2006 Code of Virginia § 2.2-4019 - Informal fact finding proceedings

2.2-4019. Informal fact finding proceedings.

A. Agencies shall ascertain the fact basis for their decisions of casesthrough informal conference or consultation proceedings unless the namedparty and the agency consent to waive such a conference or proceeding to godirectly to a formal hearing. Such conference-consultation procedures shallinclude rights of parties to the case to (i) have reasonable notice thereof,(ii) appear in person or by counsel or other qualified representative beforethe agency or its subordinates, or before a hearing officer for the informalpresentation of factual data, argument, or proof in connection with any case,(iii) have notice of any contrary fact basis or information in the possessionof the agency that can be relied upon in making an adverse decision, (iv)receive a prompt decision of any application for a license, benefit, orrenewal thereof, and (v) be informed, briefly and generally in writing, ofthe factual or procedural basis for an adverse decision in any case.

B. Agencies may, in their case decisions, rely upon public data, documents orinformation only when the agencies have provided all parties with advancenotice of an intent to consider such public data, documents or information.This requirement shall not apply to an agency's reliance on case law andadministrative precedent.

(1975, c. 503, 9-6.14:11; 1986, c. 615; 1989, c. 601; 1993, c. 898; 1994,c. 748; 1995, c. 398; 2001, c. 844.)