{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4024.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4024.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4024.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4024.1.html"}],"law_id":57285,"edition_id":1,"section_id":57285,"structure_id":15024,"section_number":"2.2-4024.1","catch_line":"Disqualification","history":"2015, c. 636.","full_text":"A\n\nAn individual who has served as investigator, prosecutor, or advocate at any stage in a contested case or who is subject to the authority, direction, or discretion of an individual who has served as investigator, prosecutor, or advocate at any stage in a contested case may not serve as the presiding officer or hearing officer in the same case. An agency head who has participated in a determination of probable cause or other preliminary determination in an adjudication may serve as the presiding officer in the adjudication unless a party demonstrates grounds for disqualification under subsection B.B\n\nA presiding officer or hearing officer is subject to disqualification for any factor that would cause a reasonable person to question the impartiality of the presiding officer or hearing officer, which may include bias, prejudice, financial interest, or ex parte communications; however, the fact that a hearing officer is employed by an agency as a hearing officer, without more, is not grounds for disqualification. The presiding officer or hearing officer, after making a reasonable inquiry, shall disclose to the parties all known facts related to grounds for disqualification that are material to the impartiality of the presiding officer or hearing officer in the proceeding. The presiding officer or hearing officer may self-disqualify and withdraw from any case for reasons listed in this subsection.C\n\nA party may petition for the disqualification of the presiding officer or hearing officer promptly after notice that the person will preside or, if later, promptly on discovering facts establishing a ground for disqualification. The petition must state with particularity the ground on which it is claimed that a fair and impartial hearing cannot be accorded or the applicable rules of ethics that require disqualification. The petition may be denied if the party fails to promptly request disqualification after discovering a ground for disqualification.D\n\nA presiding officer not appointed pursuant to the provisions of § 2.2-4024, whose disqualification is requested shall decide whether to grant the petition and state in a record the facts and reasons for the decision. The decision to deny disqualification by a hearing officer appointed pursuant to § 2.2-4024 shall be reviewable according to the procedure set forth in subsection C of § 2.2-4024. In all other circumstances, the presiding officer’s or hearing officer’s decision to deny disqualification is subject to judicial review in accordance with this chapter, but is not otherwise subject to interlocutory review.","order_by":null,"text":{"0":{"id":209822,"text":"An individual who has served as investigator, prosecutor, or advocate at any stage in a contested case or who is subject to the authority, direction, or discretion of an individual who has served as investigator, prosecutor, or advocate at any stage in a contested case may not serve as the presiding officer or hearing officer in the same case. An agency head who has participated in a determination of probable cause or other preliminary determination in an adjudication may serve as the presiding officer in the adjudication unless a party demonstrates grounds for disqualification under subsection B.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":209823,"text":"A presiding officer or hearing officer is subject to disqualification for any factor that would cause a reasonable person to question the impartiality of the presiding officer or hearing officer, which may include bias, prejudice, financial interest, or ex parte communications; however, the fact that a hearing officer is employed by an agency as a hearing officer, without more, is not grounds for disqualification. The presiding officer or hearing officer, after making a reasonable inquiry, shall disclose to the parties all known facts related to grounds for disqualification that are material to the impartiality of the presiding officer or hearing officer in the proceeding. The presiding officer or hearing officer may self-disqualify and withdraw from any case for reasons listed in this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":209824,"text":"A party may petition for the disqualification of the presiding officer or hearing officer promptly after notice that the person will preside or, if later, promptly on discovering facts establishing a ground for disqualification. The petition must state with particularity the ground on which it is claimed that a fair and impartial hearing cannot be accorded or the applicable rules of ethics that require disqualification. The petition may be denied if the party fails to promptly request disqualification after discovering a ground for disqualification.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":209825,"text":"A presiding officer not appointed pursuant to the provisions of § 2.2-4024, whose disqualification is requested shall decide whether to grant the petition and state in a record the facts and reasons for the decision. The decision to deny disqualification by a hearing officer appointed pursuant to § 2.2-4024 shall be reviewable according to the procedure set forth in subsection C of § 2.2-4024. In all other circumstances, the presiding officer’s or hearing officer’s decision to deny disqualification is subject to judicial review in accordance with this chapter, but is not otherwise subject to interlocutory review.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15024,"edition_id":1,"name":"Hearing Officers","identifier":"4","label":"article","depth":5,"order_by":1,"parent_id":12798,"metadata":{},"date_created":"2026-06-26 03:51:34","date_modified":"2026-06-26 03:51:34","permalink":{"id":176881,"object_type":"structure","relational_id":15024,"identifier":"4","token":"2.2\/II\/B\/40\/4","url":"\/2.2\/II\/B\/40\/4\/","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":57586,"structure_id":15024,"section_number":"2.2-4024","catch_line":"Hearing officers","url":"\/2.2-4024\/","token":"2.2\/II\/B\/40\/4\/2.2-4024","metadata":false},{"id":57285,"structure_id":15024,"section_number":"2.2-4024.1","catch_line":"Disqualification","url":"\/2.2-4024.1\/","token":"2.2\/II\/B\/40\/4\/2.2-4024.1","metadata":false},{"id":83851,"structure_id":15024,"section_number":"2.2-4024.2","catch_line":"Ex parte communications","url":"\/2.2-4024.2\/","token":"2.2\/II\/B\/40\/4\/2.2-4024.2","metadata":false}],"previous_section":{"id":57586,"structure_id":15024,"section_number":"2.2-4024","catch_line":"Hearing officers","url":"\/2.2-4024\/","token":"2.2\/II\/B\/40\/4\/2.2-4024","metadata":false},"next_section":{"id":83851,"structure_id":15024,"section_number":"2.2-4024.2","catch_line":"Ex parte communications","url":"\/2.2-4024.2\/","token":"2.2\/II\/B\/40\/4\/2.2-4024.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4024.1\/","history_text":"

