Chapter 10. Procedural Rules for the Conduct of Hearings Before the Virginia Alcoholic Beverage Control Authority and Its Administrative Law Judges
Part I
Hearings Before Administrative Law Judges
3VAC5-10-10. Appearance.
A. Any interested party who would be aggrieved by a decision of the Virginia Alcoholic Beverage Control Authority upon any application or in a disciplinary proceeding may appear and be heard in person, or by duly authorized representative, and produce under oath evidence relevant and material to the matters in issue. Upon due notice a hearing may be conducted by telephone as provided in Part IV (3VAC5-10-410 through 3VAC5-10-470) of this chapter. Hearings may also be conducted virtually.
B. The interested parties will be expected to appear or be represented at the place and on the date of hearing or on the dates to which the hearing may be continued.
C. If an interested party fails to appear at a hearing, the administrative law judge may proceed in the interested party's absence and render a decision.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.1, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-20. Argument.
Oral argument, written argument, or both may be submitted to and limited by the administrative law judge. Oral argument is to be included in the stenographic report of the hearing.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.2, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-30. Attorneys; representation.
Any individual, partnership, association, or corporation that is a licensee or applicant for any license or any interested party shall have the right to be represented by counsel at any Virginia Alcoholic Beverage Control Authority hearing for which the licensee or applicant has received notice. The licensee, applicant, or interested party shall not be required to be represented by counsel during such hearing. Any officer or director of a corporation may examine, cross-examine, and question witnesses, present evidence on behalf of the corporation, draw conclusions, and make arguments before the administrative law judges.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.3, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-40. Communications.
Communications regarding hearings before administrative law judges upon licenses and applications for licenses should be addressed to the Chief Clerk, Hearings, Appeals, and Judicial Services Division.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.4, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-50. Complaints.
The Virginia Alcoholic Beverage Control Authority, in its discretion and for good cause shown, may arrange a hearing upon the complaint of any aggrieved party against the continuation of a license. The complaint shall be in writing directed to the Chief of the Bureau of Law Enforcement, setting forth the name and post office address of the person against whom the complaint is filed, together with a concise statement of all the facts necessary to an understanding of the grievance and a statement of the relief desired.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.5, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-60. Continuances.
Motions to continue a hearing will be granted as in actions at law. Requests for continuances should be addressed to the Chief Administrative Law Judge, Hearings, Appeals, and Judicial Services Division or the administrative law judge who will preside over the hearing.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.6, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-70. Decisions.
A. Initial decisions. The decision of the administrative law judge shall be deemed the initial decision, shall be a part of the record, and shall include:
1. A statement of the administrative law judge's findings of fact and conclusions, as well as the reasons or bases for the findings, upon all the material issues of fact, law, or discretion presented on the record; and
2. The appropriate rule, order, sanction, relief, or denial thereof as to each such issue.
B. Summary decisions. At the conclusion of a hearing, the administrative law judge, in the administrative law judge's discretion, may announce the initial decision to the interested parties.
C. Notice. At the conclusion of any hearing, the administrative law judge shall advise interested parties that the initial decision will be reduced to writing and the notice of such decision, along with notice of the right to appeal to the Virginia Alcoholic Beverage Control Authority (authority), will be mailed to the interested party or the interested party's representative and filed with the authority in due course. (See 3VAC5-10-240 for Appeals).
D. Prompt filing. The initial decision shall be reduced to writing; mailed to interested parties at the address on record with the authority by certified mail, return receipt requested, and by regular mail; and filed with the authority as promptly as possible after the conclusion of the hearing or the expiration of the time allowed for the receipt of additional evidence.
E. Request for early or immediate decision. Where the initial decision is deemed to be acceptable, an interested party may file, either orally before the administrative law judge or in writing, a waiver of the interested party's right of appeal to the authority and request early or immediate implementation of the initial decision. The authority or administrative law judge may grant the request for early or immediate implementation of the decision by causing issuance or surrender of the license and prompt entry of the appropriate order.
