{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4020.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4020.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4020.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4020.html"}],"law_id":71957,"edition_id":1,"section_id":71957,"structure_id":15531,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","history":"1975, c. 503, \u00a7 9-6.14:12; 1986, c. 615; 1991, c. 584; 1993, c. 898; 1995, c. 398; 2001, c. 844; 2016, cc. 39, 694.","full_text":"A\n\nThe agency shall afford opportunity for the formal taking of evidence upon relevant fact issues in any case in which the basic laws provide expressly for decisions upon or after hearing and may do so in any case to the extent that informal procedures under § 2.2-4019 have not been had or have failed to dispose of a case by consent.B\n\nParties to formal proceedings shall be given reasonable notice of the (i) time, place, and nature thereof; (ii) basic law under which the agency contemplates its possible exercise of authority; (iii) matters of fact and law asserted or questioned by the agency; and (iv) contact information consisting of the name, telephone number, and government email address of the person designated by the agency to respond to questions or otherwise assist a named party. Applicants for licenses, rights, benefits, or renewals thereof have the burden of approaching the agency concerned without such prior notice but they shall be similarly informed thereafter in the further course of the proceedings whether pursuant to this section or to § 2.2-4019.C\n\nIn all such formal proceedings the parties shall be entitled to be accompanied by and represented by counsel, to submit oral and documentary evidence and rebuttal proofs, to conduct such cross-examination as may elicit a full and fair disclosure of the facts, and to have the proceedings completed and a decision made with dispatch. The burden of proof shall be upon the proponent or applicant. The presiding officers at the proceedings may (i) administer oaths and affirmations, (ii) receive probative evidence, exclude irrelevant, immaterial, insubstantial, privileged, or repetitive proofs, rebuttal, or cross-examination, rule upon offers of proof, and oversee a verbatim recording of the evidence, (iii) hold conferences for the settlement or simplification of issues by consent, (iv) dispose of procedural requests, and (v) regulate and expedite the course of the hearing. Where a hearing officer presides, or where a subordinate designated for that purpose presides in hearings specified in subsection F of § 2.2-4024, he shall recommend findings and a decision unless the agency shall by its procedural regulations provide for the making of findings and an initial decision by the presiding officers subject to review and reconsideration by the agency on appeal to it as of right or on its own motion. The agency shall give deference to findings by the presiding officer explicitly based on the demeanor of witnesses.D\n\nPrior to the recommendations or decisions of subordinates, the parties concerned shall be given opportunity, on request, to submit in writing for the record (i) proposed findings and conclusions and (ii) statements of reasons therefor. In all cases, on request, opportunity shall be afforded for oral argument (a) to hearing officers or subordinate presiding officers, as the case may be, in all cases in which they make such recommendations or decisions or (b) to the agency in cases in which it makes the original decision without such prior recommendation and otherwise as it may permit in its discretion or provide by general rule. Where hearing officers or subordinate presiding officers, as the case may be, make recommendations, the agency shall receive and act on exceptions thereto.E\n\nAll decisions or recommended decisions shall be served upon the parties, become a part of the record, and briefly state or recommend the findings, conclusions, reasons, or basis therefor upon the evidence presented by the record and relevant to the basic law under which the agency is operating together with the appropriate order, license, grant of benefits, sanction, relief, or denial thereof.","order_by":null,"text":{"0":{"id":259282,"text":"The agency shall afford opportunity for the formal taking of evidence upon relevant fact issues in any case in which the basic laws provide expressly for decisions upon or after hearing and may do so in any case to the extent that informal procedures under § 2.2-4019 have not been had or have failed to dispose of a case by consent.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259283,"text":"Parties to formal proceedings shall be given reasonable notice of the (i) time, place, and nature thereof; (ii) basic law under which the agency contemplates its possible exercise of authority; (iii) matters of fact and law asserted or questioned by the agency; and (iv) contact information consisting of the name, telephone number, and government email address of the person designated by the agency to respond to questions or otherwise assist a named party. Applicants for licenses, rights, benefits, or renewals thereof have the burden of approaching the agency concerned without such prior notice but they shall be similarly informed thereafter in the further course of the proceedings whether pursuant to this section or to § 2.2-4019.