Title 28.2. Fisheries and Habitat of the Tidal Waters
Chapter 2. General Provisions
Article 3. Proceedings and Actions.
§ 28.2-216. Hearings before Commission.A. Any person whose rights, duties, or privileges, including matters relating to licenses, shellfish planting grounds, or fishing stands, have been or may be affected by any action or inaction of the Commission or Commissioner without a formal hearing may demand in writing a formal hearing of his complaint. The Commission shall hold a hearing on the complaint as soon as practicable. All known interested parties shall be afforded an opportunity to be heard before the Commission. All persons who have noted their interest with the Commission shall be informed of the hearing by first class mail at least five days prior to the scheduled date of the hearing. The notice shall indicate the time and place of the hearing and the issues involved. All parties shall have the opportunity to present evidence and argument. The proponents for any regulation or matter shall be heard first, then the opponents. The Commissioner, if present, or any member of the Commission, in his absence, shall preside over the hearing. The rules of evidence shall apply insofar as possible.
Depositions may be taken and read as in actions at law.
B. The Commission or Commissioner shall have power to issue subpoenas and subpoenae duces tecum and, at the request of any party, shall issue such subpoena. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the Commission in the manner prescribed in § 2.2-4022.
1962, c. 406, § 28.1-30; 1992, c. 836.
§ 28.2-217. Procedure of hearing.Every party shall have the right to cross-examine adverse witnesses including employees of the Commission and to submit rebuttal evidence.
The decision of the Commission shall be based only on evidence received at the hearing and matters of which a court of record could take judicial notice.
Any party may, at his own expense, have a stenographic report made of the hearing. A copy of the report shall be made available to the Commission, if it so requests, at cost to the Commission.
1962, c. 406, § 28.1-31; 1992, c. 836.
§ 28.2-218. Finding, award, etc., of Commission.In all contested matters, the finding, award, action or judgment of the Commission shall be in writing and copies sent to the parties appearing at the hearing.
1962, c. 406, § 28.1-32; 1992, c. 836.
§ 28.2-219. Judicial review in contested cases.Any person aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).
1962, c. 406, § 28.1-33; 1986, c. 615; 1992, c. 836.
§ 28.2-220. Appeals to Court of Appeals.An appeal of the final decision of the circuit court may be taken to the Court of Appeals.
1962, c. 406, § 28.1-34; 1984, c. 703; 1992, c. 836.
§ 28.2-221. Proof of posting of notices.The return by any Commission employee as to the posting of any notices required under this subtitle or affecting any regulation shall be conclusive evidence of proper posting.
1962, c. 406, § 28.1-35; 1992, c. 836.