F. Timely review. The authority shall review the initial decision and may render a proposed decision, which may adopt, modify, or reject the initial decision unless immediate implementation is ordered. In any event, the authority shall issue notice of any proposed decision, along with notice of right to appeal, within the time provided for appeals as stated in 3VAC5-10-240.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.7, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 17, Issue 10, eff. February 28, 2001; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-80. Docket.
Cases will be placed upon the docket in the order in which they mature except that, for good cause shown or for reasons appearing to the Virginia Alcoholic Beverage Control Authority or to the chief administrative law judge, the order may be varied.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.8, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-90. Evidence.
A. Generally. All relevant and material evidence shall be received, except that:
1. The rules relating to privileged communications and privileged topics shall be observed; and
2. Secondary evidence of the contents of a document shall be received only if the original is not readily available. In deciding whether a document is readily available, the administrative law judge shall balance the importance of the evidence against the difficulty of obtaining it, and the more important the evidence, the more effort should be made to have the original document produced.
B. Cross-examination. Subject to the provisions of subsection A of this section, any interested party shall have the right to cross-examine adverse witnesses and any agent or subordinate of the Virginia Alcoholic Beverage Control Authority (authority) whose report is in evidence and to submit rebuttal evidence, except that:
1. Where the interested party is represented by counsel, only counsel shall exercise the right of cross-examination;
2. Where there is more than one interested party, only counsel or the other interested parties shall exercise the right of cross-examination; and
3. Where there is more than one group of interested parties present for the same purpose, only counsel or the interested party designated to represent each group shall exercise the right of cross-examination. If the administrative law judge deems it necessary, in order to expedite the proceedings, a merger of such groups shall be arranged.
C. Cumulative testimony. The introduction of cumulative, corroborative, or collateral evidence shall be avoided. The administrative law judge may limit the testimony of any witness that is judged to be cumulative, corroborative, or collateral; however, the interested party offering such testimony may make a short avowal of the testimony that would be given and, if the witness asserts that such avowal is true, this avowal shall be made a part of the stenographic report.
D. Subpoenas, depositions, and request for admissions. Subpoenas, depositions de bene esse, and requests for admissions may be taken, directed, and issued in accordance with § 2.2-4022 and subdivision 21 of § 4.1-103 of the Code of Virginia.
E. Stenographic report. All evidence, stipulations, and argument in the stenographic report that are relevant to the matters in issue shall be deemed to have been introduced for the consideration of the administrative law judge or the authority.
F. Stipulations. Insofar as possible, interested parties will be expected to stipulate as to any facts involved. Such stipulations shall be made a part of the stenographic report.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.9, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-100. Hearings; penalty.
A. Hearings before the administrative law judge shall be held, insofar as practicable, at the county seat of the county in which the establishment of the applicant or licensee is located, or, if the establishment is located within the corporate limits of any city, then in such city. However, if it is located in a county or city within a metropolitan area in which the Virginia Alcoholic Beverage Control Authority maintains a hearing room in a district office, such hearings may be held in such hearing room. Notwithstanding this subsection, administrative law judges may conduct hearings at locations convenient to the greatest numbers of persons in order to expedite the hearing process. Hearings may also be held via telephone or virtually.
B. At any hearing held by an administrative law judge, any person hindering the orderly conduct or decorum of the hearing shall be guilty of a violation of this regulation and shall be subject to the penalty prescribed by § 4.1-349 of the Code of Virginia.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.10, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-110. Administrative law judges.
A. Administrative law judges are charged with the duty of conducting fair and impartial hearings and of maintaining order in a form and manner consistent with the dignity of the Virginia Alcoholic Beverage Control Authority (authority).
B. Each administrative law judge shall have authority, subject to the published rules of the authority and within its powers, to:
1. Administer oaths and affirmations;
2. Issue subpoenas as authorized by law;
3. Rule upon offers of proof and receive relevant and material evidence;
4. Take or cause depositions and interrogatories to be taken, directed, and issued;
5. Examine witnesses and otherwise regulate the course of the hearing;
6. Hold conferences for the settlement or simplification of issues by consent of interested parties;
7. Dispose of procedural requests and similar matters;
8. Amend the issues or add new issues, provided the applicant or licensee expressly waives notice thereof. The waiver shall be made a part of the stenographic report of the hearing;
9. Submit initial decisions to the authority and to other interested parties or representatives;
10. Take any other action authorized by the rules of the authority;
11. Conduct mediation between interested parties; and
12. Require the designation of an interested person to act as a representative for proceedings involving groups of individuals present for the same purpose.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.11, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-120. Interested parties.
