{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4024.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4024.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4024.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4024.html"}],"law_id":57586,"edition_id":1,"section_id":57586,"structure_id":15024,"section_number":"2.2-4024","catch_line":"Hearing officers","history":"1986, c. 615, \u00a7 9-6.14:14.1; 1988, c. 865; 1990, c. 219; 1991, c. 214; 1992, c. 659; 1993, c. 898; 1995, cc. 744, 776, 803, 805; 1996, cc. 189, 205, 639, 658; 2001, c. 844; 2002, cc. 448, 698; 2009, c. 806; 2012, cc. 803, 835; 2015, cc. 38, 636, 730; 2018, c. 613; 2020, c. 958.","full_text":"A\n\nIn all formal hearings conducted in accordance with \u00a7 2.2-4020, the hearing shall be presided over by a hearing officer selected from a list prepared by the Executive Secretary of the Supreme Court and maintained in the Office of the Executive Secretary of the Supreme Court. Parties to informal fact-finding proceedings conducted pursuant to \u00a7 2.2-4019 may agree at the outset of the proceeding to have a hearing officer preside at the proceeding, such agreement to be revoked only by mutual consent. The Executive Secretary may promulgate rules necessary for the administration of the hearing officer system and shall have the authority to establish the number of hearing officers necessary to preside over administrative hearings in the Commonwealth.\n\t\t\tPrior to being included on the list, all hearing officers shall meet the following minimum standards:1\n\nActive membership in good standing in the Virginia State Bar;2\n\nActive practice of law for at least five years; and3\n\nCompletion of a course of training approved by the Executive Secretary of the Supreme Court. In order to comply with the demonstrated requirements of the agency requesting a hearing officer, the Executive Secretary may require additional training before a hearing officer shall be assigned to a proceeding before that agency.B\n\nOn request from the head of an agency, the Executive Secretary shall name a hearing officer from the list, selected on a rotation system administered by the Executive Secretary. Lists reflecting geographic preference and specialized training or knowledge shall be maintained by the Executive Secretary if an agency demonstrates the need.C\n\nA hearing officer appointed in accordance with this section shall be subject to disqualification as provided in § 2.2-4024.1. If the hearing officer denies a petition for disqualification pursuant to § 2.2-4024.1, the petitioning party may request reconsideration of the denial by filing a written request with the Executive Secretary along with an affidavit, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded, or the applicable rule of practice requiring disqualification.\n\t\t\tThe issue shall be determined not less than 10 days prior to the hearing by the Executive Secretary.D\n\nAny hearing officer empowered by the agency to provide a recommendation or conclusion in a case decision matter shall render that recommendation or conclusion as follows:1\n\nIf the agency’s written regulations or procedures require the hearing officer to render a recommendation or conclusion within a specified time period, the hearing officer shall render the recommendation or conclusion on or before the expiration of the specified period; and2\n\nIn all other cases, the hearing officer shall render the recommendation or conclusion within 90 days from the date of the case decision proceeding or from a later date agreed to by the named party and the agency.\n\t\t\t\tIf the hearing officer does not render a decision within the time required by this subsection, then the agency or the named party to the case decision may provide written notice to the hearing officer and the Executive Secretary of the Supreme Court that a decision is due. If no decision is made within 30 days from receipt by the hearing officer of the notice, then the Executive Secretary of the Supreme Court shall remove the hearing officer from the hearing officer list and report the hearing officer to the Virginia State Bar for possible disciplinary action, unless good cause is shown for the delay.E\n\nThe Executive Secretary shall remove hearing officers from the list, upon a showing of cause after written notice and an opportunity for a hearing. When there is a failure by a hearing officer to render a decision as required by subsection D, the burden shall be on the hearing officer to show good cause for the delay. Decisions to remove a hearing officer may be reviewed by a request to the Executive Secretary for reconsideration, followed by judicial review in accordance with this chapter.F\n\nThis section shall not apply to hearings conducted by (i) any commission or board where all