Part II. Hearings Before the Board
3VAC5-10-240. Appeals.
A. An interested party may appeal to the board an adverse initial decision, including the findings of fact and the conclusions, of a hearing officer or a proposed decision, or any portion thereof, of the board provided a request therefor 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. At his option, 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 board may proceed in his 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.
3VAC5-10-250. Attorneys; representation.
Any individual, partnership, association or corporation who is a licensee or applicant for any license or any interested party shall have the right to be represented by counsel at any board hearing for which he 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 board.
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.
3VAC5-10-260. Communications.
Communications regarding appeal hearings upon licenses and applications for licenses should be addressed to the secretary to the board.
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.
3VAC5-10-270. Continuances.
Continuances will be granted as in actions at law. Requests for continuances of appeal hearings should be addressed to the secretary to the board.
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.
3VAC5-10-280. Decision of the board.
The final decision of the board, together with any written opinion, should be transmitted to each interested party or to his 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.
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 hearing officers.
B. Additional evidence. Should the appeal panel 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 that a hearing officer fix a time and place for the taking of such evidence within the limits prescribed by the board 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 hearing officer.
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.
3VAC5-10-300. Hearings.
Hearings before the board in the absence of notice to the contrary will be held in the office of the board, 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.
3VAC5-10-310. Motions or requests.
Motions or requests for rulings, made after a hearing before a hearing officer and prior to an appeal hearing before the board, shall be in writing, addressed to the secretary to the board, and shall state with reasonable certainty the grounds therefor. Argument upon such motions or requests will not be heard without special leave granted by the board.
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.
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 his 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.
3VAC5-10-330. Record.
A. The record of the hearing before the hearing officer, including the initial decision, and the transcript of testimony, argument and exhibits together with all papers and requests filed in the proceeding before the board, shall constitute the exclusive record for the final decision of the board.
B. Upon due application made to the secretary to the board, copies of the record, including the decision of the board and any opinion setting forth the reasons for the decision shall be made available to parties entitled thereto at a rate established by the board.
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.
3VAC5-10-340. Rehearings and reconsideration.
The board may, in its discretion for good cause shown, grant a rehearing or reconsideration on written petition of an interested party addressed to the Secretary to the Board and received within 30 days after the date of the final decision of the board. The petition shall contain a full and clear statement of the facts pertaining to the grievance, the grounds in support thereof, and a statement of the relief desired. The board may grant such at any time on its own initiative for good cause shown.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
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.
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 hearing officer.
B. The provisions of Part I of this chapter shall be applicable to proceedings held under this part except to the extent such provisions are inconsistent herewith.
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.