{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-5006.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-5006.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-5006.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-5006.html"}],"law_id":62777,"edition_id":1,"section_id":62777,"structure_id":13218,"section_number":"38.2-5006","catch_line":"Hearing; parties","history":"1987, c. 540; 1989, c. 523; 2005, cc. 50, 52.","full_text":"A\n\nImmediately after the Program’s response is filed pursuant to subsection D of § 38.2-5004, the Commission shall set the date for a hearing, which shall be held no sooner than 15 days and no later than 90 days after the filing of the Program’s response, and shall notify the parties to the hearing of the time and place of such hearing. The hearing shall be held in the city or county where the birth-related neurological injury occurred, or in a contiguous city or county, unless otherwise agreed to by the parties and authorized by the Commission.B\n\nThe parties to the hearing required under this section shall include the claimant and the Program.","order_by":null,"text":{"0":{"id":228843,"text":"Immediately after the Program’s response is filed pursuant to subsection D of § 38.2-5004, the Commission shall set the date for a hearing, which shall be held no sooner than 15 days and no later than 90 days after the filing of the Program’s response, and shall notify the parties to the hearing of the time and place of such hearing. The hearing shall be held in the city or county where the birth-related neurological injury occurred, or in a contiguous city or county, unless otherwise agreed to by the parties and authorized by the Commission.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":228844,"text":"The parties to the hearing required under this section shall include the claimant and the Program.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13218,"edition_id":1,"name":"Virginia Birth-Related Neurological Injury Compensation Act","identifier":"50","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:28","date_modified":"2026-06-26 03:44:28","permalink":{"id":217589,"object_type":"structure","relational_id":13218,"identifier":"50","token":"38.2\/50","url":"\/38.2\/50\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74067,"structure_id":13218,"section_number":"38.2-5000","catch_line":"Short title","url":"\/38.2-5000\/","token":"38.2\/50\/38.2-5000","metadata":false},{"id":83577,"structure_id":13218,"section_number":"38.2-5001","catch_line":"Definitions","url":"\/38.2-5001\/","token":"38.2\/50\/38.2-5001","metadata":false},{"id":77129,"structure_id":13218,"section_number":"38.2-5002","catch_line":"Virginia Birth-Related Neurological Injury Compensation Program; exclusive remedy; exception","url":"\/38.2-5002\/","token":"38.2\/50\/38.2-5002","metadata":false},{"id":66273,"structure_id":13218,"section_number":"38.2-5002.1","catch_line":"Representation by Office of Attorney General; applicability of Public Procurement Act, Freedom of Information Act, and Administrative Process Act","url":"\/38.2-5002.1\/","token":"38.2\/50\/38.2-5002.1","metadata":false},{"id":57479,"structure_id":13218,"section_number":"38.2-5002.2","catch_line":"Confidentiality of certain information; penalty","url":"\/38.2-5002.2\/","token":"38.2\/50\/38.2-5002.2","metadata":false},{"id":72413,"structure_id":13218,"section_number":"38.2-5003","catch_line":"Virginia Workers' Compensation Commission authorized to hear and determine claims","url":"\/38.2-5003\/","token":"38.2\/50\/38.2-5003","metadata":false},{"id":57908,"structure_id":13218,"section_number":"38.2-5004","catch_line":"Filing of claims; review by Board of Medicine; review by Department of Health; filing of responses; 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notice of award","url":"\/38.2-5009\/","token":"38.2\/50\/38.2-5009","metadata":false},{"id":87239,"structure_id":13218,"section_number":"38.2-5009.1","catch_line":"Infants dying shortly after birth","url":"\/38.2-5009.1\/","token":"38.2\/50\/38.2-5009.1","metadata":false},{"id":79332,"structure_id":13218,"section_number":"38.2-5010","catch_line":"Rehearing on Commission determination or award","url":"\/38.2-5010\/","token":"38.2\/50\/38.2-5010","metadata":false},{"id":67787,"structure_id":13218,"section_number":"38.2-5011","catch_line":"Conclusiveness of determination or award; appeal","url":"\/38.2-5011\/","token":"38.2\/50\/38.2-5011","metadata":false},{"id":86971,"structure_id":13218,"section_number":"38.2-5012","catch_line":"Enforcement, etc., of orders and awards","url":"\/38.2-5012\/","token":"38.2\/50\/38.2-5012","metadata":false},{"id":54550,"structure_id":13218,"section_number":"38.2-5013","catch_line":"Limitation on claims","url":"\/38.2-5013\/","token":"38.2\/50\/38.2-5013","metadata":false},{"id":76811,"structure_id":13218,"section_number":"38.2-5014","catch_line":"Scope","url":"\/38.2-5014\/","token":"38.2\/50\/38.2-5014","metadata":false},{"id":60095,"structure_id":13218,"section_number":"38.2-5015","catch_line":"Birth-Related