As used in this chapter, "interested parties" shall mean the following persons:
1. The applicant;
2. The licensee;
3. Persons who would be aggrieved by a decision of the Virginia Alcoholic Beverage Control Authority (authority); and
4. For purposes of appeal pursuant to 3VAC5-10-240, interested parties shall be only those persons who appeared at and asserted an interest in the hearing before an administrative law judge.
Where in this chapter reference is made to "licensee," the term likewise shall be applicable to a permittee (i.e., a person that holds or held a permit issued by the authority) or a designated manager to the extent that this chapter is not inconsistent with the statutes and regulations relating to such persons.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.12, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-130. Motions or requests.
Motions or requests for ruling made prior to the hearing before an administrative law judge shall be in writing; addressed to the Chief Administrative Law Judge, Hearings, Appeals, and Judicial Services Division; and shall state with reasonable certainty the grounds for the motion or request for ruling. Argument upon such motions or requests will not be heard without special leave granted by the administrative law judge who will preside over the hearing.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.13, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-140. Notice of hearings.
Interested parties shall be afforded reasonable notice of a pending hearing. The notice shall state the time, place and issues involved.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.14, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994.
3VAC5-10-150. Consent settlement.
A. Generally. The Virginia Alcoholic Beverage Control Authority (authority) or the authority's designee may offer to resolve disciplinary cases when the nature of the proceeding and public interest permit. In appropriate cases, the authority or the authority's designee will extend an offer for a consent settlement to the licensee.
B. Who may accept. The licensee or the licensee's attorney may accept an offer of consent settlement. If the licensee is a corporation, only an attorney or an officer, director, or majority stockholder of the corporation may accept an offer of consent settlement.
C. How to accept. The licensee shall return the properly executed consent order along with the payment in full of any monetary penalty no later than 21 calendar days from the date of mailing by the authority. Failure to respond within the time period will result in a withdrawal of the offer by the agency and a formal hearing will be held on the date specified in the notice of hearing.
D. Effect of acceptance. Acceptance of the consent settlement offer shall constitute an admission of the alleged violation of the Alcoholic Beverage Control Act (§ 4.1-100 et seq. of the Code of Virginia) or authority regulations and will result in a waiver of the right to a formal hearing and the right to appeal or otherwise contest the charges. The offer of consent settlement is not negotiable; however, the licensee is not precluded from submitting an offer in compromise under 3VAC5-10-160.
E. Authority review. Prior to extending an offer of consent settlement to the licensee, the authority or the authority's designee may reject any proposed settlement that is contrary to law or policy or that, in the authority's sole discretion, is not appropriate.
F. Record. Unaccepted offers of consent settlement will become a part of the record only after completion of the hearing process.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.15, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 35, Issue 2, eff. November 1, 2018; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-160. Offers in compromise and negotiations.
A. Following notice of a disciplinary proceeding, a licensee may be afforded opportunity for the submission of an offer in compromise in lieu of suspension or in addition thereto, or in lieu of revocation of the license, where, in the discretion of the Virginia Alcoholic Beverage Control Authority (authority), the nature of the proceeding and the public interest permit. Such offer should be addressed to the chief administrative law judge. Acceptance of the offer in compromise shall constitute an admission of the alleged violation of the Alcoholic Beverage Control Act (§ 4.1-100 et seq. of the Code of Virginia) or authority regulations and shall result in a waiver of the right to a formal hearing and the right to appeal or otherwise contest the charges. The reason for the acceptance of such an offer shall be made a part of the record of the proceeding. Unless good cause is shown, continuances for purposes of considering an offer in compromise will not be granted. Offers in compromise may be submitted anytime following notice of a disciplinary proceeding and before the authority issues a final decision in an appeal. The authority may waive any provision of this section for good cause shown.
