{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4019.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4019.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4019.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4019.html"}],"law_id":85983,"edition_id":1,"section_id":85983,"structure_id":15531,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","history":"1975, c. 503, \u00a7 9-6.14:11; 1986, c. 615; 1989, c. 601; 1993, c. 898; 1994, c. 748; 1995, c. 398; 2001, c. 844; 2016, c. 39.","full_text":"A\n\nAgencies shall ascertain the fact basis for their decisions of cases through informal conference or consultation proceedings unless the named party and the agency consent to waive such a conference or proceeding to go directly to a formal hearing. Such conference-consultation procedures shall include rights of parties to the case to (i) have reasonable notice thereof, which notice shall include contact information consisting of the name, telephone number, and government email address of the person designated by the agency to answer questions or otherwise assist a named party; (ii) appear in person or by counsel or other qualified representative before the agency or its subordinates, or before a hearing officer for the informal presentation of factual data, argument, or proof in connection with any case; (iii) have notice of any contrary fact basis or information in the possession of the agency that can be relied upon in making an adverse decision; (iv) receive a prompt decision of any application for a license, benefit, or renewal thereof; and (v) be informed, briefly and generally in writing, of the factual or procedural basis for an adverse decision in any case.B\n\nAgencies may, in their case decisions, rely upon public data, documents or information only when the agencies have provided all parties with advance notice of an intent to consider such public data, documents or information. This requirement shall not apply to an agency&#8217;s reliance on case law and administrative precedent.","order_by":null,"text":{"0":{"id":307957,"text":"Agencies shall ascertain the fact basis for their decisions of cases through informal conference or consultation proceedings unless the named party and the agency consent to waive such a conference or proceeding to go directly to a formal hearing. Such conference-consultation procedures shall include rights of parties to the case to (i) have reasonable notice thereof, which notice shall include contact information consisting of the name, telephone number, and government email address of the person designated by the agency to answer questions or otherwise assist a named party; (ii) appear in person or by counsel or other qualified representative before the agency or its subordinates, or before a hearing officer for the informal presentation of factual data, argument, or proof in connection with any case; (iii) have notice of any contrary fact basis or information in the possession of the agency that can be relied upon in making an adverse decision; (iv) receive a prompt decision of any application for a license, benefit, or renewal thereof; and (v) be informed, briefly and generally in writing, of the factual or procedural basis for an adverse decision in any case.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":307958,"text":"Agencies may, in their case decisions, rely upon public data, documents or information only when the agencies have provided all parties with advance notice of an intent to consider such public data, documents or information. This requirement shall not apply to an agency&#8217;s reliance on case law and administrative precedent.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15531,"edition_id":1,"name":"Case Decisions","identifier":"3","label":"article","depth":5,"order_by":1,"parent_id":12798,"metadata":{},"date_created":"2026-06-26 03:56:02","date_modified":"2026-06-26 03:56:02","permalink":{"id":176843,"object_type":"structure","relational_id":15531,"identifier":"3","token":"2.2\/II\/B\/40\/3","url":"\/2.2\/II\/B\/40\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12798,"edition_id":1,"name":"Administrative Process Act","identifier":"40","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":176717,"object_type":"structure","relational_id":12798,"identifier":"40","token":"2.2\/II\/B\/40","url":"\/2.2\/II\/B\/40\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","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":59227,"structure_id":15531,"section_number":"2.2-4018","catch_line":"Exemptions from operation of Article 