{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3006.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3006.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3006.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3006.html"}],"law_id":82720,"edition_id":1,"section_id":82720,"structure_id":15162,"section_number":"2.2-3006","catch_line":"Review of hearing decisions; costs","history":"2000, cc. 947, 1006, \u00a7 2.1-116.07:1; 2001, cc. 393, 420, 844; 2003, c. 252; 2004, c. 229; 2012, cc. 56, 349.","full_text":"A\n\nUpon the request of a party to a grievance hearing for an administrative review of the hearing decision, the Director of the Department of Human Resource Management shall determine, within 30 days of the conclusion of any other administrative reviews, whether the hearing decision is consistent with policy.B\n\nWithin 30 days of a final decision, a party may appeal on the grounds that the determination is contradictory to law by filing a notice of appeal with the clerk of the circuit court in the jurisdiction in which the grievance arose. The agency shall request and receive prior approval of the Director before filing a notice of appeal. After a notice of appeal has been filed by either party, the agency shall then transmit a copy of the grievance record to the clerk of the court. The court, on motion of a party, shall issue a writ of certiorari requiring transmission of the record on or before a certain date. Within 30 days of receipt of the grievance record, the court, sitting without a jury, shall hear the appeal on the record. The court may affirm the decision or may reverse or modify the decision. The decision of the court shall be rendered no later than the fifteenth day from the date of the conclusion of the hearing. The circuit court hearing shall be at no cost to the Commonwealth or the grievant.C\n\nThe hearing officer’s final decision shall be effective from the latter of the date issued or the date of the conclusion of any administrative review and judicial appeal, and shall be implemented immediately thereafter, unless circumstances beyond the control of the agency delay such implementation.D\n\nEither party may petition the circuit court having jurisdiction in the locality in which the grievance arose for an order requiring implementation of the final decision of a hearing officer.E\n\nThe court shall award reasonable attorneys’ fees and costs to the employee if the employee substantially prevails on the merits of a case brought under subsection B or D.","order_by":null,"text":{"0":{"id":296350,"text":"Upon the request of a party to a grievance hearing for an administrative review of the hearing decision, the Director of the Department of Human Resource Management shall determine, within 30 days of the conclusion of any other administrative reviews, whether the hearing decision is consistent with policy.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":296351,"text":"Within 30 days of a final decision, a party may appeal on the grounds that the determination is contradictory to law by filing a notice of appeal with the clerk of the circuit court in the jurisdiction in which the grievance arose. The agency shall request and receive prior approval of the Director before filing a notice of appeal. After a notice of appeal has been filed by either party, the agency shall then transmit a copy of the grievance record to the clerk of the court. The court, on motion of a party, shall issue a writ of certiorari requiring transmission of the record on or before a certain date. Within 30 days of receipt of the grievance record, the court, sitting without a jury, shall hear the appeal on the record. The court may affirm the decision or may reverse or modify the decision. The decision of the court shall be rendered no later than the fifteenth day from the date of the conclusion of the hearing. The circuit court hearing shall be at no cost to the Commonwealth or the grievant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":296352,"text":"The hearing officer’s final decision shall be effective from the latter of the date issued or the date of the conclusion of any administrative review and judicial appeal, and shall be implemented immediately thereafter, unless circumstances beyond the control of the agency delay such implementation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":296353,"text":"Either party may petition the circuit court having jurisdiction in the locality in which the grievance arose for an order requiring implementation of the final decision of a hearing officer.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":296354,"text":"The court shall award reasonable attorneys’ fees and costs to the employee if the employee substantially prevails on the merits of a case brought under subsection B or D.