Article 3. Adjudication
6VAC20-250-340. Hearing process.
Following a preliminary investigative process, the department may initiate action to resolve the complaint through an informal fact-finding conference or formal hearing as established in this regulation. Pursuant to the authority conferred in § 9.1-141 C 6 of the Code of Virginia and in accordance with the procedures set forth by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) and the procedures prescribed herein, the department is empowered to receive, review, investigate and adjudicate complaints concerning the conduct of any person whose activities are regulated by the board. The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-350. Informal fact-finding conference.
The purpose of an informal fact-finding conference is to resolve allegations through informal consultation and negotiation. Informal fact-finding conferences shall be conducted in accordance with § 2.2-4019 of the Code of Virginia. The respondent, the person against whom the complaint is filed, may appeal the decision of an informal fact-finding conference and request a formal hearing provided that written notification is given to the department within 30 days of the date the informal fact-finding decision notice was served, or the date it was mailed to the respondent, whichever occurred first. In the event the informal fact-finding decision was served by mail, three days shall be added to that period.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-360. Formal hearing.
A. Formal hearing proceedings may be initiated in any case in which the basic laws provide expressly for a case decision, or in any case to the extent the informal fact-finding conference has not been conducted or an appeal thereto has been timely received. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia. The findings and decision of the director resulting from a formal hearing may be appealed to the board.
B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine, or to suspend, revoke or deny issuance or renewal of any license or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such license or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-370. Appeals.
The findings and the decision of the director may be appealed to the board provided that written notification is given to the attention of the Director of the Department of Criminal Justice Services within 30 days following the date notification of the hearing decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-380. Court review; appeal of final agency order.
A. The final administrative decision may be appealed pursuant to § 2.2-4026 of the Code of Virginia.
B. Notification shall be given to the attention of the Director of the Department of Criminal Justice Services in writing within 30 days of the date notification of the board decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)
C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect unless the court issues a stay of the order.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.