B. Following notice of a disciplinary proceeding or objection from the authority to the issuance of a license, a licensee or applicant in conjunction with the authority may agree to a negotiated resolution in lieu of a suspension or in addition thereto, in lieu of revocation of the license, or in lieu of a denial of the application where, in the discretion of the authority, the nature of the proceeding and the public interest permit. Such negotiation shall be handled by the interested party and the authority. Acceptance of a negotiated resolution may constitute an admission of the alleged violation of the Alcoholic Beverage Control Act or authority regulations and shall result in a waiver of the right to a formal hearing and the right to appeal or otherwise contest the charges or objections. Unless good cause is shown, continuances for purposes of finalizing a negotiated resolution will not be granted. Negotiated resolutions may be submitted anytime following notice of a disciplinary proceeding or objections hearing and before the authority issues a final decision in an appeal.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.16, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 35, Issue 1, eff. October 22, 2018; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-170. Record.
A. The certified transcript of testimony, argument, and exhibits, together with all papers and requests filed in the proceeding, shall constitute the exclusive record of the initial decision.
B. Upon due application made to the chief administrative law judge, copies of the record of a hearing shall be made available to parties entitled thereto at a fee established by the Virginia Alcoholic Beverage Control Authority.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.17, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-180. Rehearings.
No rehearing before an administrative law judge shall be held in any matter unless it is affirmatively shown that relevant and material evidence, which ought to produce an opposite result on rehearing, is available; is not merely cumulative, corroborative, or collateral; and could not have been discovered before the original hearing by the use of ordinary diligence, provided that the Virginia Alcoholic Beverage Control Authority, in its discretion, may cause a rehearing to be held before an administrative law judge in the absence of the foregoing conditions, as provided in 3VAC5-10-290.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.18, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-190. Self-incrimination.
If any witness subpoenaed to appear on behalf of the Virginia Alcoholic Beverage Control Authority (authority) shall testify in a hearing before an administrative law judge on complaints against a licensee as to any violation in which the witness, as a licensee or an applicant, has participated, such testimony shall not be used against the witness. The authority shall take no administrative action against the witness for the offense to which the witness testifies.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.19, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-200. Subpoenas.
Upon request of any interested party, the chief administrative law judge or an administrative law judge is authorized to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents at a hearing before an administrative law judge.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.20, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-210. Witnesses.
A. Interested parties shall arrange to have their witnesses present at the time and place designated for the hearing.
B. Upon request of any party entitled to cross-examine witnesses, as set forth in 3VAC5-10-90 B, the administrative law judge may separate the witnesses, including agents of the Virginia Alcoholic Beverage Control Authority (authority).
C. A person subpoenaed as a witness to appear on behalf of the authority shall be entitled to the same allowance for expenses as witnesses for the Commonwealth in criminal cases.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.21, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-220. Pre-hearing conferences.
A. A pre-hearing conference will be conducted when an applicant for a license or a licensee who is the subject of a disciplinary proceeding does not waive the right to such a conference. A waiver may be verbal or in writing. Unless the parties are advised otherwise, the Virginia Alcoholic Beverage Control Authority (authority) will automatically waive the pre-hearing conference when the applicant or licensee does so. When the applicant or licensee is offered a pre-hearing conference and fails to respond within 10 calendar days after the date of such offer, the pre-hearing conference will be deemed to be waived.