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259284,"text":"In all such formal proceedings the parties shall be entitled to be accompanied by and represented by counsel, to submit oral and documentary evidence and rebuttal proofs, to conduct such cross-examination as may elicit a full and fair disclosure of the facts, and to have the proceedings completed and a decision made with dispatch. The burden of proof shall be upon the proponent or applicant. The presiding officers at the proceedings may (i) administer oaths and affirmations, (ii) receive probative evidence, exclude irrelevant, immaterial, insubstantial, privileged, or repetitive proofs, rebuttal, or cross-examination, rule upon offers of proof, and oversee a verbatim recording of the evidence, (iii) hold conferences for the settlement or simplification of issues by consent, (iv) dispose of procedural requests, and (v) regulate and expedite the course of the hearing. Where a hearing officer presides, or where a subordinate designated for that purpose presides in hearings specified in subsection F of § 2.2-4024, he shall recommend findings and a decision unless the agency shall by its procedural regulations provide for the making of findings and an initial decision by the presiding officers subject to review and reconsideration by the agency on appeal to it as of right or on its own motion. The agency shall give deference to findings by the presiding officer explicitly based on the demeanor of witnesses.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":259285,"text":"Prior to the recommendations or decisions of subordinates, the parties concerned shall be given opportunity, on request, to submit in writing for the record (i) proposed findings and conclusions and (ii) statements of reasons therefor. In all cases, on request, opportunity shall be afforded for oral argument (a) to hearing officers or subordinate presiding officers, as the case may be, in all cases in which they make such recommendations or decisions or (b) to the agency in cases in which it makes the original decision without such prior recommendation and otherwise as it may permit in its discretion or provide by general rule. Where hearing officers or subordinate presiding officers, as the case may be, make recommendations, the agency shall receive and act on exceptions thereto.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":259286,"text":"All decisions or recommended decisions shall be served upon the parties, become a part of the record, and briefly state or recommend the findings, conclusions, reasons, or basis therefor upon the evidence presented by the record and relevant to the basic law under which the agency is operating together with the appropriate order, license, grant of benefits, sanction, relief, or denial thereof.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4020\/","history_text":"

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 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 1986, chapter 615; in 1991, chapter 584; in 1993, chapter 898; in 1995, chapter 398<\/a>; in 2001, chapter 844<\/a>; in 2016, chapters 39<\/a> and 694<\/a>.<\/p>","references":[{"id":62947,"section_number":"10.1-1181.2","catch_line":"Conduct of silvicultural activities; issuance of special orders","order_by":null,"url":"\/10.1-1181.2\/"},{"id":74126,"section_number":"10.1-1181.3","catch_line":"Civil penalties","order_by":null,"url":"\/10.1-1181.3\/"},{"id":58447,"section_number":"10.1-1181.4","catch_line":"Final decisions; costs of hearing examiner","order_by":null,"url":"\/10.1-1181.4\/"},{"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":73292,"section_number":"10.1-1309","catch_line":"Issuance of special orders; civil penalties","order_by":null,"url":"\/10.1-1309\/"},{"id":70397,"section_number":"10.1-1455","catch_line":"Penalties and enforcement","order_by":null,"url":"\/10.1-1455\/"},{"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":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":61926,"section_number":"2.2-4023.1","catch_line":"Reconsideration","order_by":null,"url":"\/2.2-4023.1\/"},{"id":57586,"section_number":"2.2-4024","catch_line":"Hearing officers","order_by":null,"url":"\/2.2-4024\/"},{"id":83851,"section_number":"2.2-4024.2","catch_line":"Ex parte communications","order_by":null,"url":"\/2.2-4024.2\/"},{"id":75768,"section_number":"2.2-4027","catch_line":"Issues on review","order_by":null,"url":"\/2.2-4027\/"},{"id":64114,"section_number":"3.2-5211","catch_line":"Excessive drug residue; penalty","order_by":null,"url":"\/3.2-5211\/"},{"id":60850,"section_number":"32.1-126","catch_line":"Commissioner to inspect and to issue licenses to or assure compliance with certification requirements for hospitals, nursing homes, and certified nursing facilities; notice of denial of license; consultative advice and assistance; notice to electric utilities","order_by":null,"url":"\/32.1-126\/"},{"id":72135,"section_number":"32.1-166.7","catch_line":"Subpoenas; witnesses; designation of subordinates","order_by":null,"url":"\/32.1-166.7\/"},{"id":75066,"section_number":"32.1-325.1","catch_line":"Appeals of agency determinations","order_by":null,"url":"\/32.1-325.1\/"},{"id":65941,"section_number":"36-115","catch_line":"Subpoenas; witnesses; designation of subordinates","order_by":null,"url":"\/36-115\/"},{"id":79871,"section_number":"4.1-227","catch_line":"Suspension