2006 Code of Virginia § 2.2-4020 - Formal hearings; litigated issues

2.2-4020. Formal hearings; litigated issues.

A. The agency shall afford opportunity for the formal taking of evidence uponrelevant fact issues in any case in which the basic laws provide expresslyfor decisions upon or after hearing and may do so in any case to the extentthat informal procedures under 2.2-4019 have not been had or have failed todispose of a case by consent.

B. Parties to formal proceedings shall be given reasonable notice of the (i)time, place, and nature thereof, (ii) basic law under which the agencycontemplates its possible exercise of authority, and (iii) matters of factand law asserted or questioned by the agency. Applicants for licenses,rights, benefits, or renewals thereof have the burden of approaching theagency concerned without such prior notice but they shall be similarlyinformed thereafter in the further course of the proceedings whether pursuantto this section or to 2.2-4019.

C. In all such formal proceedings the parties shall be entitled to beaccompanied by and represented by counsel, to submit oral and documentaryevidence and rebuttal proofs, to conduct such cross-examination as may elicita full and fair disclosure of the facts, and to have the proceedingscompleted and a decision made with dispatch. The burden of proof shall beupon the proponent or applicant. The presiding officers at the proceedingsmay (i) administer oaths and affirmations, (ii) receive probative evidence,exclude irrelevant, immaterial, insubstantial, privileged, or repetitiveproofs, rebuttal, or cross-examination, rule upon offers of proof, andoversee a verbatim recording of the evidence, (iii) hold conferences for thesettlement or simplification of issues by consent, (iv) dispose of proceduralrequests, and (v) regulate and expedite the course of the hearing. Where ahearing officer presides, or where a subordinate designated for that purposepresides in hearings specified in subsection F of 2.2-4024, he shallrecommend findings and a decision unless the agency shall by its proceduralregulations provide for the making of findings and an initial decision by thepresiding officers subject to review and reconsideration by the agency onappeal to it as of right or on its own motion. The agency shall givedeference to findings by the presiding officer explicitly based on thedemeanor of witnesses.

D. Prior to the recommendations or decisions of subordinates, the partiesconcerned shall be given opportunity, on request, to submit in writing forthe record (i) proposed findings and conclusions and (ii) statements ofreasons therefor. In all cases, on request, opportunity shall be afforded fororal argument (i) to hearing officers or subordinate presiding officers, asthe case may be, in all cases in which they make such recommendations ordecisions or (ii) to the agency in cases in which it makes the originaldecision without such prior recommendation and otherwise as it may permit inits discretion or provide by general rule. Where hearing officers orsubordinate presiding officers, as the case may be, make recommendations ordecisions, the agency shall receive and act on exceptions thereto.

E. All decisions or recommended decisions shall be served upon the parties,become a part of the record, and briefly state or recommend the findings,conclusions, reasons, or basis therefor upon the evidence presented by therecord and relevant to the basic law under which the agency is operatingtogether with the appropriate order, license, grant of benefits, sanction,relief, or denial thereof.

(1975, c. 503, 9-6.14:12; 1986, c. 615; 1991, c. 584; 1993, c. 898; 1995,c. 398; 2001, c. 844.)