{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3005.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3005.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3005.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3005.html"}],"law_id":68034,"edition_id":1,"section_id":68034,"structure_id":15162,"section_number":"2.2-3005","catch_line":"Hearing officers; duties","history":"1995, cc. 770, 818, \u00a7 2.1-116.07; 1998, cc. 263, 438; 1999, c. 713; 2000, cc. 66, 657, 947, 1006; 2001, c. 844; 2004, c. 674; 2012, cc. 803, 835.","full_text":"A\n\nNothing in this chapter shall create, nor shall be construed to create, a property interest in selection or assignment to serve as a hearing officer for grievance hearings.B\n\nThe Director of the Department of Human Resource Management shall assign a hearing officer to conduct the grievance hearing. All hearing officers shall be selected, on a rotating basis, (i) from the list of administrative hearing officers maintained by the Supreme Court of Virginia pursuant to § 2.2-4024 or (ii) from attorneys hired as classified employees by the Department through a competitive selection process. Hearing officer fees shall be reasonable, in accordance with compensation guidelines developed by the Department of Human Resource Management. In addition to the training requirements imposed by the Supreme Court, each hearing officer shall meet the criteria established by the Director pursuant to subdivision 6 of § 2.2-1202.1 and attend annually at least one day of training in employment law or state personnel policies and organizations. The training shall be conducted by the Department of Human Resource Management or an organization approved by the Virginia State Bar for continuing legal education.C\n\nHearing officers shall have the following powers and duties:1\n\nHold conferences for the settlement or simplification of issues;2\n\nDispose of procedural requests;3\n\nIssue orders requiring testimony or the production of evidence;4\n\nAdminister oaths and affirmations;5\n\nReceive probative evidence; exclude irrelevant, immaterial, insubstantial, privileged, or repetitive proofs, rebuttals, or cross-examinations; rule upon offers of proof; and oversee a verbatim recording of the evidence;6\n\nReceive and consider evidence in mitigation or aggravation of any offense charged by an agency in accordance with rules established by the Department of Human Resource Management pursuant to § 2.2-1202.1; and7\n\nTake other actions as necessary or specified in the grievance procedure.","order_by":null,"text":{"0":{"id":246276,"text":"Nothing in this chapter shall create, nor shall be construed to create, a property interest in selection or assignment to serve as a hearing officer for grievance hearings.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":246277,"text":"The Director of the Department of Human Resource Management shall assign a hearing officer to conduct the grievance hearing. All hearing officers shall be selected, on a rotating basis, (i) from the list of administrative hearing officers maintained by the Supreme Court of Virginia pursuant to § 2.2-4024 or (ii) from attorneys hired as classified employees by the Department through a competitive selection process. Hearing officer fees shall be reasonable, in accordance with compensation guidelines developed by the Department of Human Resource Management. In addition to the training requirements imposed by the Supreme Court, each hearing officer shall meet the criteria established by the Director pursuant to subdivision 6 of § 2.2-1202.1 and attend annually at least one day of training in employment law or state personnel policies and organizations. The training shall be conducted by the Department of Human Resource Management or an organization approved by the Virginia State Bar for continuing legal education.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":246278,"text":"Hearing officers shall have the following powers and duties:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":246279,"text":"Hold conferences for the settlement or simplification of issues;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":246280,"text":"Dispose of procedural requests;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":246281,"text":"Issue orders requiring testimony or the production of evidence;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":246282,"text":"Administer oaths and affirmations;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":246283,"text":"Receive probative evidence; exclude irrelevant, immaterial, insubstantial, privileged, or repetitive proofs, rebuttals, or cross-examinations; rule upon offers of proof; and oversee a verbatim recording of the evidence;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":246284,"text":"Receive and consider evidence in mitigation or aggravation of any offense charged by an agency in accordance with rules established by the Department of Human Resource Management pursuant to § 2.2-1202.1; and","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":246285,"text":"Take other actions as necessary or specified in the grievance procedure.","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6"}},"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":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},"next_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","url":"\/2.2-3005.1\/","token":"2.2\/I\/E\/30\/2.2-3005.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3005\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapters 770<\/a> and 818<\/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 6 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 1998, chapters 263<\/a> and 438<\/a>; in 1999, chapter 713<\/a>; in 2000, chapters 66<\/a>, 657<\/a>, 947<\/a>, and 1006<\/a>; in 2001, chapter 844<\/a>; in 2004, chapter 674<\/a>; in 2012, chapters 803<\/a> and 835<\/a>.