{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3005.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3005.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3005.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3005.1.html"}],"law_id":57750,"edition_id":1,"section_id":57750,"structure_id":15162,"section_number":"2.2-3005.1","catch_line":"Scope of hearing officer’s decision; agency cooperation; cost of hearing; decision of hearing officer","history":"2004, c. 674; 2011, c. 595; 2012, cc. 803, 835.","full_text":"A\n\nFor those issues qualified for a hearing, the hearing officer may order appropriate remedies. Relief may include (i) reinstatement to the same position, or if the position is filled, to an equivalent position, (ii) back pay, (iii) full reinstatement of fringe benefits and seniority rights, (iv) mitigation or reduction of the agency disciplinary action, or (v) any combination of these remedies. In grievances challenging discharge, if the hearing officer finds that the employee has substantially prevailed on the merits of the grievance, the employee shall be entitled to recover reasonable attorney fees, unless special circumstances would make an award unjust. All awards of relief, including attorney fees, by a hearing officer must be in accordance with rules established by the Department of Human Resource Management.B\n\nThe agency from which the grievance arises shall bear the costs for the hearing officer and other associated hearing expenses including the grievant’s attorney fees that the hearing officer may award.C\n\nThe decision of the hearing officer shall (i) be in writing, (ii) contain findings of fact as to the material issues in the case and the basis for those findings, including any award of reasonable attorney fees pursuant to this section, and (iii) be final and binding if consistent with law and policy.D\n\nThe provisions of this section relating to the award of attorney fees shall not apply to any local government or agency thereof that is otherwise subject to the grievance procedure set forth in this chapter.","order_by":null,"text":{"0":{"id":211513,"text":"For those issues qualified for a hearing, the hearing officer may order appropriate remedies. Relief may include (i) reinstatement to the same position, or if the position is filled, to an equivalent position, (ii) back pay, (iii) full reinstatement of fringe benefits and seniority rights, (iv) mitigation or reduction of the agency disciplinary action, or (v) any combination of these remedies. In grievances challenging discharge, if the hearing officer finds that the employee has substantially prevailed on the merits of the grievance, the employee shall be entitled to recover reasonable attorney fees, unless special circumstances would make an award unjust. All awards of relief, including attorney fees, by a hearing officer must be in accordance with rules established by the Department of Human Resource Management.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":211514,"text":"The agency from which the grievance arises shall bear the costs for the hearing officer and other associated hearing expenses including the grievant’s attorney fees that the hearing officer may award.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":211515,"text":"The decision of the hearing officer shall (i) be in writing, (ii) contain findings of fact as to the material issues in the case and the basis for those findings, including any award of reasonable attorney fees pursuant to this section, and (iii) be final and binding if consistent with law and policy.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":211516,"text":"The provisions of this section relating to the award of attorney fees shall not apply to any local government or agency thereof that is otherwise subject to the grievance procedure set forth in this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15162,"edition_id":1,"name":"State Grievance Procedure","identifier":"30","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:52:37","date_modified":"2026-06-26 03:52:37","permalink":{"id":175951,"object_type":"structure","relational_id":15162,"identifier":"30","token":"2.2\/I\/E\/30","url":"\/2.2\/I\/E\/30\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13049,"edition_id":1,"name":"State Officers and Employees","identifier":"E","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":175733,"object_type":"structure","relational_id":13049,"identifier":"E","token":"2.2\/I\/E","url":"\/2.2\/I\/E\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75224,"structure_id":15162,"section_number":"2.2-3000","catch_line":"Policy of the Commonwealth; responsibilities of state agencies under this chapter","url":"\/2.2-3000\/","token":"2.2\/I\/E\/30\/2.2-3000","metadata":false},{"id":73947,"structure_id":15162,"section_number":"2.2-3001","catch_line":"State employees","url":"\/2.2-3001\/","token":"2.2\/I\/E\/30\/2.2-3001","metadata":false},{"id":64889,"structure_id":15162,"section_number":"2.2-3002","catch_line":"Exemptions from chapter","url":"\/2.2-3002\/","token":"2.2\/I\/E\/30\/2.2-3002","metadata":false},{"id":64099,"structure_id":15162,"section_number":"2.2-3003","catch_line":"Grievance procedure generally","url":"\/2.2-3003\/","token":"2.2\/I\/E\/30\/2.2-3003","metadata":false},{"id":63565,"structure_id":15162,"section_number":"2.2-3004","catch_line":"Grievances qualifying for a grievance hearing; grievance hearing generally","url":"\/2.2-3004\/","token":"2.2\/I\/E\/30\/2.2-3004","metadata":false},{"id":68034,"structure_id":15162,"section_number":"2.2-3005","catch_line":"Hearing