{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-405.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-405.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-405.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-405.html"}],"law_id":81143,"edition_id":1,"section_id":81143,"structure_id":14811,"section_number":"46.2-405","catch_line":"How hearings to be conducted","history":"Code 1950, \u00a7 46-422.1; 1952, c. 544; 1958, c. 541, \u00a7 46.1-433; 1989, c. 727.","full_text":"A\n\nIn any such hearing all relevant and material evidence shall be received, except that: (i) the rules relating to privileged communications and privileged topics shall be observed; (ii) hearsay evidence shall be received only according to the rules of evidence prevailing in courts of record; and (iii) secondary evidence of the contents of a document shall be received only if the original is not readily available.B\n\nAll reports of inspectors and subordinates of the Department and other records and documents in the possession of the Department bearing on the case subject to the provisions of subsection A of this section shall be introduced at the hearing. Any certified copy of any conviction forwarded to the Commissioner under the provisions of § 46.2-383, shall be prima facie evidence of the conviction, and may be introduced in evidence.C\n\nSubject to the provisions of subsection A of this section, every party shall have the right to cross-examine adverse witnesses and any inspector or subordinate of the Department whose report is in evidence, and to submit rebuttal evidence.D\n\nThe decision shall be based only on evidence received at the hearing and matters of which a court of record could take judicial notice.","order_by":null,"text":{"0":{"id":290821,"text":"In any such hearing all relevant and material evidence shall be received, except that: (i) the rules relating to privileged communications and privileged topics shall be observed; (ii) hearsay evidence shall be received only according to the rules of evidence prevailing in courts of record; and (iii) secondary evidence of the contents of a document shall be received only if the original is not readily available.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":290822,"text":"All reports of inspectors and subordinates of the Department and other records and documents in the possession of the Department bearing on the case subject to the provisions of subsection A of this section shall be introduced at the hearing. Any certified copy of any conviction forwarded to the Commissioner under the provisions of § 46.2-383, shall be prima facie evidence of the conviction, and may be introduced in evidence.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":290823,"text":"Subject to the provisions of subsection A of this section, every party shall have the right to cross-examine adverse witnesses and any inspector or subordinate of the Department whose report is in evidence, and to submit rebuttal evidence.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":290824,"text":"The decision shall be based only on evidence received at the hearing and matters of which a court of record could take judicial notice.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14811,"edition_id":1,"name":"Suspension and Revocation of Licenses, Generally; Additional Penalties","identifier":"12","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:50:05","date_modified":"2026-06-26 03:50:05","permalink":{"id":225761,"object_type":"structure","relational_id":14811,"identifier":"12","token":"46.2\/II\/3\/12","url":"\/46.2\/II\/3\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59065,"structure_id":14811,"section_number":"46.2-389","catch_line":"Required revocation for one year upon conviction or finding of guilty of certain offenses; 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offenses under the laws of other jurisdictions","url":"\/46.2-410.2\/","token":"46.2\/II\/3\/12\/46.2-410.2","metadata":false},{"id":60308,"structure_id":14811,"section_number":"46.2-411","catch_line":"Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee","url":"\/46.2-411\/","token":"46.2\/II\/3\/12\/46.2-411","metadata":false},{"id":86068,"structure_id":14811,"section_number":"46.2-411.1","catch_line":"Reinstatement of driver's license suspended or revoked for a conviction of driving while intoxicated","url":"\/46.2-411.1\/","token":"46.2\/II\/3\/12\/46.2-411.1","metadata":false},{"id":78915,"structure_id":14811,"section_number":"46.2-412","catch_line":"Time suspension or revocation","url":"\/46.2-412\/","token":"46.2\/II\/3\/12\/46.2-412","metadata":false},{"id":64511,"structure_id":14811,"section_number":"46.2-413","catch_line":"Effect of reversal of conviction","url":"\/46.2-413\/","token":"46.2\/II\/3\/12\/46.2-413","metadata":false},{"id":72945,"structure_id":14811,"section_number":"46.2-414","catch_line":"Commencement of periods for suspension or revocation of licenses, registration cards, or license