Part III. Wine and Beer Franchise Acts
3VAC5-10-360. Complaints.
Complaints shall be referred in writing 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 § 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.
3VAC5-10-370. Hearings.
Hearings will be conducted in accordance with the provisions of Part I of this chapter (3VAC5-10-10 et seq.). Further, the board and the hearing officers designated by it may require an accounting to be submitted by each party in determining an award of costs and attorneys' 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.
3VAC5-10-380. Appeals.
The decision of the hearing officer may be appealed to the board as provided in 3VAC5-10-240. Appeals shall be conducted in accordance with the provisions of Part II of this chapter (3VAC5-10-240 et seq.).
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.
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 board, not a hearing officer, as soon as practicable with five days 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 board 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.
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 hearing officer or officers of the board 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 hearing officers, 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.