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3006\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapters 947<\/a> and 1006<\/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 4 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 2001, chapters 393<\/a>, 420<\/a>, and 844<\/a>; in 2003, chapter 252<\/a>; in 2004, chapter 229<\/a>; in 2012, chapters 56<\/a> and 349<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":175981,"object_type":"law","relational_id":82720,"identifier":"2.2-3006","token":"2.2\/I\/E\/30\/2.2-3006","url":"\/2.2-3006\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3006\/","token":"2.2\/I\/E\/30\/2.2-3006","dublin_core":{"Title":"Review of hearing decisions; costs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3006","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the request of a party<\/span> to a grievance hearing<\/span> for an administrative review of the hearing<\/span> decision, the Director of the Department of Human Resource Management shall determine, within 30 days of the conclusion of any other administrative reviews, whether the hearing<\/span> decision is consistent with policy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Within 30 days of a final decision, a party<\/span> may appeal on the grounds that the determination is contradictory to law<\/span> by filing a notice of appeal<\/span> with the clerk of the circuit<\/span> court<\/span> in the jurisdiction<\/span> in which the grievance arose. The agency shall request and receive prior approval of the Director before filing a notice of appeal<\/span>. After a notice of appeal<\/span> has been filed by either party<\/span>, the agency shall then transmit a copy of the grievance record to the clerk of the court<\/span>. The court<\/span>, on motion<\/span> of a party<\/span>, shall issue<\/span> a writ of certiorari<\/span> requiring transmission of the record on or before a certain date. Within 30 days of receipt of the grievance record, the court<\/span>, sitting without a jury<\/span>, shall hear the appeal on the record. The court<\/span> may affirm<\/span> the decision or may reverse<\/span> or modify the decision. The decision of the court<\/span> shall be rendered no later than the fifteenth day from the date of the conclusion of the hearing<\/span>. The circuit<\/span> court<\/span> hearing<\/span> shall be at no cost to the Commonwealth or the grievant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The hearing<\/span> officer’s final decision shall be effective from the latter of the date issued or the date of the conclusion of any administrative review and judicial appeal, and shall be implemented immediately thereafter, unless circumstances beyond the control of the agency delay such implementation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Either party<\/span> may petition<\/span> the circuit<\/span> court<\/span> having jurisdiction<\/span> in the locality in which the grievance arose for an order<\/span> requiring implementation of the final decision of a hearing<\/span> officer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> shall award reasonable attorneys’ fees and costs to the employee if the employee substantially prevails on the merits of a case brought under subsection B or D. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVIEW OF HEARING DECISIONS; COSTS (\u00a7 2.2-3006)\n\nA. Upon the request of a party to a grievance hearing for an administrative\nreview of the hearing decision, the Director of the Department of Human Resource\nManagement shall determine, within 30 days of the conclusion of any other\nadministrative reviews, whether the hearing decision is consistent with policy.\n\nB. Within 30 days of a final decision, a party may appeal on the grounds that\nthe determination is contradictory to law by filing a notice of appeal with the\nclerk of the circuit court in the jurisdiction in which the grievance arose. The\nagency shall request and receive prior approval of the Director before filing a\nnotice of appeal. After a notice of appeal has been filed by either party, the\nagency shall then transmit a copy of the grievance record to the clerk of the\ncourt. The court, on motion of a party, shall issue a writ of certiorari\nrequiring transmission of the record on or before a certain date. Within 30 days\nof receipt of the grievance record, the court, sitting without a jury, shall\nhear the appeal on the record. The court may affirm the decision or may reverse\nor modify the decision. The decision of the court shall be rendered no later\nthan the fifteenth day from the date of the conclusion of the hearing. The\ncircuit court hearing shall be at no cost to the Commonwealth or the grievant.\n\nC. The hearing officer’s final decision shall be effective from the latter\nof the date issued or the date of the conclusion of any administrative review\nand judicial appeal, and shall be implemented immediately thereafter, unless\ncircumstances beyond the control of the agency delay such implementation.\n\nD. Either party may petition the circuit court having jurisdiction in the\nlocality in which the grievance arose for an order requiring implementation of\nthe final decision of a hearing officer.\n\nE. The court shall award reasonable attorneys’ fees and costs to the\nemployee if the employee substantially prevails on the merits of a case brought\nunder subsection B or D.\n\nHISTORY: 2000, cc. 947, 1006, \u00a7 2.1-116.07:1; 2001, cc. 393, 420, 844; 2003, c.\n252; 2004, c. 229; 2012, cc. 56, 349.","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}}