of the members, or a quorum, are present; (ii) the Virginia Alcoholic Beverage Control Authority, the Virginia Workers’ Compensation Commission, the State Corporation Commission, the Virginia Employment Commission, the Department of Motor Vehicles under Title 46.2 (§ 46.2-100 et seq.), § 58.1-2409, or Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1, or the Motor Vehicle Dealer Board under Chapter 15 (§ 46.2-1500 et seq.) of Title 46.2; or (iii) any panel of a health regulatory board convened pursuant to § 54.1-2400, including any panel having members of a relevant advisory board to the Board of Medicine. All employees hired after July 1, 1986, pursuant to §§ 65.2-201 and 65.2-203 by the Virginia Workers’ Compensation Commission to conduct hearings pursuant to its basic laws shall meet the minimum qualifications set forth in subsection A. Agency employees who are not licensed to practice law in the Commonwealth, and are presiding as hearing officers in proceedings pursuant to clause (ii) shall participate in periodic training courses.G\n\nNotwithstanding the exemptions of subsection A of § 2.2-4002, this article shall apply to hearing officers conducting hearings of the kind described in § 2.2-4020 for the Department of Wildlife Resources, the Virginia Housing Development Authority, the Milk Commission, and the Virginia Resources Authority pursuant to their basic laws.","order_by":null,"text":{"0":{"id":210995,"text":"In all formal hearings conducted in accordance with \u00a7 2.2-4020, the hearing shall be presided over by a hearing officer selected from a list prepared by the Executive Secretary of the Supreme Court and maintained in the Office of the Executive Secretary of the Supreme Court. Parties to informal fact-finding proceedings conducted pursuant to \u00a7 2.2-4019 may agree at the outset of the proceeding to have a hearing officer preside at the proceeding, such agreement to be revoked only by mutual consent. The Executive Secretary may promulgate rules necessary for the administration of the hearing officer system and shall have the authority to establish the number of hearing officers necessary to preside over administrative hearings in the Commonwealth.\n\t\t\tPrior to being included on the list, all hearing officers shall meet the following minimum standards:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":210996,"text":"Active membership in good standing in the Virginia State Bar;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":210997,"text":"Active practice of law for at least five years; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":210998,"text":"Completion of a course of training approved by the Executive Secretary of the Supreme Court. In order to comply with the demonstrated requirements of the agency requesting a hearing officer, the Executive Secretary may require additional training before a hearing officer shall be assigned to a proceeding before that agency.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":210999,"text":"On request from the head of an agency, the Executive Secretary shall name a hearing officer from the list, selected on a rotation system administered by the Executive Secretary. Lists reflecting geographic preference and specialized training or knowledge shall be maintained by the Executive Secretary if an agency demonstrates the need.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":211000,"text":"A hearing officer appointed in accordance with this section shall be subject to disqualification as provided in § 2.2-4024.1. If the hearing officer denies a petition for disqualification pursuant to § 2.2-4024.1, the petitioning party may request reconsideration of the denial by filing a written request with the Executive Secretary along with an affidavit, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded, or the applicable rule of practice requiring disqualification.\n\t\t\tThe issue shall be determined not less than 10 days prior to the hearing by the Executive Secretary.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":211001,"text":"Any hearing officer empowered by the agency to provide a recommendation or conclusion in a case decision matter shall render that recommendation or conclusion as follows:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"7":{"id":211002,"text":"If the agency’s written regulations or procedures require the hearing officer to render a recommendation or conclusion within a specified time period, the hearing officer shall render the recommendation or conclusion on or before the expiration of the specified period; and","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"8":{"id":211003,"text":"In all other cases, the hearing officer shall render the recommendation or conclusion within 90 days from the date of the case decision proceeding or from a later date agreed to by the named party and the agency.