{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4024.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4024.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4024.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4024.2.html"}],"law_id":83851,"edition_id":1,"section_id":83851,"structure_id":15024,"section_number":"2.2-4024.2","catch_line":"Ex parte communications","history":"2016, c. 478.","full_text":"A\n\nExcept as otherwise provided in this section, while a formal hearing conducted in accordance with § 2.2-4020 is pending, the hearing officer shall not communicate with any person concerning the hearing without notice and opportunity for all parties to participate in the communication.B\n\nA hearing officer may communicate about a pending formal hearing conducted in accordance with § 2.2-4020 with any person if the communication is authorized by law or concerns an uncontested procedural issue. A hearing officer may communicate with any person on ministerial matters about a pending formal hearing conducted in accordance with § 2.2-4020 if the communication does not augment, diminish, or modify the evidence in the record.C\n\nIf a hearing officer makes or receives a communication prohibited by this section, the hearing officer shall make a part of the hearing record: (i) a copy of the communication or, if it is not written, a memorandum containing the substance of the communication; (ii) the response thereto; and (iii) the identity of the person who made the communication.D\n\nIf a communication prohibited by this section is made, the hearing officer shall notify all parties of the prohibited communication and permit the parties to respond not later than 15 days after the notice is given. For good cause, the hearing officer may permit additional evidence in response to the prohibited communication.E\n\nIf necessary to eliminate any prejudicial effect of a communication made that is prohibited by this section, a hearing officer may (i) be disqualified under § 2.2-4024.1; (ii) seal the parts of the record pertaining to the communication by protective order; or (iii) grant other appropriate relief, including an adverse ruling on the merits of the case.","order_by":null,"text":{"0":{"id":300538,"text":"Except as otherwise provided in this section, while a formal hearing conducted in accordance with § 2.2-4020 is pending, the hearing officer shall not communicate with any person concerning the hearing without notice and opportunity for all parties to participate in the communication.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":300539,"text":"A hearing officer may communicate about a pending formal hearing conducted in accordance with § 2.2-4020 with any person if the communication is authorized by law or concerns an uncontested procedural issue. A hearing officer may communicate with any person on ministerial matters about a pending formal hearing conducted in accordance with § 2.2-4020 if the communication does not augment, diminish, or modify the evidence in the record.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":300540,"text":"If a hearing officer makes or receives a communication prohibited by this section, the hearing officer shall make a part of the hearing record: (i) a copy of the communication or, if it is not written, a memorandum containing the substance of the communication; (ii) the response thereto; and (iii) the identity of the person who made the communication.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":300541,"text":"If a communication prohibited by this section is made, the hearing officer shall notify all parties of the prohibited communication and permit the parties to respond not later than 15 days after the notice is given. For good cause, the hearing officer may permit additional evidence in response to the prohibited communication.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":300542,"text":"If necessary to eliminate any prejudicial effect of a communication made that is prohibited by this section, a hearing officer may (i) be disqualified under § 2.2-4024.1; (ii) seal the parts of the record pertaining to the communication by protective order; or (iii) grant other appropriate relief, including an adverse ruling on the merits of the case.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4024.2\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapter 478<\/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":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"id":57285,"section_number":"2.2-4024.1","catch_line":"Disqualification","order_by":null,"url":"\/2.2-4024.1\/"}],"permalink":{"id":176891,"object_type":"law","relational_id":83851,"identifier":"2.2-4024.2","token":"2.2\/II\/B\/40\/4\/2.2-4024.2","url":"\/2.2-4024.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4024.2\/","token":"2.2\/II\/B\/40\/4\/2.2-4024.2","dublin_core":{"Title":"Ex parte communications","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4024.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in this section, while a formal hearing conducted in accordance with § 2.2-4020<\/a> is pending, the hearing officer<\/span> shall not communicate with any person concerning the hearing without notice and opportunity for all parties to participate in the communication. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A hearing officer<\/span> may communicate about a pending formal hearing conducted in accordance with § 2.2-4020<\/a> with any person if the communication is authorized by law<\/span> or concerns an uncontested procedural issue<\/span>. A hearing officer<\/span> may communicate with any person on ministerial matters about a pending formal hearing conducted in accordance with § 2.2-4020<\/a> if the communication does not augment, diminish, or modify the evidence<\/span> in the record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a hearing officer<\/span> makes or receives a communication prohibited by this section, the hearing officer<\/span> shall make a part of the hearing record: (i) a copy of the communication or, if it is not written, a memorandum<\/span> containing the substance of the communication; (ii) the response thereto; and (iii) the identity of the person who made the communication. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a communication prohibited by this section is made, the hearing officer<\/span> shall notify all parties of the prohibited communication and permit the parties to respond not later than 15 days after the notice is given. For good cause, the hearing officer<\/span> may permit additional evidence<\/span> in response to the prohibited communication. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If necessary to eliminate any prejudicial effect of a communication made that is prohibited by this section, a hearing officer<\/span> may (i) be disqualified under § 2.2-4024.1<\/a>; (ii) seal the parts of the record pertaining to the communication by protective order<\/span>; or (iii) grant other appropriate relief, including an adverse ruling on the merits of the case<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEX PARTE COMMUNICATIONS (\u00a7 2.2-4024.2)\n\nA. Except as otherwise provided in this section, while a formal hearing\nconducted in accordance with § 2.2-4020 is pending, the hearing officer\nshall not communicate with any person concerning the hearing without notice and\nopportunity for all parties to participate in the communication.\n\nB. A hearing officer may communicate about a pending formal hearing conducted in\naccordance with § 2.2-4020 with any person if the communication is\nauthorized by law or concerns an uncontested procedural issue. A hearing officer\nmay communicate with any person on ministerial matters about a pending formal\nhearing conducted in accordance with § 2.2-4020 if the communication does\nnot augment, diminish, or modify the evidence in the record.\n\nC. If a hearing officer makes or receives a communication prohibited by this\nsection, the hearing officer shall make a part of the hearing record: (i) a copy\nof the communication or, if it is not written, a memorandum containing the\nsubstance of the communication; (ii) the response thereto; and (iii) the\nidentity of the person who made the communication.\n\nD. If a communication prohibited by this section is made, the hearing officer\nshall notify all parties of the prohibited communication and permit the parties\nto respond not later than 15 days after the notice is given. For good cause, the\nhearing officer may permit additional evidence in response to the prohibited\ncommunication.\n\nE. If necessary to eliminate any prejudicial effect of a communication made that\nis prohibited by this section, a hearing officer may (i) be disqualified under\n§ 2.2-4024.1; (ii) seal the parts of the record pertaining to the\ncommunication by protective order; or (iii) grant other appropriate relief,\nincluding an adverse ruling on the merits of the case.\n\nHISTORY: 2016, c. 478.","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}}