B. The pre-hearing conference will serve as a vehicle to acquaint the interested party, in a general way, with the nature of the charges or objections and the evidence in support of the charges or objections, to hear any matters relevant thereto presented by the interested parties, and to explore whether (i) administrative proceedings or objections should be terminated or (ii) the case should proceed to formal hearing and stipulations can be reached. The conference will be open to the public, but participation will be limited to the interested parties, the interested parties' attorneys-at-law or other qualified representatives, and designated authority representatives. The pre-hearing conference may be held virtually or by telephone and at least five days prior to the formal hearing. The conference may be held, when practical, at the county or city in which the establishment of the applicant or licensee is located. Reasonable notice of administrative charges or objections and the date, time, and place of the conference shall be given to the participants. The failure of the applicant or licensee to appear at a scheduled conference will be deemed a waiver of the pre-hearing conference. The pre-hearing conference will not be recorded. Sworn testimony will not be taken, nor will subpoenas be issued. Any initial decision will include a summary of the pre-hearing conference.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.22, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 35, Issue 1, eff. October 22, 2018; Volume 38, Issue 9, eff. February 7, 2022; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-230. Virginia Alcoholic Beverage Control Authority representation.
The Chief of the Bureau of Law Enforcement Operations or a designee may (i) represent the Bureau of Law Enforcement before the Virginia Alcoholic Beverage Control Authority (authority) or any administrative law judge; (ii) petition the authority for modification of the administrative law judge's decision; or (iii) request a ruling on other motions as may be necessary. This authority does not extend to complaints under the Franchise Acts.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 1.23, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 41, Issue 10, eff. January 29, 2025.
Part II
Hearings Before the Virginia Alcoholic Beverage Control Authority
3VAC5-10-240. Appeals.
A. An interested party may appeal to the Virginia Alcoholic Beverage Control Authority (authority) an adverse initial decision, including the findings of fact and the conclusions, of an administrative law judge or a proposed decision, or any portion of a proposed decision, of the authority, provided a request in writing identifying any alleged errors in the decision is received within 30 days after the date of mailing of the initial decision or the proposed decision, whichever is later.
B. An interested party may submit written exceptions to the initial or proposed decision within the 30-day period and waive further hearing proceedings.
C. If an interested party fails to appear at a hearing, the authority may proceed in the interested party's absence and render a decision.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 2.1, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 17, Issue 9, eff. February 28, 2001; Volume 34, Issue 24, eff. September 10, 2018; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-250. Attorneys; representation.
Any individual, partnership, association, or corporation that is a licensee or applicant for any license or any interested party shall have the right to be represented by counsel at any Virginia Alcoholic Beverage Control Authority (authority) hearing for which the licensee, applicant, or interested party has received notice. The licensee, applicant, or interested party shall not be required to be represented by counsel during such hearing. Any officer or director of a corporation may examine, cross-examine, and question witnesses; present evidence on behalf of the corporation; draw conclusions; and make arguments before the authority.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 2.2, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-260. Communications.
Communications regarding appeal hearings upon licenses and applications for licenses should be addressed to the Chief Clerk of the Hearing, Appeals, and Judicial Services Division.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 2.3, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-270. Continuances.
Continuances will be granted as in actions at law. Requests for continuances of appeal hearings should be addressed to the Chief Clerk of the Hearings, Appeals, and Judicial Services Division.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 2.4, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-280. Decision of the Virginia Alcoholic Beverage Control Authority.
The final decision of the Virginia Alcoholic Beverage Control Authority, together with any written opinion, should be transmitted to each interested party or to the interested party's representative.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 2.5, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-290. Evidence.
A. Generally. Subject to the exceptions permitted in this section, and to any stipulations agreed to by all interested parties, all evidence should be introduced at hearings before administrative law judges.
B. Additional evidence. Should the appeal panel or Virginia Alcoholic Beverage Control Authority (authority) determine at an appeal hearing, either upon motion or otherwise, that it is necessary or desirable that additional evidence be taken, the appeal panel may:
1. Direct an administrative law judge to fix a time and place for the taking of such evidence within the limits prescribed by the authority and in accordance with 3VAC5-10-180; and
2. Upon unanimous consent of the appeal panel, permit the introduction of after-discovered or new evidence at the appeal hearing.
If the initial decision indicates that the qualifications of the establishment of an applicant or licensee are such as to cast substantial doubt upon the eligibility of the place for a license, evidence may be received at the appeal hearing limited to the issue involved and to the period of time subsequent to the date of the hearing before the administrative law judge.
