{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4020.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4020.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4020.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4020.2.html"}],"law_id":64118,"edition_id":1,"section_id":64118,"structure_id":15531,"section_number":"2.2-4020.2","catch_line":"Default","history":"2015, c. 638.","full_text":"A\n\nUnless otherwise provided by law, if a party without good cause fails to attend or appear at a formal hearing conducted in accordance with § 2.2-4020, or at an informal fact-finding proceeding conducted pursuant to § 2.2-4019, the presiding officer may issue a default order.B\n\nA default order shall not be issued by the presiding officer unless the party against whom the default order is entered has been sent the notice that contains a notification that a default order may be issued against that party if that party fails without good cause to attend or appear at the hearing or informal fact-finding proceeding that is the subject of the notice.C\n\nIf a default order is issued, the presiding officer may conduct all further proceedings necessary to complete the adjudication without the defaulting party and shall determine all issues in the adjudication, including those affecting the defaulting party.D\n\nA recommended, initial, or final order issued against a defaulting party may be based on the defaulting party’s admissions or other evidence that may be used without notice to the defaulting party. If the burden of proof is on the defaulting party to establish that the party is entitled to the agency action sought, the presiding officer may issue a recommended, initial, or final order without taking evidence.E\n\nNot later than 15 days after notice to a party subject to a default order that a recommended, initial, or final order has been rendered against the party, the party may petition the presiding officer to vacate the recommended, initial, or final order. If good cause is shown for the party’s failure to appear, the presiding officer shall vacate the decision and, after proper service of notice, conduct another evidentiary hearing. If good cause is not shown for the party’s failure to appear, the presiding officer shall deny the motion to vacate.F\n\nThe provisions of this section shall not apply to any administrative hearings process that is governed by § 32.1-325.1 relating to provider appeals.","order_by":null,"text":{"0":{"id":233442,"text":"Unless otherwise provided by law, if a party without good cause fails to attend or appear at a formal hearing conducted in accordance with § 2.2-4020, or at an informal fact-finding proceeding conducted pursuant to § 2.2-4019, the presiding officer may issue a default order.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":233443,"text":"A default order shall not be issued by the presiding officer unless the party against whom the default order is entered has been sent the notice that contains a notification that a default order may be issued against that party if that party fails without good cause to attend or appear at the hearing or informal fact-finding proceeding that is the subject of the notice.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":233444,"text":"If a default order is issued, the presiding officer may conduct all further proceedings necessary to complete the adjudication without the defaulting party and shall determine all issues in the adjudication, including those affecting the defaulting party.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":233445,"text":"A recommended, initial, or final order issued against a defaulting party may be based on the defaulting party’s admissions or other evidence that may be used without notice to the defaulting party. If the burden of proof is on the defaulting party to establish that the party is entitled to the agency action sought, the presiding officer may issue a recommended, initial, or final order without taking evidence.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":233446,"text":"Not later than 15 days after notice to a party subject to a default order that a recommended, initial, or final order has been rendered against the party, the party may petition the presiding officer to vacate the recommended, initial, or final order. If good cause is shown for the party’s failure to appear, the presiding officer shall vacate the decision and, after proper service of notice, conduct another evidentiary hearing. If good cause is not shown for the party’s failure to appear, the presiding officer shall deny the motion to vacate.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":233447,"text":"The provisions of this section shall not apply to any administrative hearings process that is governed by § 32.1-325.1 relating to provider appeals.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4020.2\/","history_text":"