\n\t\t\t\tIf the hearing officer does not render a decision within the time required by this subsection, then the agency or the named party to the case decision may provide written notice to the hearing officer and the Executive Secretary of the Supreme Court that a decision is due. If no decision is made within 30 days from receipt by the hearing officer of the notice, then the Executive Secretary of the Supreme Court shall remove the hearing officer from the hearing officer list and report the hearing officer to the Virginia State Bar for possible disciplinary action, unless good cause is shown for the delay.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"9":{"id":211004,"text":"The Executive Secretary shall remove hearing officers from the list, upon a showing of cause after written notice and an opportunity for a hearing. When there is a failure by a hearing officer to render a decision as required by subsection D, the burden shall be on the hearing officer to show good cause for the delay. Decisions to remove a hearing officer may be reviewed by a request to the Executive Secretary for reconsideration, followed by judicial review in accordance with this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"F"},"10":{"id":211005,"text":"This section shall not apply to hearings conducted by (i) any commission or board where all of the members, or a quorum, are present; (ii) the Virginia Alcoholic Beverage Control Authority, the Virginia Workers’ Compensation Commission, the State Corporation Commission, the Virginia Employment Commission, the Department of Motor Vehicles under Title 46.2 (§ 46.2-100 et seq.), § 58.1-2409, or Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1, or the Motor Vehicle Dealer Board under Chapter 15 (§ 46.2-1500 et seq.) of Title 46.2; or (iii) any panel of a health regulatory board convened pursuant to § 54.1-2400, including any panel having members of a relevant advisory board to the Board of Medicine. All employees hired after July 1, 1986, pursuant to §§ 65.2-201 and 65.2-203 by the Virginia Workers’ Compensation Commission to conduct hearings pursuant to its basic laws shall meet the minimum qualifications set forth in subsection A. Agency employees who are not licensed to practice law in the Commonwealth, and are presiding as hearing officers in proceedings pursuant to clause (ii) shall participate in periodic training courses.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":211006,"text":"Notwithstanding the exemptions of subsection A of § 2.2-4002, this article shall apply to hearing officers conducting hearings of the kind described in § 2.2-4020 for the Department of Wildlife Resources, the Virginia Housing Development Authority, the Milk Commission, and the Virginia Resources Authority pursuant to their basic laws.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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}],"next_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\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 615 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 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 14 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 1988, chapter 865; in 1990, chapter 219; in 1991, chapter 214; in 1992, chapter 659; in 1993, chapter 898; in 1995, chapters 744<\/a>, 776<\/a>, 803<\/a>, and 805<\/a>; in 1996, chapters 189<\/a>, 205<\/a>, 639<\/a>, and 658<\/a>; in 2001, chapter 844<\/a>; in 2002, chapters 448<\/a> and 698<\/a>; in 2009, chapter 806<\/a>; in 2012, chapters 803<\/a> and 835<\/a>; in 2015, chapters 38<\/a>, 636<\/a>, and 730<\/a>; in 2018, chapter 613<\/a>; in 2020, chapter 958<\/a>.<\/p>","references":[{"id":77432,"section_number":"15.2-1507","catch_line":"Provision of grievance procedure; training programs","order_by":null,"url":"\/15.2-1507\/"},{"id":68034,"section_number":"2.2-3005","catch_line":"Hearing officers; duties","order_by":null,"url":"\/2.2-3005\/"},{"id":83688,"section_number":"2.2-4001","catch_line":"Definitions","order_by":null,"url":"\/2.2-4001\/"},{"id":69625,"section_number":"2.2-4002","catch_line":"Exemptions from chapter generally","order_by":null,"url":"\/2.2-4002\/"},{"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\/"},{"id":75066,"section_number":"32.1-325.1","catch_line":"Appeals of agency determinations","order_by":null,"url":"\/32.1-325.1\/"},{"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":75995,"section_number":"46.2-1572.2","catch_line":"Mediation of disputes","order_by":null,"url":"\/46.2-1572.2\/"},{"id":84434,"section_number":"51.1-1135.1","catch_line":"Appeals","order_by":null,"url":"\/51.1-1135.1\/"},{"id":68044,"section_number":"51.1-1177","catch_line":"Appeals","order_by":null,"url":"\/51.1-1177\/"},{"id":58604,"section_number":"54.1-3223","catch_line":"Regulations