Administrative Code

Virginia Administrative Code
12/3/2022

12VAC5-462-220. Hearing types.

Article 4
Hearings and Appeals

Hearings before the commissioner or the commissioner's designees shall include any of the forms described in 12VAC5-462-230 or 123VAC5-462-240 depending on the nature of the controversy and the interests of the parties involved.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.16, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-230. Informal hearings.

An informal hearing is a meeting with a district or local health department with the district or local health director presiding and held in conformance with § 9-6.14:11 of the Code of Virginia. The district or local health department shall consider all evidence presented at the meeting which is relevant to the issue in controversy. Presentation of evidence, however, is entirely voluntary. The district or local health department shall have no subpoena power. No verbatim record need be taken at the informal hearing. The local or district health director shall review the facts presented and based on those facts render a decision. A written copy of the decision and the basis for the decision shall be sent to the appellant within 15 working days of the hearing, unless the parties mutually agree to a later date in order to allow the department to evaluate additional evidence. If the decision is adverse to the interests of the appellant, an aggrieved appellant may request an adjudicatory hearing pursuant to 12VAC5-462-240.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.17, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-240. Adjudicatory hearing.

The adjudicatory hearing is a formal, public adjudicatory proceeding before the commissioner, or a designated hearing officer, and held in conformance with § 9-6.14:12 of the Code of Virginia. An adjudicatory hearing includes the following features:

1. Notice.

Notice which states the time and place and the issues involved in the prospective hearing shall be sent to the owner or other person who is the subject of the hearing. Notice shall be sent by certified mail at least 15 calendar days before the hearing is to take place.

2. Record.

A record of the hearing shall be made by a court reporter. A copy of the transcript of the hearing, if transcribed, will be provided within a reasonable time to any person upon written request and payment of the cost.

3. Evidence.

All interested parties may attend the hearing and submit oral and documentary evidence and rebuttal proofs, expert or otherwise, that are material and relevant to the issues in controversy. The admissibility of evidence shall be determined in accordance with § 9-6.14:12 of the Code of Virginia.

4. Counsel.

All parties may be accompanied by and represented by counsel and are entitled to conduct such cross-examination as may elicit a full and fair disclosure of the facts.

5. Subpoena.

Pursuant to § 9-6.14:13 of the Code of Virginia, the commissioner or hearing officer may issue subpoenas on behalf of himself or any person or owner for the attendance of witnesses and the production of books, papers or maps. Failure to appear or to testify or to produce documents without adequate excuse may be reported by the commissioner to the appropriate circuit court for enforcement.

6. Judgment and final order.

The commissioner may designate a hearing officer to conduct the hearing as provided in §§ 9-6.14:12 and 9-6.14:14.1 of the Code of Virginia, and to make written recommended findings of fact and conclusions of law to be submitted for review and final decision by the commissioner. The final decision of the commissioner shall be reduced to writing and will contain the explicit findings of fact upon which his decision is based. Certified copies of the decision shall be delivered to the owner affected by it. Notice of a decision will be served upon the parties and become a part of the record. Service may be by personal service or certified mail return receipt requested.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.18, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-250. Request for hearing.

A request for an informal hearing shall be made by sending the request in writing to the district or local health department. A request for an adjudicatory hearing shall be made in writing and directed to the commissioner at the State Department of Health in Richmond. Requests for hearings shall cite the reason(s) for the hearing request and shall cite the section(s) of this chapter involved.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.19, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-260. Hearing as a matter of right.

Any owner or other person whose rights, duties, or privileges have been or may be affected by any decision of the board or its subordinates in the administration of this chapter shall have a right to both informal and adjudicatory hearings. The commissioner may require participation in informal and adjudicatory hearings. The commissioner may require participation in an informal hearing before granting the request for a full adjudicatory hearing.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.2, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-270. Appeals.

Any request for hearing on the denial of an application for a variance pursuant to 12VAC5-462-190 must be made in writing and received within 60 days of receipt of the denial notice.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.21, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

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