3","url":"\/2.2-4018\/","token":"2.2\/II\/B\/40\/3\/2.2-4018","metadata":false},{"id":85983,"structure_id":15531,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","url":"\/2.2-4019\/","token":"2.2\/II\/B\/40\/3\/2.2-4019","metadata":false},{"id":71957,"structure_id":15531,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","url":"\/2.2-4020\/","token":"2.2\/II\/B\/40\/3\/2.2-4020","metadata":false},{"id":59727,"structure_id":15531,"section_number":"2.2-4020.1","catch_line":"Summary case decisions","url":"\/2.2-4020.1\/","token":"2.2\/II\/B\/40\/3\/2.2-4020.1","metadata":false},{"id":64118,"structure_id":15531,"section_number":"2.2-4020.2","catch_line":"Default","url":"\/2.2-4020.2\/","token":"2.2\/II\/B\/40\/3\/2.2-4020.2","metadata":false},{"id":78350,"structure_id":15531,"section_number":"2.2-4021","catch_line":"Timetable for decision; exemptions","url":"\/2.2-4021\/","token":"2.2\/II\/B\/40\/3\/2.2-4021","metadata":false},{"id":77359,"structure_id":15531,"section_number":"2.2-4022","catch_line":"Subpoenas, depositions and requests for admissions","url":"\/2.2-4022\/","token":"2.2\/II\/B\/40\/3\/2.2-4022","metadata":false},{"id":62092,"structure_id":15531,"section_number":"2.2-4023","catch_line":"Final orders","url":"\/2.2-4023\/","token":"2.2\/II\/B\/40\/3\/2.2-4023","metadata":false},{"id":61926,"structure_id":15531,"section_number":"2.2-4023.1","catch_line":"Reconsideration","url":"\/2.2-4023.1\/","token":"2.2\/II\/B\/40\/3\/2.2-4023.1","metadata":false}],"previous_section":{"id":59227,"structure_id":15531,"section_number":"2.2-4018","catch_line":"Exemptions from operation of Article 3","url":"\/2.2-4018\/","token":"2.2\/II\/B\/40\/3\/2.2-4018","metadata":false},"next_section":{"id":71957,"structure_id":15531,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","url":"\/2.2-4020\/","token":"2.2\/II\/B\/40\/3\/2.2-4020","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4019\/","history_text":"<p>This law was first created in 1975. The record of its establishment is cataloged in chapter 503 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. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1986, chapter 615; in 1989, chapter 601; in 1993, chapter 898; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0748\">748<\/a>; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0398\">398<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0844\">844<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0039\">39<\/a>.<\/p>","references":[{"id":55896,"section_number":"10.1-1186","catch_line":"General powers of the Department","order_by":null,"url":"\/10.1-1186\/"},{"id":77480,"section_number":"10.1-1197.9","catch_line":"Enforcement; civil penalties; criminal penalties; injunctive relief","order_by":null,"url":"\/10.1-1197.9\/"},{"id":75687,"section_number":"10.1-1198","catch_line":"Voluntary environmental assessment privilege","order_by":null,"url":"\/10.1-1198\/"},{"id":53974,"section_number":"10.1-1409","catch_line":"Revocation or amendment of permits","order_by":null,"url":"\/10.1-1409\/"},{"id":79239,"section_number":"10.1-609","catch_line":"Unsafe dams presenting nonimminent danger; civil penalty","order_by":null,"url":"\/10.1-609\/"},{"id":65885,"section_number":"10.1-610.1","catch_line":"Monitoring progress of work","order_by":null,"url":"\/10.1-610.1\/"},{"id":67844,"section_number":"10.1-612.1","catch_line":"Temporary stop work order; hearing; injunctive relief","order_by":null,"url":"\/10.1-612.1\/"},{"id":56132,"section_number":"2.2-1205","catch_line":"Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active or retired local law-enforcement officer, firefighter, etc., through the Department","order_by":null,"url":"\/2.2-1205\/"},{"id":81711,"section_number":"2.2-1206","catch_line":"Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active local law-enforcement officer, firefighter, etc., through a plan sponsor","order_by":null,"url":"\/2.2-1206\/"},{"id":77915,"section_number":"2.2-2819","catch_line":"Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active or retired state employee","order_by":null,"url":"\/2.2-2819\/"},{"id":72789,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","order_by":null,"url":"\/2.2-3711\/"},{"id":83688,"section_number":"2.2-4001","catch_line":"Definitions","order_by":null,"url":"\/2.2-4001\/"},{"id":74135,"section_number":"2.2-4003","catch_line":"Venue","order_by":null,"url":"\/2.2-4003\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"id":59727,"section_number":"2.2-4020.1","catch_line":"Summary case decisions","order_by":null,"url":"\/2.2-4020.1\/"},{"id":64118,"section_number":"2.2-4020.2","catch_line":"Default","order_by":null,"url":"\/2.2-4020.2\/"},{"id":57586,"section_number":"2.2-4024","catch_line":"Hearing officers","order_by":null,"url":"\/2.2-4024\/"},{"id":75768,"section_number":"2.2-4027","catch_line":"Issues on review","order_by":null,"url":"\/2.2-4027\/"},{"id":69405,"section_number":"22.1-289.023","catch_line":"Enforcement and sanctions; special orders; civil