relating to therapeutic pharmaceutical agents","order_by":null,"url":"\/54.1-3223\/"},{"id":55631,"section_number":"63.2-805","catch_line":" Home Energy Assistance Program; report; survey","order_by":null,"url":"\/63.2-805\/"}],"refers_to":[{"id":69625,"section_number":"2.2-4002","catch_line":"Exemptions from chapter generally","order_by":null,"url":"\/2.2-4002\/"},{"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":57285,"section_number":"2.2-4024.1","catch_line":"Disqualification","order_by":null,"url":"\/2.2-4024.1\/"},{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"},{"id":84929,"section_number":"46.2-1500","catch_line":"Definitions","order_by":null,"url":"\/46.2-1500\/"},{"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":60957,"section_number":"58.1-2700","catch_line":"Definitions","order_by":null,"url":"\/58.1-2700\/"},{"id":82738,"section_number":"65.2-201","catch_line":"General duties and powers of the Commission","order_by":null,"url":"\/65.2-201\/"},{"id":83413,"section_number":"65.2-203","catch_line":"Powers and duties of deputy commissioners and bailiffs","order_by":null,"url":"\/65.2-203\/"}],"permalink":{"id":176883,"object_type":"law","relational_id":57586,"identifier":"2.2-4024","token":"2.2\/II\/B\/40\/4\/2.2-4024","url":"\/2.2-4024\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4024\/","token":"2.2\/II\/B\/40\/4\/2.2-4024","dublin_core":{"Title":"Hearing officers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4024","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In all formal hearings<\/span> conducted in accordance with \u00a7 2.2-4020<\/a>, the hearing shall be presided over by a hearing officer<\/span> selected from a list prepared by the Executive Secretary of the Supreme Court<\/span> and maintained in the Office of the Executive Secretary of the Supreme Court<\/span>. Parties to informal fact<\/span>-finding<\/span> proceedings conducted pursuant to \u00a7 2.2-4019<\/a> may agree at the outset of the proceeding to have a hearing officer<\/span> preside at the proceeding, such agreement to be revoked only by mutual consent. The Executive Secretary may promulgate rules<\/span> necessary for the administration of the hearing officer<\/span> system and shall have the authority to establish the number of hearing officers<\/span> necessary to preside over administrative hearings<\/span> in the Commonwealth.\n\t\t\tPrior to being included on the list, all hearing officers<\/span> shall meet the following minimum standards: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Active membership in good standing in the Virginia State Bar; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Active practice of law<\/span> for at least five years; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Completion of a course of training approved by the Executive Secretary of the Supreme Court<\/span>. In order<\/span> to comply with the demonstrated requirements of the agency<\/span> requesting a hearing officer<\/span>, the Executive Secretary may require additional training before a hearing officer<\/span> shall be assigned to a proceeding before that agency<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> On request from the head of an agency<\/span>, the Executive Secretary shall name a hearing officer<\/span> from the list, selected on a rotation system administered by the Executive Secretary. Lists reflecting geographic preference and specialized training or knowledge shall be maintained by the Executive Secretary if an agency<\/span> demonstrates the need. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A hearing officer<\/span> appointed in accordance with this section shall be subject to disqualification as provided in § 2.2-4024.1<\/a>. If the hearing officer<\/span> denies a petition<\/span> for disqualification pursuant to § 2.2-4024.1<\/a>, the petitioning party<\/span> may request reconsideration of the denial by filing a written request with the Executive Secretary along with an affidavit<\/span>, prior to the taking of evidence<\/span> at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded, or the applicable rule<\/span> of practice requiring disqualification.\n\t\t\tThe issue<\/span> shall be determined not less than 10 days prior to the hearing by the Executive Secretary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any hearing officer<\/span> empowered by the agency<\/span> to provide a recommendation or conclusion in a case decision<\/span> matter shall render that recommendation or conclusion as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the agency<\/span>’s written regulations<\/span> or procedures require the hearing officer<\/span> to render a recommendation or conclusion within a specified time period, the hearing officer<\/span> shall render the recommendation or conclusion on or before the expiration of the specified period; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In all other cases<\/span>, the hearing officer<\/span> shall render the recommendation or conclusion within 90 days from the date of the case decision<\/span> proceeding or from a later date agreed to by the named party<\/span> and the agency<\/span>.