Neurological Injury Compensation Fund; assets of the Fund; audit","url":"\/38.2-5015\/","token":"38.2\/50\/38.2-5015","metadata":false},{"id":54316,"structure_id":13218,"section_number":"38.2-5016","catch_line":"Board of directors; appointment; vacancies; term; list of Program claimants","url":"\/38.2-5016\/","token":"38.2\/50\/38.2-5016","metadata":false},{"id":54427,"structure_id":13218,"section_number":"38.2-5016.1","catch_line":"Investment strategy advice; expected returns","url":"\/38.2-5016.1\/","token":"38.2\/50\/38.2-5016.1","metadata":false},{"id":65282,"structure_id":13218,"section_number":"38.2-5017","catch_line":"Plan of operation","url":"\/38.2-5017\/","token":"38.2\/50\/38.2-5017","metadata":false},{"id":61928,"structure_id":13218,"section_number":"38.2-5018","catch_line":"Assessments to be held in restricted cash account","url":"\/38.2-5018\/","token":"38.2\/50\/38.2-5018","metadata":false},{"id":72367,"structure_id":13218,"section_number":"38.2-5019","catch_line":"Repealed","url":"\/38.2-5019\/","token":"38.2\/50\/38.2-5019","metadata":false},{"id":66131,"structure_id":13218,"section_number":"38.2-5020","catch_line":"Assessments","url":"\/38.2-5020\/","token":"38.2\/50\/38.2-5020","metadata":false},{"id":65425,"structure_id":13218,"section_number":"38.2-5020.1","catch_line":"Credits against malpractice insurance premiums","url":"\/38.2-5020.1\/","token":"38.2\/50\/38.2-5020.1","metadata":false},{"id":84304,"structure_id":13218,"section_number":"38.2-5021","catch_line":"Actuarial investigation, valuations, gain\/loss analysis; notice if assessments prove insufficient","url":"\/38.2-5021\/","token":"38.2\/50\/38.2-5021","metadata":false}],"previous_section":{"id":59287,"structure_id":13218,"section_number":"38.2-5005","catch_line":"Tolling of statute of limitations","url":"\/38.2-5005\/","token":"38.2\/50\/38.2-5005","metadata":false},"next_section":{"id":73938,"structure_id":13218,"section_number":"38.2-5007","catch_line":"Interrogatories and depositions","url":"\/38.2-5007\/","token":"38.2\/50\/38.2-5007","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5006\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 540 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 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1989, chapter 523; in 2005, chapters 50<\/a> and 52<\/a>.<\/p>","references":[{"id":72413,"section_number":"38.2-5003","catch_line":"Virginia Workers' Compensation Commission authorized to hear and determine claims","order_by":null,"url":"\/38.2-5003\/"}],"refers_to":[{"id":57908,"section_number":"38.2-5004","catch_line":"Filing of claims; review by Board of Medicine; review by Department of Health; filing of responses; medical records","order_by":null,"url":"\/38.2-5004\/"}],"permalink":{"id":217627,"object_type":"law","relational_id":62777,"identifier":"38.2-5006","token":"38.2\/50\/38.2-5006","url":"\/38.2-5006\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-5006\/","token":"38.2\/50\/38.2-5006","dublin_core":{"Title":"Hearing; parties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5006","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Immediately after the Program<\/span>’s response is filed pursuant to subsection D of § 38.2-5004<\/a>, the Commission<\/span> shall set the date for a hearing<\/span>, which shall be held no sooner than 15 days and no later than 90 days after the filing of the Program<\/span>’s response, and shall notify the parties to the hearing<\/span> of the time and place of such hearing<\/span>. The hearing<\/span> shall be held in the city or county where the birth-related neurological injury<\/span> occurred, or in a contiguous city or county, unless otherwise agreed to by the parties and authorized by the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The parties to the hearing<\/span> required under this section shall include the claimant<\/span> and the Program<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARING; PARTIES (\u00a7 38.2-5006)\n\nA. Immediately after the Program’s response is filed pursuant to\nsubsection D of § 38.2-5004, the Commission shall set the date for a\nhearing, which shall be held no sooner than 15 days and no later than 90 days\nafter the filing of the Program’s response, and shall notify the parties\nto the hearing of the time and place of such hearing. The hearing shall be held\nin the city or county where the birth-related neurological injury occurred, or\nin a contiguous city or county, unless otherwise agreed to by the parties and\nauthorized by the Commission.\n\nB. The parties to the hearing required under this section shall include the\nclaimant and the Program.\n\nHISTORY: 1987, c. 540; 1989, c. 523; 2005, cc. 50, 52.","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}}