penalties","order_by":null,"url":"\/22.1-289.023\/"},{"id":84748,"section_number":"3.2-3625","catch_line":"Violations; civil penalties","order_by":null,"url":"\/3.2-3625\/"},{"id":74946,"section_number":"3.2-3943","catch_line":"Civil penalties; procedure","order_by":null,"url":"\/3.2-3943\/"},{"id":55834,"section_number":"3.2-400","catch_line":"Definitions","order_by":null,"url":"\/3.2-400\/"},{"id":61850,"section_number":"3.2-4118","catch_line":"Forfeiture of industrial hemp grower, handler, or processor registration; violations","order_by":null,"url":"\/3.2-4118\/"},{"id":61052,"section_number":"3.2-4774","catch_line":"Denial, suspension, or revocation of a license","order_by":null,"url":"\/3.2-4774\/"},{"id":64114,"section_number":"3.2-5211","catch_line":"Excessive drug residue; penalty","order_by":null,"url":"\/3.2-5211\/"},{"id":67835,"section_number":"3.2-5712","catch_line":"Denial, suspension, or revocation of registrations and certifications","order_by":null,"url":"\/3.2-5712\/"},{"id":61098,"section_number":"32.1-137.5","catch_line":"Civil penalties; probation; suspension; restriction or prohibition of new enrollments to managed care health insurance plan licensee; revocation or nonrenewal of certificate of quality assurance; appeal process; correction","order_by":null,"url":"\/32.1-137.5\/"},{"id":73851,"section_number":"32.1-162.15:1.20","catch_line":"(Effective July 1, 2026) Disciplinary action; civil penalties","order_by":null,"url":"\/32.1-162.15_1.20\/"},{"id":74693,"section_number":"32.1-164.1","catch_line":"Appeals from denials of septic tank permits; inspections","order_by":null,"url":"\/32.1-164.1\/"},{"id":63724,"section_number":"32.1-175.01","catch_line":"Issuance of special orders","order_by":null,"url":"\/32.1-175.01\/"},{"id":77478,"section_number":"32.1-27.3","catch_line":"Sanctions; civil penalty","order_by":null,"url":"\/32.1-27.3\/"},{"id":75066,"section_number":"32.1-325.1","catch_line":"Appeals of agency determinations","order_by":null,"url":"\/32.1-325.1\/"},{"id":72355,"section_number":"36-114","catch_line":"Board to hear appeals","order_by":null,"url":"\/36-114\/"},{"id":79849,"section_number":"37.2-419","catch_line":"Human rights and licensing enforcement and sanctions; notice","order_by":null,"url":"\/37.2-419\/"},{"id":78315,"section_number":"4.1-1605","catch_line":"Summary suspensions and restrictions","order_by":null,"url":"\/4.1-1605\/"},{"id":63378,"section_number":"45.2-1157","catch_line":" Notices of violations","order_by":null,"url":"\/45.2-1157\/"},{"id":82262,"section_number":"45.2-568","catch_line":" Notices of violations","order_by":null,"url":"\/45.2-568\/"},{"id":59691,"section_number":"46.2-208","catch_line":"Records of Department; when open for inspection; release of privileged information","order_by":null,"url":"\/46.2-208\/"},{"id":54973,"section_number":"54.1-1122","catch_line":"Consideration of applications for payment","order_by":null,"url":"\/54.1-1122\/"},{"id":65863,"section_number":"54.1-201","catch_line":"Powers and duties of regulatory boards","order_by":null,"url":"\/54.1-201\/"},{"id":61533,"section_number":"54.1-2114","catch_line":"Recovery from fund generally","order_by":null,"url":"\/54.1-2114\/"},{"id":75397,"section_number":"54.1-2349","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/54.1-2349\/"},{"id":65440,"section_number":"54.1-2400","catch_line":"General powers and duties of health regulatory boards","order_by":null,"url":"\/54.1-2400\/"},{"id":74983,"section_number":"54.1-2408.1","catch_line":"Summary action against licenses, certificates, registrations, or multistate licensure privilege; allegations to be in writing","order_by":null,"url":"\/54.1-2408.1\/"},{"id":85201,"section_number":"54.1-3014","catch_line":"Survey of nursing education programs; discontinuance of program; due process requirements","order_by":null,"url":"\/54.1-3014\/"},{"id":70469,"section_number":"54.1-3307.2","catch_line":"Approval of innovative programs","order_by":null,"url":"\/54.1-3307.2\/"},{"id":59011,"section_number":"54.1-3434.04","catch_line":"Automatic review of certain case decisions","order_by":null,"url":"\/54.1-3434.04\/"},{"id":78533,"section_number":"54.1-829.1","catch_line":"Sanctioning organization; amateur martial arts events","order_by":null,"url":"\/54.1-829.1\/"},{"id":82886,"section_number":"57-61.1","catch_line":"Time and effect of registration","order_by":null,"url":"\/57-61.1\/"},{"id":64181,"section_number":"62.1-44.15:21","catch_line":" Impacts to wetlands","order_by":null,"url":"\/62.1-44.15_21\/"},{"id":76513,"section_number":"62.1-44.34:15","catch_line":"Oil discharge contingency plans","order_by":null,"url":"\/62.1-44.34_15\/"},{"id":66185,"section_number":"63.2-1709.2","catch_line":"Enforcement and sanctions; special orders; civil