\n\t\t\t\tIf the hearing officer<\/span> does not render a decision within the time required by this subsection, then the agency<\/span> or the named party<\/span> to the case decision<\/span> may provide written notice to the hearing officer<\/span> and the Executive Secretary of the Supreme Court<\/span> that a decision is due. If no decision is made within 30 days from receipt by the hearing officer<\/span> of the notice, then the Executive Secretary of the Supreme Court<\/span> shall remove the hearing officer<\/span> from the hearing officer<\/span> list and report the hearing officer<\/span> to the Virginia State Bar for possible disciplinary action, unless good cause is shown for the delay. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Executive Secretary shall remove hearing officers<\/span> from the list, upon a showing of cause after written notice and an opportunity for a hearing. When there is a failure by a hearing officer<\/span> to render a decision as required by subsection D, the burden shall be on the hearing officer<\/span> to show good cause for the delay. Decisions to remove a hearing officer<\/span> may be reviewed by a request to the Executive Secretary for reconsideration, followed by judicial review in accordance with this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> This section shall not apply to hearings<\/span> conducted by (i) any commission or board where all of the members, or a quorum, are present; (ii) the Virginia Alcoholic Beverage Control Authority, the Virginia Workers’ Compensation Commission, the State Corporation Commission, the Virginia Employment Commission, the Department of Motor Vehicles under Title 46.2 (§ 46.2-100<\/a> et seq.), § 58.1-2409, or Chapter 27 (§ 58.1-2700<\/a> et seq.) of Title 58.1, or the Motor Vehicle Dealer Board under Chapter 15 (§ 46.2-1500<\/a> et seq.) of Title 46.2; or (iii) any panel<\/span> of a health regulatory board convened pursuant to § 54.1-2400<\/a>, including any panel<\/span> having members of a relevant advisory board to the Board of Medicine. All employees hired after July 1, 1986, pursuant to §§ 65.2-201<\/a> and 65.2-203<\/a> by the Virginia Workers’ Compensation Commission to conduct hearings<\/span> pursuant to its basic laws<\/span><\/span> shall meet the minimum qualifications set forth in subsection A. Agency<\/span> employees who are not licensed to practice law<\/span> in the Commonwealth, and are presiding as hearing officers<\/span> in proceedings pursuant to clause (ii) shall participate in periodic training courses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding the exemptions of subsection A of § 2.2-4002<\/a>, this article shall apply to hearing officers<\/span> conducting hearings<\/span> of the kind described in § 2.2-4020<\/a> for the Department of Wildlife Resources, the Virginia Housing Development Authority, the Milk Commission, and the Virginia Resources Authority pursuant to their basic laws<\/span><\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARING OFFICERS (\u00a7 2.2-4024)\n\nA. In all formal hearings conducted in accordance with \u00a7 2.2-4020, the hearing\nshall be presided over by a hearing officer selected from a list prepared by the\nExecutive Secretary of the Supreme Court and maintained in the Office of the\nExecutive Secretary of the Supreme Court. Parties to informal fact-finding\nproceedings conducted pursuant to \u00a7 2.2-4019 may agree at the outset of the\nproceeding to have a hearing officer preside at the proceeding, such agreement\nto be revoked only by mutual consent. The Executive Secretary may promulgate\nrules necessary for the administration of the hearing officer system and shall\nhave the authority to establish the number of hearing officers necessary to\npreside over administrative hearings in the Commonwealth.\n\t\t\tPrior to being included on the list, all hearing officers shall meet the\nfollowing minimum standards:\n\n 1. Active membership in good standing in the Virginia State Bar;\n\n 2. Active practice of law for at least five years; and\n\n 3. Completion of a course of training approved by the Executive Secretary of\n the Supreme Court. In order to comply with the demonstrated requirements of\n the agency requesting a hearing officer, the Executive Secretary may require\n additional training before a hearing officer shall be assigned to a proceeding\n before that agency.