C. Examination. Any appeal panel member may examine a witness upon any question relevant to the matters in issue.
D. Cross-examination. The right to cross-examine and the submission of rebuttal evidence as provided in 3VAC5-10-90 shall be allowed in any appeal hearing where the introduction of additional evidence is permitted.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 2.6, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 35, Issue 1, eff. October 22, 2018; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-300. Hearings.
Hearings before the Virginia Alcoholic Beverage Control Authority or appeal panel in the absence of notice to the contrary will be held in the office of the Virginia Alcoholic Beverage Control Authority, Virginia A.B.C. Building, 7450 Freight Way, Mechanicsville, Virginia 23116.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 2.7, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 38, Issue 6, eff. December 8, 2021; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-310. Motions or requests.
Motions or requests for rulings made after a hearing before an administrative law judge and prior to an appeal hearing before the Virginia Alcoholic Beverage Control Authority (authority) shall be in writing, addressed to the Chief Clerk of the Hearings, Appeals, and Judicial Services Division, and shall state with reasonable certainty the grounds for the motion or request for ruling. Argument upon such motions or requests will not be heard without special leave granted by the authority.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 2.8, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-320. Notice of hearing.
Reasonable notice of the time and place of an appeal hearing shall be given to each interested party who appeared at the initial hearing or the interested party's representative.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 2.9, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-330. Record.
A. The record of the hearing before the administrative law judge, including the initial decision, and the transcript of testimony, argument, and exhibits together with all papers and requests filed in the proceeding before the Virginia Alcoholic Beverage Control Authority (authority) shall constitute the exclusive record for the final decision of the authority.
B. Upon due application made to the Chief Clerk of the Hearings, Appeals, and Judicial Services Division, copies of the record, including the decision of the authority and any opinion setting forth the reasons for the decision, shall be made available to parties entitled thereto at a rate established by the authority.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 2.10, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-340. (Repealed.)
Historical Notes
Derived from VR125-01-1 § 2.11, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; repealed, Virginia Register Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-350. Scope of hearing.
A. Except as provided in 3VAC5-10-290, the appeal hearing shall be limited to the record made before the administrative law judge.
B. The provisions of Part I (3VAC5-10-10 through 3VAC5-10-230) of this chapter shall be applicable to proceedings held under this part except to the extent such provisions are inconsistent with this part.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 2.12, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
Part III
Wine and Beer Franchise Acts
3VAC5-10-360. Complaints.
Complaints shall be referred in writing to the Chief Clerk of the Hearings, Appeals, and Judicial Services Division.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 3.1, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-370. Hearings.
Hearings will be conducted in accordance with the provisions of Part I (3VAC5-10-10 through 3VAC5-10-230) of this chapter. Further, the Virginia Alcoholic Beverage Control Authority (authority) and the administrative law judges designated by the authority may require an accounting to be submitted by each party in determining an award of costs and attorney fees.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 3.2, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-380. Appeals.
The decision of the administrative law judge may be appealed to the Virginia Alcoholic Beverage Control Authority as provided in 3VAC5-10-240. Appeals shall be conducted in accordance with the provisions of Part II (3VAC5-10-240 through 3VAC5-10-350) of this chapter.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 3.3, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-390. Hearings on notification of price increases.
Upon receipt from a winery, brewery, or wine or beer importer of a request for notice of a price increase less than 30 days in advance, a hearing will be scheduled before the Virginia Alcoholic Beverage Control Authority (authority), not an administrative law judge, as soon as practicable with five-day notice to all parties, which include, at a minimum, all the wholesalers selling the winery or brewery's product. There will be no continuances granted and the authority must rule within 24 hours of the hearing.
Statutory Authority
§§ 4.1-103, 4.1-108, 4.1-109, 4.1-111, 4.1-319, 4.1-350, 4.1-400 et seq., 4.1-500 et seq., and 9-6.14:1 et seq. of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 3.4, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-400. Discovery, prehearing procedures and production at hearings; definitions.