<\/p>","references":[{"id":86129,"section_number":"17.1-405","catch_line":"Appellate jurisdiction \u2014 Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals","order_by":null,"url":"\/17.1-405\/"},{"id":63565,"section_number":"2.2-3004","catch_line":"Grievances qualifying for a grievance hearing; grievance hearing generally","order_by":null,"url":"\/2.2-3004\/"}],"refers_to":[{"id":80462,"section_number":"2.2-1202.1","catch_line":"Additional powers and duties of Director; employment dispute resolution","order_by":null,"url":"\/2.2-1202.1\/"},{"id":57586,"section_number":"2.2-4024","catch_line":"Hearing officers","order_by":null,"url":"\/2.2-4024\/"}],"permalink":{"id":175973,"object_type":"law","relational_id":68034,"identifier":"2.2-3005","token":"2.2\/I\/E\/30\/2.2-3005","url":"\/2.2-3005\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3005\/","token":"2.2\/I\/E\/30\/2.2-3005","dublin_core":{"Title":"Hearing officers; duties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3005","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Nothing in this chapter shall create, nor shall be construed to create, a property interest in selection or assignment to serve as a hearing<\/span> officer for grievance hearings<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director of the Department of Human Resource Management shall assign a hearing<\/span> officer to conduct the grievance hearing<\/span>. All hearing<\/span> officers shall be selected, on a rotating basis, (i) from the list of administrative hearing<\/span> officers maintained by the Supreme Court<\/span> of Virginia pursuant to § 2.2-4024<\/a> or (ii) from attorneys hired as classified employees by the Department through a competitive selection process. Hearing<\/span> officer fees shall be reasonable, in accordance with compensation guidelines developed by the Department of Human Resource Management. In addition to the training requirements imposed by the Supreme Court<\/span>, each hearing<\/span> officer shall meet the criteria established by the Director pursuant to subdivision 6 of § 2.2-1202.1<\/a> and attend annually at least one day of training in employment law<\/span> or state personnel policies and organizations. The training shall be conducted by the Department of Human Resource Management or an organization approved by the Virginia State Bar for continuing legal education. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Hearing<\/span> officers shall have the following powers and duties: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Hold conferences for the settlement<\/span> or simplification of issues<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Dispose of procedural requests; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Issue<\/span> orders<\/span> requiring testimony<\/span> or the production of evidence<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Administer oaths<\/span> and affirmations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Receive probative evidence<\/span>; exclude irrelevant, immaterial, insubstantial, privileged, or repetitive proofs, rebuttals<\/span>, or cross-examinations; rule upon offers of proof; and oversee a verbatim recording of the evidence<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Receive and consider evidence<\/span> in mitigation or aggravation of any offense<\/span> charged by an agency in accordance with rules established by the Department of Human Resource Management pursuant to § 2.2-1202.1<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Take other actions as necessary or specified in the grievance procedure. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARING OFFICERS; DUTIES (\u00a7 2.2-3005)\n\nA. Nothing in this chapter shall create, nor shall be construed to create, a\nproperty interest in selection or assignment to serve as a hearing officer for\ngrievance hearings.\n\nB. The Director of the Department of Human Resource Management shall assign a\nhearing officer to conduct the grievance hearing. All hearing officers shall be\nselected, on a rotating basis, (i) from the list of administrative hearing\nofficers maintained by the Supreme Court of Virginia pursuant to § 2.2-4024\nor (ii) from attorneys hired as classified employees by the Department through a\ncompetitive selection process. Hearing officer fees shall be reasonable, in\naccordance with compensation guidelines developed by the Department of Human\nResource Management. In addition to the training requirements imposed by the\nSupreme Court, each hearing officer shall meet the criteria established by the\nDirector pursuant to subdivision 6 of § 2.2-1202.1 and attend annually at\nleast one day of training in employment law or state personnel policies and\norganizations. The training shall be conducted by the Department of Human\nResource Management or an organization approved by the Virginia State Bar for\ncontinuing legal education.\n\nC. Hearing officers shall have the following powers and duties:\n\n 1. Hold conferences for the settlement or simplification of issues;\n\n 2. Dispose of procedural requests;\n\n 3. Issue orders requiring testimony or the production of evidence;\n\n 4. Administer oaths and affirmations;\n\n 5. Receive probative evidence; exclude irrelevant, immaterial, insubstantial,\n privileged, or repetitive proofs, rebuttals, or cross-examinations; rule upon\n offers of proof; and oversee a verbatim recording of the evidence;\n\n 6. Receive and consider evidence in mitigation or aggravation of any offense\n charged by an agency in accordance with rules established by the Department of\n Human Resource Management pursuant to § 2.2-1202.1; and\n\n 7. Take other actions as necessary or specified in the grievance procedure.\n\nHISTORY: 1995, cc. 770, 818, \u00a7 2.1-116.07; 1998, cc. 263, 438; 1999, c. 713;\n2000, cc. 66, 657, 947, 1006; 2001, c. 844; 2004, c. 674; 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}}