or revocation of licenses; notice and hearings; imposition of penalties","order_by":null,"url":"\/4.1-227\/"},{"id":86764,"section_number":"45.2-1026","catch_line":" Hearings","order_by":null,"url":"\/45.2-1026\/"},{"id":69340,"section_number":"45.2-1120","catch_line":" Revocation of certificates","order_by":null,"url":"\/45.2-1120\/"},{"id":63378,"section_number":"45.2-1157","catch_line":" Notices of violations","order_by":null,"url":"\/45.2-1157\/"},{"id":76187,"section_number":"45.2-528","catch_line":" Board action; suspend, revoke, or take other action","order_by":null,"url":"\/45.2-528\/"},{"id":82262,"section_number":"45.2-568","catch_line":" Notices of violations","order_by":null,"url":"\/45.2-568\/"},{"id":84528,"section_number":"46.2-117","catch_line":"Revocation and suspension of registration of tow truck driver; notice and hearing; assessment of costs","order_by":null,"url":"\/46.2-117\/"},{"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":78265,"section_number":"54.1-203","catch_line":"Recovery of cost after grant of formal fact-finding","order_by":null,"url":"\/54.1-203\/"},{"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":81856,"section_number":"54.1-2958","catch_line":"Procedure for determining acceptability of foreign courses of study and educational institutions","order_by":null,"url":"\/54.1-2958\/"},{"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":64058,"section_number":"54.1-4418","catch_line":"Recovery of cost after grant of formal fact-finding","order_by":null,"url":"\/54.1-4418\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":85595,"section_number":"62.1-44.26","catch_line":"Hearings","order_by":null,"url":"\/62.1-44.26\/"}],"refers_to":[{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":57586,"section_number":"2.2-4024","catch_line":"Hearing officers","order_by":null,"url":"\/2.2-4024\/"}],"permalink":{"id":176853,"object_type":"law","relational_id":71957,"identifier":"2.2-4020","token":"2.2\/II\/B\/40\/3\/2.2-4020","url":"\/2.2-4020\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4020\/","token":"2.2\/II\/B\/40\/3\/2.2-4020","dublin_core":{"Title":"Formal hearings; litigated issues","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4020","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The agency<\/span> shall afford opportunity for the formal taking of evidence<\/span> upon relevant fact<\/span> issues<\/span> in any case<\/span> in which the basic laws<\/span><\/span> provide expressly for decisions upon or after hearing<\/span> and may do so in any case<\/span> to the extent that informal procedures under § 2.2-4019<\/a> have not been had or have failed to dispose of a case<\/span> by consent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Parties to formal proceedings shall be given reasonable notice of the (i) time, place, and nature thereof; (ii) basic law<\/span> under which the agency<\/span> contemplates its possible exercise of authority; (iii) matters of fact<\/span> and law asserted or questioned by the agency<\/span>; and (iv) contact information consisting of the name, telephone number, and government email address of the person designated by the agency<\/span> to respond to questions or otherwise assist a named party<\/span>. Applicants for licenses, rights, benefits, or renewals thereof have the burden of approaching the agency<\/span> concerned without such prior notice but they shall be similarly informed thereafter in the further course of the proceedings whether pursuant to this section or to § 2.2-4019<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In all such formal proceedings the parties shall be entitled to be accompanied by and represented by counsel<\/span>, to submit oral and documentary evidence<\/span> and rebuttal<\/span> proofs, to conduct such cross-examination as may elicit a full and fair disclosure of the facts<\/span>, and to have the proceedings completed and a decision made with dispatch. The burden of proof<\/span> shall be upon the proponent or applicant. The presiding officers at the proceedings may (i) administer oaths<\/span> and affirmations, (ii) receive probative evidence<\/span>, exclude irrelevant, immaterial, insubstantial, privileged, or repetitive proofs, rebuttal<\/span>, or cross-examination, rule<\/span> upon offers of proof, and oversee a verbatim recording of the evidence<\/span>, (iii) hold conferences for the settlement<\/span> or simplification of issues<\/span> by consent, (iv) dispose of procedural requests, and (v) regulate and expedite the course of the hearing. Where a hearing officer<\/span> presides, or where a subordinate<\/span> designated for that purpose presides in hearings<\/span> specified in subsection F of § 2.2-4024<\/a>, he shall recommend findings<\/span> and a decision unless the agency<\/span> shall by its procedural regulations<\/span> provide for the making of findings<\/span> and an initial decision by the presiding officers subject to review and reconsideration by the agency<\/span> on appeal<\/span> to it as of right or on its own motion<\/span>. The agency<\/span> shall give deference to findings<\/span> by the presiding officer explicitly based on the demeanor of witnesses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Prior to the recommendations or decisions of subordinates<\/span>, the