penalties","order_by":null,"url":"\/63.2-1709.2\/"}],"refers_to":false,"permalink":{"id":176849,"object_type":"law","relational_id":85983,"identifier":"2.2-4019","token":"2.2\/II\/B\/40\/3\/2.2-4019","url":"\/2.2-4019\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4019\/","token":"2.2\/II\/B\/40\/3\/2.2-4019","dublin_core":{"Title":"Informal fact finding proceedings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4019","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Agencies shall ascertain the <span class=\"dictionary\">fact<\/span> basis for their decisions of <span class=\"dictionary\">cases<\/span> through informal conference or consultation proceedings unless the named <span class=\"dictionary\">party<\/span> and the <span class=\"dictionary\">agency<\/span> consent to <span class=\"dictionary\">waive<\/span> such a conference or proceeding to go directly to a formal hearing. Such conference-consultation procedures shall include rights of parties to the <span class=\"dictionary\">case<\/span> to (i) have reasonable notice thereof, which notice shall include contact information consisting of the name, telephone number, and government email address of the person designated by the <span class=\"dictionary\">agency<\/span> to answer questions or otherwise assist a named <span class=\"dictionary\">party<\/span>; (ii) appear in person or by <span class=\"dictionary\">counsel<\/span> or other qualified representative before the <span class=\"dictionary\">agency<\/span> or its <span class=\"dictionary\">subordinates<\/span>, or before a <span class=\"dictionary\">hearing officer<\/span> for the informal presentation of factual data, argument, or proof in connection with any <span class=\"dictionary\">case<\/span>; (iii) have notice of any contrary <span class=\"dictionary\">fact<\/span> basis or information in the <span class=\"dictionary\">possession<\/span> of the <span class=\"dictionary\">agency<\/span> that can be relied upon in making an adverse decision; (iv) receive a prompt decision of any application for a license, benefit, or renewal thereof; and (v) be informed, briefly and generally in writing, of the factual or procedural basis for an adverse decision in any <span class=\"dictionary\">case<\/span>. <a id=\"paragraph-307957\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-4019\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Agencies may, in their <span class=\"dictionary\">case decisions<\/span>, rely upon public data, documents or information only when the agencies have provided all parties with advance notice of an <span class=\"dictionary\">intent<\/span> to consider such public data, documents or information. This requirement shall not apply to an <span class=\"dictionary\">agency<\/span>&#8217;s reliance on <span class=\"dictionary\">case law<\/span> and administrative <span class=\"dictionary\">precedent<\/span>. <a id=\"paragraph-307958\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-4019\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nINFORMAL FACT FINDING PROCEEDINGS (\u00a7 2.2-4019)\n\nA. Agencies shall ascertain the fact basis for their decisions of cases through\ninformal conference or consultation proceedings unless the named party and the\nagency consent to waive such a conference or proceeding to go directly to a\nformal hearing. Such conference-consultation procedures shall include rights of\nparties to the case to (i) have reasonable notice thereof, which notice shall\ninclude contact information consisting of the name, telephone number, and\ngovernment email address of the person designated by the agency to answer\nquestions or otherwise assist a named party; (ii) appear in person or by counsel\nor other qualified representative before the agency or its subordinates, or\nbefore a hearing officer for the informal presentation of factual data,\nargument, or proof in connection with any case; (iii) have notice of any\ncontrary fact basis or information in the possession of the agency that can be\nrelied upon in making an adverse decision; (iv) receive a prompt decision of any\napplication for a license, benefit, or renewal thereof; and (v) be informed,\nbriefly and generally in writing, of the factual or procedural basis for an\nadverse decision in any case.\n\nB. Agencies may, in their case decisions, rely upon public data, documents or\ninformation only when the agencies have provided all parties with advance notice\nof an intent to consider such public data, documents or information. This\nrequirement shall not apply to an agency&#8217;s reliance on case law and\nadministrative precedent.\n\nHISTORY: 1975, c. 503, \u00a7 9-6.14:11; 1986, c. 615; 1989, c. 601; 1993, c. 898;\n1994, c. 748; 1995, c. 398; 2001, c. 844; 2016, c. 39.","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}}