officers; duties","url":"\/2.2-3005\/","token":"2.2\/I\/E\/30\/2.2-3005","metadata":false},{"id":57750,"structure_id":15162,"section_number":"2.2-3005.1","catch_line":"Scope of hearing officer's decision; agency cooperation; cost of hearing; decision of hearing officer","url":"\/2.2-3005.1\/","token":"2.2\/I\/E\/30\/2.2-3005.1","metadata":false},{"id":82720,"structure_id":15162,"section_number":"2.2-3006","catch_line":"Review of hearing decisions; costs","url":"\/2.2-3006\/","token":"2.2\/I\/E\/30\/2.2-3006","metadata":false},{"id":60498,"structure_id":15162,"section_number":"2.2-3007","catch_line":"Certain employees of the Departments of Corrections and Juvenile Justice","url":"\/2.2-3007\/","token":"2.2\/I\/E\/30\/2.2-3007","metadata":false},{"id":67858,"structure_id":15162,"section_number":"2.2-3008","catch_line":"Employees of local constitutional officers","url":"\/2.2-3008\/","token":"2.2\/I\/E\/30\/2.2-3008","metadata":false}],"previous_section":{"id":68034,"structure_id":15162,"section_number":"2.2-3005","catch_line":"Hearing officers; duties","url":"\/2.2-3005\/","token":"2.2\/I\/E\/30\/2.2-3005","metadata":false},"next_section":{"id":82720,"structure_id":15162,"section_number":"2.2-3006","catch_line":"Review of hearing decisions; costs","url":"\/2.2-3006\/","token":"2.2\/I\/E\/30\/2.2-3006","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3005.1\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 674<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2011, chapter 595<\/a>; in 2012, chapters 803<\/a> and 835<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":175977,"object_type":"law","relational_id":57750,"identifier":"2.2-3005.1","token":"2.2\/I\/E\/30\/2.2-3005.1","url":"\/2.2-3005.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3005.1\/","token":"2.2\/I\/E\/30\/2.2-3005.1","dublin_core":{"Title":"Scope of hearing officer’s decision; agency cooperation; cost of hearing; decision of hearing officer","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3005.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For those issues<\/span> qualified for a hearing<\/span>, the hearing<\/span> officer may order<\/span> appropriate remedies. Relief may include (i) reinstatement to the same position, or if the position is filled, to an equivalent position, (ii) back pay, (iii) full reinstatement of fringe benefits and seniority rights, (iv) mitigation or reduction of the agency disciplinary action, or (v) any combination of these remedies. In grievances challenging discharge, if the hearing<\/span> officer finds that the employee has substantially prevailed on the merits of the grievance, the employee shall be entitled to recover reasonable attorney fees, unless special circumstances would make an award unjust. All awards of relief, including attorney fees, by a hearing<\/span> officer must be in accordance with rules established by the Department of Human Resource Management. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The agency from which the grievance arises shall bear the costs for the hearing<\/span> officer and other associated hearing<\/span> expenses including the grievant’s attorney fees that the hearing<\/span> officer may award. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The decision of the hearing<\/span> officer shall (i) be in writing, (ii) contain findings<\/span> of fact<\/span> as to the material<\/span> issues<\/span> in the case and the basis for those findings<\/span>, including any award of reasonable attorney fees pursuant to this section, and (iii) be final and binding if consistent with law<\/span> and policy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The provisions of this section relating to the award of attorney fees shall not apply to any local government or agency thereof that is otherwise subject to the grievance procedure set forth in this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSCOPE OF HEARING OFFICER’S DECISION; AGENCY COOPERATION; COST OF HEARING;\nDECISION OF HEARING OFFICER (\u00a7 2.2-3005.1)\n\nA. For those issues qualified for a hearing, the hearing officer may order\nappropriate remedies. Relief may include (i) reinstatement to the same position,\nor if the position is filled, to an equivalent position, (ii) back pay, (iii)\nfull reinstatement of fringe benefits and seniority rights, (iv) mitigation or\nreduction of the agency disciplinary action, or (v) any combination of these\nremedies. In grievances challenging discharge, if the hearing officer finds that\nthe employee has substantially prevailed on the merits of the grievance, the\nemployee shall be entitled to recover reasonable attorney fees, unless special\ncircumstances would make an award unjust. All awards of relief, including\nattorney fees, by a hearing officer must be in accordance with rules established\nby the Department of Human Resource Management.\n\nB. The agency from which the grievance arises shall bear the costs for the\nhearing officer and other associated hearing expenses including the\ngrievant’s attorney fees that the hearing officer may award.\n\nC. The decision of the hearing officer shall (i) be in writing, (ii) contain\nfindings of fact as to the material issues in the case and the basis for those\nfindings, including any award of reasonable attorney fees pursuant to this\nsection, and (iii) be final and binding if consistent with law and policy.\n\nD. The provisions of this section relating to the award of attorney fees shall\nnot apply to any local government or agency thereof that is otherwise subject to\nthe grievance procedure set forth in this chapter.\n\nHISTORY: 2004, c. 674; 2011, c. 595; 2012, cc. 803, 835.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}