This law was first created in 2015. The record of its establishment is cataloged in chapter 636<\/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":[{"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\/"}],"refers_to":[{"id":57586,"section_number":"2.2-4024","catch_line":"Hearing officers","order_by":null,"url":"\/2.2-4024\/"}],"permalink":{"id":176887,"object_type":"law","relational_id":57285,"identifier":"2.2-4024.1","token":"2.2\/II\/B\/40\/4\/2.2-4024.1","url":"\/2.2-4024.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4024.1\/","token":"2.2\/II\/B\/40\/4\/2.2-4024.1","dublin_core":{"Title":"Disqualification","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4024.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An individual who has served as investigator, prosecutor, or advocate at any stage in a contested case<\/span> or who is subject to the authority, direction, or discretion of an individual who has served as investigator, prosecutor, or advocate at any stage in a contested case<\/span> may not serve as the presiding officer or hearing officer<\/span> in the same case<\/span>. An agency<\/span> head who has participated in a determination of probable cause<\/span> or other preliminary determination in an adjudication may serve as the presiding officer in the adjudication unless a party<\/span> demonstrates grounds for disqualification under subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A presiding officer or hearing officer<\/span> is subject to disqualification for any factor that would cause a reasonable person to question the impartiality of the presiding officer or hearing officer<\/span>, which may include bias, prejudice, financial interest, or ex parte<\/span> communications; however, the fact<\/span> that a hearing officer<\/span> is employed by an agency<\/span> as a hearing officer<\/span>, without more, is not grounds for disqualification. The presiding officer or hearing officer<\/span>, after making a reasonable inquiry, shall disclose to the parties all known facts<\/span> related to grounds for disqualification that are material<\/span> to the impartiality of the presiding officer or hearing officer<\/span> in the proceeding. The presiding officer or hearing officer<\/span> may self-disqualify and withdraw from any case<\/span> for reasons listed in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A party<\/span> may petition<\/span> for the disqualification of the presiding officer or hearing officer<\/span> promptly after notice that the person will preside or, if later, promptly on discovering facts<\/span> establishing a ground for disqualification. The petition<\/span> must state with particularity the ground on which it is claimed that a fair and impartial hearing cannot be accorded or the applicable rules<\/span> of ethics that require disqualification. The petition<\/span> may be denied if the party<\/span> fails to promptly request disqualification after discovering a ground for disqualification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A presiding officer not appointed pursuant to the provisions of § 2.2-4024<\/a>, whose disqualification is requested shall decide whether to grant the petition<\/span> and state in a record the facts<\/span> and reasons for the decision. The decision to deny disqualification by a hearing officer<\/span> appointed pursuant to § 2.2-4024<\/a> shall be reviewable according to the procedure set forth in subsection C of § 2.2-4024<\/a>. In all other circumstances, the presiding officer’s or hearing officer<\/span>’s decision to deny disqualification is subject to judicial review in accordance with this chapter, but is not otherwise subject to interlocutory<\/span> review. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISQUALIFICATION (\u00a7 2.2-4024.1)\n\nA. An individual who has served as investigator, prosecutor, or advocate at any\nstage in a contested case or who is subject to the authority, direction, or\ndiscretion of an individual who has served as investigator, prosecutor, or\nadvocate at any stage in a contested case may not serve as the presiding officer\nor hearing officer in the same case. An agency head who has participated in a\ndetermination of probable cause or other preliminary determination in an\nadjudication may serve as the presiding officer in the adjudication unless a\nparty demonstrates grounds for disqualification under subsection B.\n\nB. A presiding officer or hearing officer is subject to disqualification for any\nfactor that would cause a reasonable person to question the impartiality of the\npresiding officer or hearing officer, which may include bias, prejudice,\nfinancial interest, or ex parte communications; however, the fact that a hearing\nofficer is employed by an agency as a hearing officer, without more, is not\ngrounds for disqualification. The presiding officer or hearing officer, after\nmaking a reasonable inquiry, shall disclose to the parties all known facts\nrelated to grounds for disqualification that are material to the impartiality of\nthe presiding officer or hearing officer in the proceeding. The presiding\nofficer or hearing officer may self-disqualify and withdraw from any case for\nreasons listed in this subsection.\n\nC. A party may petition for the disqualification of the presiding officer or\nhearing officer promptly after notice that the person will preside or, if later,\npromptly on discovering facts establishing a ground for disqualification. The\npetition must state with particularity the ground on which it is claimed that a\nfair and impartial hearing cannot be accorded or the applicable rules of ethics\nthat require disqualification. The petition may be denied if the party fails to\npromptly request disqualification after discovering a ground for\ndisqualification.\n\nD. A presiding officer not appointed pursuant to the provisions of §\n2.2-4024, whose disqualification is requested shall decide whether to grant the\npetition and state in a record the facts and reasons for the decision. The\ndecision to deny disqualification by a hearing officer appointed pursuant to\n§ 2.2-4024 shall be reviewable according to the procedure set forth in\nsubsection C of § 2.2-4024. In all other circumstances, the presiding\nofficer’s or hearing officer’s decision to deny disqualification is\nsubject to judicial review in accordance with this chapter, but is not otherwise\nsubject to interlocutory review.\n\nHISTORY: 2015, c. 636.","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}}