The Rules of the Supreme Court of Virginia Parts One, One A, Two, Two A, Three, and Four shall apply in all proceedings under the Wine and Beer Franchise Acts, Chapters 4 (§ 4.1-400 et seq.) and 5 (§ 4.1-500 et seq.) of Title 4.1 of the Code of Virginia, including mediation and arbitration proceedings when necessary pursuant to §§ 4.1-409 and 4.1-508 of the Code of Virginia. Any references to a "court" contained in the rules shall be deemed to mean the administrative law judge or officers of the Virginia Alcoholic Beverage Control Authority conducting the proceeding.
No provision of this section shall affect the practice of taking evidence at a hearing, but such practice, including that of generally taking evidence ore tenus only at hearings before administrative law judges, shall continue unaffected hereby.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 3.5, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 34, Issue 24, eff. September 10, 2018; Volume 41, Issue 10, eff. January 29, 2025.
Part IV
Telephone Hearings
3VAC5-10-410. Applicability.
The Virginia Alcoholic Beverage Control Authority (authority) and its administrative law judges may conduct hearings by telephone only when the applicant or licensee expressly waives the in-person hearing. The authority will determine whether or not certain hearings might practically be conducted by telephone. The provisions of Part I (3VAC5-10-10 through 3VAC5-10-230) of this chapter shall apply only to Part IV (3VAC5-10-410 through 3VAC5-10-470) of this chapter where applicable.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 4.1, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-420. Appearance.
The interested parties will be expected to be available by telephone at the time set for the hearing and may produce, under oath, evidence relevant and material to the matters in issue. The Virginia Alcoholic Beverage Control Authority will arrange for telephone conference calls at its expense.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 4.2, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-430. Argument.
Oral or written argument may be submitted to and limited by the administrative law judge. Oral argument is to be included in the stenographic report of the hearing. Written argument, if any, must be submitted to the administrative law judge and other interested parties in advance of the hearing.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 4.3, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-440. Documentary evidence.
Documentary evidence that an interested party desires to be considered by the administrative law judge must be submitted to the administrative law judge and other interested parties in advance of the hearing.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 4.4, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-450. Hearings.
A. Telephone hearings will usually originate from the central office of the Virginia Alcoholic Beverage Control Authority in Mechanicsville, Virginia, but may originate from other locations. An interested party may participate from the location of the interested party's choice where a telephone is available. If an interested party is not available by telephone at the time set for the hearing, the hearing may be conducted in the interested party's absence.
B. If at any time during a telephone hearing, the administrative law judge determines that the issues are so complex that a fair and impartial hearing cannot be accomplished, the administrative law judge shall adjourn the telephone hearing and reconvene an in-person hearing as soon as practicable.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 4.5, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.
3VAC5-10-460. Notice of hearing.
Interested parties shall be afforded reasonable notice of a pending hearing. The notice shall state the time, issues involved, and the telephone number where the applicant/licensee can be reached.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 4.6, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994.
3VAC5-10-470. Witnesses.
Interested parties shall arrange to have their witnesses present at the time designated for the telephone hearing, or should supply a telephone number where the witnesses can be reached, if different from that of the interested party.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-1 § 4.7, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994.
3VAC5-10-480. (Repealed.)
Historical Notes
Derived from VR125-01-1 § 5.1, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; repealed, Virginia Register Volume 25, Issue 6, eff. December 24, 2008.
3VAC5-10-490. Mediation.
A. Upon consent of all interested parties, the Virginia Alcoholic Beverage Control Authority (authority) may afford the parties an opportunity to resolve appropriate cases through mediation.
B. The mediations may be conducted by an administrative law judge of the authority.
C. If the mediation is unsuccessful, the matter may proceed to a formal hearing. The administrative law judge who conducted the mediation shall not preside over the formal hearing.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 10, eff. January 29, 2025.
Documents Incorporated by Reference (3VAC5-10)
Rules of the Supreme Court of Virginia, Part One: General Rules Applicable to All Proceedings
Rules of the Supreme Court of Virginia, Part One A: Foreign Attorneys
Rules of the Supreme Court of Virginia, Part Two: Virginia Rules of Evidence
Rules of the Supreme Court of Virginia, Part Three: Practice and Procedures in Civil Actions