plates","url":"\/46.2-414\/","token":"46.2\/II\/3\/12\/46.2-414","metadata":false},{"id":80334,"structure_id":14811,"section_number":"46.2-415","catch_line":"United States magistrates and judges of district courts authorized to revoke or suspend driver's license under certain conditions","url":"\/46.2-415\/","token":"46.2\/II\/3\/12\/46.2-415","metadata":false},{"id":57478,"structure_id":14811,"section_number":"46.2-416","catch_line":"Notice of suspension or revocation of license","url":"\/46.2-416\/","token":"46.2\/II\/3\/12\/46.2-416","metadata":false},{"id":69507,"structure_id":14811,"section_number":"46.2-416.1","catch_line":"Repealed","url":"\/46.2-416.1\/","token":"46.2\/II\/3\/12\/46.2-416.1","metadata":false}],"previous_section":{"id":70169,"structure_id":14811,"section_number":"46.2-404","catch_line":"Where and before whom hearing held","url":"\/46.2-404\/","token":"46.2\/II\/3\/12\/46.2-404","metadata":false},"next_section":{"id":66171,"structure_id":14811,"section_number":"46.2-406","catch_line":"Appointment and authority of hearing officers","url":"\/46.2-406\/","token":"46.2\/II\/3\/12\/46.2-406","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-405\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 1952, chapter 544; in 1958, chapter 541; in 1989, chapter 727.<\/p>","references":[{"id":75310,"section_number":"46.2-408","catch_line":"When Commissioner may suspend or revoke license for no more than five years","order_by":null,"url":"\/46.2-408\/"}],"refers_to":[{"id":55824,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","order_by":null,"url":"\/46.2-383\/"}],"permalink":{"id":225863,"object_type":"law","relational_id":81143,"identifier":"46.2-405","token":"46.2\/II\/3\/12\/46.2-405","url":"\/46.2-405\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-405\/","token":"46.2\/II\/3\/12\/46.2-405","dublin_core":{"Title":"How hearings to be conducted","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-405","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any such hearing<\/span> all relevant and material<\/span> evidence<\/span> shall be received, except that: (i) the rules relating to privileged communications and privileged topics shall be observed; (ii) hearsay<\/span> evidence<\/span> shall be received only according to the rules of evidence<\/span> prevailing in courts<\/span> of record; and (iii) secondary evidence<\/span> of the contents of a document shall be received only if the original is not readily available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All reports of inspectors and subordinates of the Department<\/span> and other records and documents in the possession<\/span> of the Department<\/span> bearing on the case subject to the provisions of subsection A of this section shall be introduced at the hearing<\/span>. Any certified copy of any conviction<\/span> forwarded to the Commissioner<\/span> under the provisions of § 46.2-383<\/a>, shall be prima facie evidence<\/span> of the conviction<\/span>, and may be introduced in evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Subject to the provisions of subsection A of this section, every party<\/span> shall have the right to cross-examine adverse witnesses and any inspector or subordinate of the Department<\/span> whose report is in evidence<\/span>, and to submit rebuttal<\/span> evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The decision shall be based only on evidence<\/span> received at the hearing<\/span> and matters of which a court<\/span> of record could take judicial notice. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOW HEARINGS TO BE CONDUCTED (\u00a7 46.2-405)\n\nA. In any such hearing all relevant and material evidence shall be received,\nexcept that: (i) the rules relating to privileged communications and privileged\ntopics shall be observed; (ii) hearsay evidence shall be received only according\nto the rules of evidence prevailing in courts of record; and (iii) secondary\nevidence of the contents of a document shall be received only if the original is\nnot readily available.\n\nB. All reports of inspectors and subordinates of the Department and other\nrecords and documents in the possession of the Department bearing on the case\nsubject to the provisions of subsection A of this section shall be introduced at\nthe hearing. Any certified copy of any conviction forwarded to the Commissioner\nunder the provisions of § 46.2-383, shall be prima facie evidence of the\nconviction, and may be introduced in evidence.\n\nC. Subject to the provisions of subsection A of this section, every party shall\nhave the right to cross-examine adverse witnesses and any inspector or\nsubordinate of the Department whose report is in evidence, and to submit\nrebuttal evidence.\n\nD. The decision shall be based only on evidence received at the hearing and\nmatters of which a court of record could take judicial notice.\n\nHISTORY: Code 1950, \u00a7 46-422.1; 1952, c. 544; 1958, c. 541, \u00a7 46.1-433; 1989,\nc. 727.","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}}