This law was first created in 2015. The record of its establishment is cataloged in chapter 638<\/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.<\/p>","references":false,"refers_to":[{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"id":75066,"section_number":"32.1-325.1","catch_line":"Appeals of agency determinations","order_by":null,"url":"\/32.1-325.1\/"}],"permalink":{"id":176861,"object_type":"law","relational_id":64118,"identifier":"2.2-4020.2","token":"2.2\/II\/B\/40\/3\/2.2-4020.2","url":"\/2.2-4020.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4020.2\/","token":"2.2\/II\/B\/40\/3\/2.2-4020.2","dublin_core":{"Title":"Default","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4020.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Unless otherwise provided by law<\/span>, if a party<\/span> without good cause fails to attend or appear at a formal hearing<\/span> conducted in accordance with § 2.2-4020<\/a>, or at an informal fact<\/span>-finding<\/span> proceeding conducted pursuant to § 2.2-4019<\/a>, the presiding officer may issue<\/span> a default<\/span> order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A default<\/span> order<\/span> shall not be issued by the presiding officer unless the party<\/span> against whom the default<\/span> order<\/span> is entered has been sent the notice that contains a notification that a default<\/span> order<\/span> may be issued against that party<\/span> if that party<\/span> fails without good cause to attend or appear at the hearing<\/span> or informal fact<\/span>-finding<\/span> proceeding that is the subject of the notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a default<\/span> order<\/span> is issued, the presiding officer may conduct all further proceedings necessary to complete the adjudication without the defaulting party<\/span> and shall determine all issues<\/span> in the adjudication, including those affecting the defaulting party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A recommended, initial, or final order<\/span> issued against a defaulting party<\/span> may be based on the defaulting party<\/span>’s admissions or other evidence<\/span> that may be used without notice to the defaulting party<\/span>. If the burden of proof<\/span> is on the defaulting party<\/span> to establish that the party<\/span> is entitled to the agency action<\/span> sought, the presiding officer may issue<\/span> a recommended, initial, or final order<\/span> without taking evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Not later than 15 days after notice to a party<\/span> subject to a default<\/span> order that a recommended, initial, or final order<\/span> has been rendered against the party<\/span>, the party<\/span> may petition<\/span> the presiding officer to vacate the recommended, initial, or final order<\/span>. If good cause is shown for the party<\/span>’s failure to appear, the presiding officer shall vacate the decision and, after proper service of notice, conduct another evidentiary hearing<\/span>. If good cause is not shown for the party<\/span>’s failure to appear, the presiding officer shall deny the motion<\/span> to vacate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The provisions of this section shall not apply to any administrative hearings<\/span> process that is governed by § 32.1-325.1<\/a> relating to provider appeals<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFAULT (\u00a7 2.2-4020.2)\n\nA. Unless otherwise provided by law, if a party without good cause fails to\nattend or appear at a formal hearing conducted in accordance with §\n2.2-4020, or at an informal fact-finding proceeding conducted pursuant to §\n2.2-4019, the presiding officer may issue a default order.\n\nB. A default order shall not be issued by the presiding officer unless the party\nagainst whom the default order is entered has been sent the notice that contains\na notification that a default order may be issued against that party if that\nparty fails without good cause to attend or appear at the hearing or informal\nfact-finding proceeding that is the subject of the notice.\n\nC. If a default order is issued, the presiding officer may conduct all further\nproceedings necessary to complete the adjudication without the defaulting party\nand shall determine all issues in the adjudication, including those affecting\nthe defaulting party.\n\nD. A recommended, initial, or final order issued against a defaulting party may\nbe based on the defaulting party’s admissions or other evidence that may\nbe used without notice to the defaulting party. If the burden of proof is on the\ndefaulting party to establish that the party is entitled to the agency action\nsought, the presiding officer may issue a recommended, initial, or final order\nwithout taking evidence.\n\nE. Not later than 15 days after notice to a party subject to a default order\nthat a recommended, initial, or final order has been rendered against the party,\nthe party may petition the presiding officer to vacate the recommended, initial,\nor final order. If good cause is shown for the party’s failure to appear,\nthe presiding officer shall vacate the decision and, after proper service of\nnotice, conduct another evidentiary hearing. If good cause is not shown for the\nparty’s failure to appear, the presiding officer shall deny the motion to\nvacate.\n\nF. The provisions of this section shall not apply to any administrative hearings\nprocess that is governed by § 32.1-325.1 relating to provider appeals.\n\nHISTORY: 2015, c. 638.","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}}