknowledged in writing. The proceedings may beconducted separately from, and in any event the record thereof shall beseparate from, any other or additional proceedings the agency may choose orbe required to conduct for the reception of general data, views, and argumentpursuant to 2.2-4007 or otherwise. Any probative evidence may be receivedexcept that the agency shall as a matter of efficiency exclude irrelevant,immaterial, insubstantial, privileged, or repetitive proofs, and may denyrebuttal, or cross-examination. Testimony may be admitted in written formprovided those who have prepared it are made available for examination inperson.

The agency or one or more of its subordinates specially designated for thepurpose shall preside at the taking of evidence and may administer oaths andaffirmations. The proceedings shall be recorded verbatim and the recordthereof shall be made available to interested persons for transcription attheir expense or, if transcribed by or for the agency, for inspection orpurchase at cost.

Where subordinates preside at the taking of the evidence, they shall reporttheir recommendations and proposed findings and conclusions that shall bemade available upon request to the participants in the taking of evidence aswell as other interested persons and serve as a basis for exceptions, briefs,or oral argument to the agency itself. Whether or not subordinates take theevidence, after opportunity for the submittal of briefs on request and suchoral argument as may be scheduled, the agency may settle the terms of theregulation and shall promulgate it only upon (i) its findings of fact basedupon the record of evidence made pursuant to this section and facts of whichjudicial notice may be taken, (ii) statements of basis and purpose as well ascomment upon data received in any informational proceedings held under 2.2-4007 and (iii) the conclusions required by the terms of the basic lawunder which the agency is operating.

(1975, c. 503, 9-6.14:8; 1985, c. 602; 2001, c. 844.)