2006 Code of Virginia § 2.2-4024 - Hearing officers

2.2-4024. Hearing officers.

A. In all formal hearings conducted in accordance with 2.2-4020, thehearing shall be presided over by a hearing officer selected from a listprepared by the Executive Secretary of the Supreme Court and maintained inthe Office of the Executive Secretary of the Supreme Court. Parties toinformal fact-finding proceedings conducted pursuant to 2.2-4019 may agreeat the outset of the proceeding to have a hearing officer preside at theproceeding, such agreement to be revoked only by mutual consent. TheExecutive Secretary may promulgate rules necessary for the administration ofthe hearing officer system and shall have the authority to establish thenumber of hearing officers necessary to preside over administrative hearingsin the Commonwealth.

Prior to being included on the list, all hearing officers shall meet thefollowing minimum standards:

1. Active membership in good standing in the Virginia State Bar;

2. Active practice of law for at least five years; and

3. Completion of a course of training approved by the Executive Secretary ofthe Supreme Court. In order to comply with the demonstrated requirements ofthe agency requesting a hearing officer, the Executive Secretary may requireadditional training before a hearing officer shall be assigned to aproceeding before that agency.

B. On request from the head of an agency, the Executive Secretary shall namea hearing officer from the list, selected on a rotation system administeredby the Executive Secretary. Lists reflecting geographic preference andspecialized training or knowledge shall be maintained by the ExecutiveSecretary if an agency demonstrates the need.

C. A hearing officer shall voluntarily disqualify himself and withdraw fromany case in which he cannot accord a fair and impartial hearing orconsideration, or when required by the applicable rules governing thepractice of law in the Commonwealth. Any party may request thedisqualification of a hearing officer by filing an affidavit, prior to thetaking of evidence at a hearing, stating with particularity the grounds uponwhich it is claimed that a fair and impartial hearing cannot be accorded, orthe applicable rule of practice requiring disqualification.

The issue shall be determined not less than ten days prior to the hearing bythe Executive Secretary of the Supreme Court.

D. Any hearing officer empowered by the agency to provide a recommendation orconclusion in a case decision matter shall render that recommendation orconclusion within ninety days from the date of the case decision proceedingor from a later date agreed to by the named party and the agency. If thehearing officer does not render a decision within ninety days, then the namedparty to the case decision may provide written notice to the hearing officerand the Executive Secretary of the Supreme Court that a decision is due. Ifno decision is made within thirty days from receipt by the hearing officer ofthe notice, then the Executive Secretary of the Supreme Court shall removethe hearing officer from the hearing officer list and report the hearingofficer to the Virginia State Bar for possible disciplinary action, unlessgood cause is shown for the delay.

E. The Executive Secretary shall remove hearing officers from the list, upona showing of cause after written notice and an opportunity for a hearing.When there is a failure by a hearing officer to render a decision as requiredby subsection D, the burden shall be on the hearing officer to show goodcause for the delay. Decisions to remove a hearing officer may be reviewed bya request to the Executive Secretary for reconsideration, followed byjudicial review in accordance with this chapter.

F. This section shall not apply to hearings conducted by (i) any commissionor board where all of the members, or a quorum, are present; (ii) theAlcoholic Beverage Control Board, the Virginia Workers' CompensationCommission, the State Corporation Commission, the Virginia EmploymentCommission, the Department of Motor Vehicles under Title 46.2 ( 46.2-100 etseq.), 58.1-2409, or Chapter 27 ( 58.1-2700 et seq.) of Title 58.1, or theMotor Vehicle Dealer Board under Chapter 15 ( 46.2-1500 et seq.) of Title46.2; or (iii) any panel of a health regulatory board convened pursuant to 54.1-2400, including any panel having members of a relevant advisory board tothe Board of Medicine. All employees hired after July 1, 1986, pursuant to 65.2-201 and 65.2-203 by the Virginia Workers' Compensation Commission toconduct hearings pursuant to its basic laws shall meet the minimumqualifications set forth in subsection A. Agency employees who are notlicensed to practice law in the Commonwealth, and are presiding as hearingofficers in proceedings pursuant to clause (ii) shall participate in periodictraining courses.

G. Notwithstanding the exemptions of subsection A of 2.2-4002, this articleshall apply to hearing officers conducting hearings of the kind described in 2.2-4020 for the Department of Game and Inland Fisheries, the VirginiaHousing Development Authority, the Milk Commission and the Virginia ResourcesAuthority pursuant to their basic laws.

(1986, c. 615, 9-6.14:14.1; 1988, c. 865; 1990, c. 219; 1991, c. 214; 1992,c. 659; 1993, c. 898; 1995, cc. 744, 776, 803, 805; 1996, cc. 189, 205, 639,658; 2001, c. 844; 2002, cc. 448, 698.)