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.