parties concerned shall be given opportunity, on request, to submit in writing for the record (i) proposed findings<\/span> and conclusions and (ii) statements of reasons therefor. In all cases<\/span>, on request, opportunity shall be afforded for oral argument<\/span> (a) to hearing officers<\/span> or subordinate<\/span> presiding officers, as the case<\/span> may be, in all cases<\/span> in which they make such recommendations or decisions or (b) to the agency<\/span> in cases<\/span> in which it makes the original decision without such prior recommendation and otherwise as it may permit in its discretion or provide by general rule<\/span>. Where hearing officers<\/span> or subordinate<\/span> presiding officers, as the case<\/span> may be, make recommendations, the agency<\/span> shall receive and act on exceptions thereto. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> All decisions or recommended decisions shall be served upon the parties, become a part of the record, and briefly state or recommend the findings<\/span>, conclusions, reasons, or basis therefor upon the evidence<\/span> presented by the record and relevant to the basic law<\/span> under which the agency<\/span> is operating together with the appropriate order<\/span>, license, grant of benefits, sanction<\/span>, relief, or denial thereof. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFORMAL HEARINGS; LITIGATED ISSUES (\u00a7 2.2-4020)\n\nA. The agency shall afford opportunity for the formal taking of evidence upon\nrelevant fact issues in any case in which the basic laws provide expressly for\ndecisions upon or after hearing and may do so in any case to the extent that\ninformal procedures under § 2.2-4019 have not been had or have failed to\ndispose of a case by consent.\n\nB. Parties to formal proceedings shall be given reasonable notice of the (i)\ntime, place, and nature thereof; (ii) basic law under which the agency\ncontemplates its possible exercise of authority; (iii) matters of fact and law\nasserted or questioned by the agency; and (iv) contact information consisting of\nthe name, telephone number, and government email address of the person\ndesignated by the agency to respond to questions or otherwise assist a named\nparty. Applicants for licenses, rights, benefits, or renewals thereof have the\nburden of approaching the agency concerned without such prior notice but they\nshall be similarly informed thereafter in the further course of the proceedings\nwhether pursuant to this section or to § 2.2-4019.\n\nC. In all such formal proceedings the parties shall be entitled to be\naccompanied by and represented by counsel, to submit oral and documentary\nevidence and rebuttal proofs, to conduct such cross-examination as may elicit a\nfull and fair disclosure of the facts, and to have the proceedings completed and\na decision made with dispatch. The burden of proof shall be upon the proponent\nor applicant. The presiding officers at the proceedings may (i) administer oaths\nand affirmations, (ii) receive probative evidence, exclude irrelevant,\nimmaterial, insubstantial, privileged, or repetitive proofs, rebuttal, or\ncross-examination, rule upon offers of proof, and oversee a verbatim recording\nof the evidence, (iii) hold conferences for the settlement or simplification of\nissues by consent, (iv) dispose of procedural requests, and (v) regulate and\nexpedite the course of the hearing. Where a hearing officer presides, or where a\nsubordinate designated for that purpose presides in hearings specified in\nsubsection F of § 2.2-4024, he shall recommend findings and a decision\nunless the agency shall by its procedural regulations provide for the making of\nfindings and an initial decision by the presiding officers subject to review and\nreconsideration by the agency on appeal to it as of right or on its own motion.\nThe agency shall give deference to findings by the presiding officer explicitly\nbased on the demeanor of witnesses.\n\nD. Prior to the recommendations or decisions of subordinates, the parties\nconcerned shall be given opportunity, on request, to submit in writing for the\nrecord (i) proposed findings and conclusions and (ii) statements of reasons\ntherefor. In all cases, on request, opportunity shall be afforded for oral\nargument (a) to hearing officers or subordinate presiding officers, as the case\nmay be, in all cases in which they make such recommendations or decisions or (b)\nto the agency in cases in which it makes the original decision without such\nprior recommendation and otherwise as it may permit in its discretion or provide\nby general rule. Where hearing officers or subordinate presiding officers, as\nthe case may be, make recommendations, the agency shall receive and act on\nexceptions thereto.\n\nE. All decisions or recommended decisions shall be served upon the parties,\nbecome a part of the record, and briefly state or recommend the findings,\nconclusions, reasons, or basis therefor upon the evidence presented by the\nrecord and relevant to the basic law under which the agency is operating\ntogether with the appropriate order, license, grant of benefits, sanction,\nrelief, or denial thereof.\n\nHISTORY: 1975, c. 503, \u00a7 9-6.14:12; 1986, c. 615; 1991, c. 584; 1993, c. 898;\n1995, c. 398; 2001, c. 844; 2016, cc. 39, 694.","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}}