\n\nB. On request from the head of an agency, the Executive Secretary shall name a\nhearing officer from the list, selected on a rotation system administered by the\nExecutive Secretary. Lists reflecting geographic preference and specialized\ntraining or knowledge shall be maintained by the Executive Secretary if an\nagency demonstrates the need.\n\nC. A hearing officer appointed in accordance with this section shall be subject\nto disqualification as provided in § 2.2-4024.1. If the hearing officer\ndenies a petition for disqualification pursuant to § 2.2-4024.1, the\npetitioning party may request reconsideration of the denial by filing a written\nrequest with the Executive Secretary along with an affidavit, prior to the\ntaking of evidence at a hearing, stating with particularity the grounds upon\nwhich it is claimed that a fair and impartial hearing cannot be accorded, or the\napplicable rule of practice requiring disqualification.\n\t\t\tThe issue shall be determined not less than 10 days prior to the hearing by\nthe Executive Secretary.\n\nD. Any hearing officer empowered by the agency to provide a recommendation or\nconclusion in a case decision matter shall render that recommendation or\nconclusion as follows:\n\n 1. If the agency’s written regulations or procedures require the hearing\n officer to render a recommendation or conclusion within a specified time\n period, the hearing officer shall render the recommendation or conclusion on\n or before the expiration of the specified period; and\n\n 2. In all other cases, the hearing officer shall render the recommendation or\n conclusion within 90 days from the date of the case decision proceeding or\n from a later date agreed to by the named party and the agency.\n \t\t\t\tIf the hearing officer does not render a decision within the time required\n by this subsection, then the agency or the named party to the case decision\n may provide written notice to the hearing officer and the Executive Secretary\n of the Supreme Court that a decision is due. If no decision is made within 30\n days from receipt by the hearing officer of the notice, then the Executive\n Secretary of the Supreme Court shall remove the hearing officer from the\n hearing officer list and report the hearing officer to the Virginia State Bar\n for possible disciplinary action, unless good cause is shown for the delay.\n\nE. The Executive Secretary shall remove hearing officers from the list, upon a\nshowing of cause after written notice and an opportunity for a hearing. When\nthere is a failure by a hearing officer to render a decision as required by\nsubsection D, the burden shall be on the hearing officer to show good cause for\nthe delay. Decisions to remove a hearing officer may be reviewed by a request to\nthe Executive Secretary for reconsideration, followed by judicial review in\naccordance with this chapter.\n\nF. This section shall not apply to hearings conducted by (i) any commission or\nboard where all of the members, or a quorum, are present; (ii) the Virginia\nAlcoholic Beverage Control Authority, the Virginia Workers’ Compensation\nCommission, the State Corporation Commission, the Virginia Employment\nCommission, the Department of Motor Vehicles under Title 46.2 (§ 46.2-100\net seq.), § 58.1-2409, or Chapter 27 (§ 58.1-2700 et seq.) of Title\n58.1, or the Motor Vehicle Dealer Board under Chapter 15 (§ 46.2-1500 et\nseq.) of Title 46.2; or (iii) any panel of a health regulatory board convened\npursuant to § 54.1-2400, including any panel having members of a relevant\nadvisory board to the Board of Medicine. All employees hired after July 1, 1986,\npursuant to §§ 65.2-201 and 65.2-203 by the Virginia Workers’\nCompensation Commission to conduct hearings pursuant to its basic laws shall\nmeet the minimum qualifications set forth in subsection A. Agency employees who\nare not licensed to practice law in the Commonwealth, and are presiding as\nhearing officers in proceedings pursuant to clause (ii) shall participate in\nperiodic training courses.\n\nG. Notwithstanding the exemptions of subsection A of § 2.2-4002, this\narticle shall apply to hearing officers conducting hearings of the kind\ndescribed in § 2.2-4020 for the Department of Wildlife Resources, the\nVirginia Housing Development Authority, the Milk Commission, and the Virginia\nResources Authority pursuant to their basic laws.\n\nHISTORY: 1986, c. 615, \u00a7 9-6.14:14.1; 1988, c. 865; 1990, c. 219; 1991, c. 214;\n1992, c. 659; 1993, c. 898; 1995, cc. 744, 776, 803, 805; 1996, cc. 189, 205,\n639, 658; 2001, c. 844; 2002, cc. 448, 698; 2009, c. 806; 2012, cc. 803, 835;\n2015, cc. 38, 636, 730; 2018, c. 613; 2020, c. 958.","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}}