{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.26.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.26.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.26.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.26.html"}],"law_id":85595,"edition_id":1,"section_id":85595,"structure_id":14184,"section_number":"62.1-44.26","catch_line":"Hearings","history":"1970, c. 638; 1977, c. 291; 1993, c. 897; 2008, cc. 276, 557; 2016, cc. 68, 758.","full_text":"A\n\nThe formal hearings held by the Board under this chapter shall be conducted pursuant to § 2.2-4009 or 2.2-4020 and may be conducted by the Board itself at a regular or special meeting of the Board, or by at least one member of the Board designated by the chairman to conduct such hearings on behalf of the Board at any other time and place authorized by the Board.B\n\nA verbatim record of the proceedings of such hearings shall be taken and filed with the Board. Depositions may be taken and read as in actions at law.C\n\nThe Board shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the Board in the manner prescribed in § 2.2-4022. Witnesses who are subpoenaed shall receive the same fees and mileage as in civil actions.","order_by":null,"text":{"0":{"id":306623,"text":"The formal hearings held by the Board under this chapter shall be conducted pursuant to § 2.2-4009 or 2.2-4020 and may be conducted by the Board itself at a regular or special meeting of the Board, or by at least one member of the Board designated by the chairman to conduct such hearings on behalf of the Board at any other time and place authorized by the Board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":306624,"text":"A verbatim record of the proceedings of such hearings shall be taken and filed with the Board. Depositions may be taken and read as in actions at law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":306625,"text":"The Board shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the Board in the manner prescribed in § 2.2-4022. Witnesses who are subpoenaed shall receive the same fees and mileage as in civil actions.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14184,"edition_id":1,"name":"Enforcement and Appeal Procedure","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:47:10","date_modified":"2026-06-26 03:47:10","permalink":{"id":269963,"object_type":"structure","relational_id":14184,"identifier":"5","token":"62.1\/3.1\/5","url":"\/62.1\/3.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57878,"structure_id":14184,"section_number":"62.1-44.20","catch_line":"Right to entry to obtain information, etc","url":"\/62.1-44.20\/","token":"62.1\/3.1\/5\/62.1-44.20","metadata":false},{"id":69438,"structure_id":14184,"section_number":"62.1-44.21","catch_line":"Information to be furnished to Board","url":"\/62.1-44.21\/","token":"62.1\/3.1\/5\/62.1-44.21","metadata":false},{"id":64978,"structure_id":14184,"section_number":"62.1-44.22","catch_line":"Private actions","url":"\/62.1-44.22\/","token":"62.1\/3.1\/5\/62.1-44.22","metadata":false},{"id":77684,"structure_id":14184,"section_number":"62.1-44.23","catch_line":"Enforcement by injunction, etc","url":"\/62.1-44.23\/","token":"62.1\/3.1\/5\/62.1-44.23","metadata":false},{"id":80810,"structure_id":14184,"section_number":"62.1-44.23:1","catch_line":"Intervention of Commonwealth in actions involving surface water withdrawals","url":"\/62.1-44.23_1\/","token":"62.1\/3.1\/5\/62.1-44.23_1","metadata":false},{"id":55361,"structure_id":14184,"section_number":"62.1-44.24","catch_line":"Testing validity of regulations; judicial review","url":"\/62.1-44.24\/","token":"62.1\/3.1\/5\/62.1-44.24","metadata":false},{"id":71038,"structure_id":14184,"section_number":"62.1-44.25","catch_line":"Right to hearing","url":"\/62.1-44.25\/","token":"62.1\/3.1\/5\/62.1-44.25","metadata":false},{"id":85595,"structure_id":14184,"section_number":"62.1-44.26","catch_line":"Hearings","url":"\/62.1-44.26\/","token":"62.1\/3.1\/5\/62.1-44.26","metadata":false},{"id":81230,"structure_id":14184,"section_number":"62.1-44.27","catch_line":"Rules of evidence in hearings","url":"\/62.1-44.27\/","token":"62.1\/3.1\/5\/62.1-44.27","metadata":false},{"id":72265,"structure_id":14184,"section_number":"62.1-44.28","catch_line":"Decisions of the Board in hearings pursuant to \u00a7\u00a7 62.1-44.15 and 62.1-44.25","url":"\/62.1-44.28\/","token":"62.1\/3.1\/5\/62.1-44.28","metadata":false},{"id":73113,"structure_id":14184,"section_number":"62.1-44.29","catch_line":"Judicial review","url":"\/62.1-44.29\/","token":"62.1\/3.1\/5\/62.1-44.29","metadata":false},{"id":64666,"structure_id":14184,"section_number":"62.1-44.30","catch_line":"Appeal to Court of Appeals","url":"\/62.1-44.30\/","token":"62.1\/3.1\/5\/62.1-44.30","metadata":false}],"previous_section":{"id":71038,"structure_id":14184,"section_number":"62.1-44.25","catch_line":"Right to hearing","url":"\/62.1-44.25\/","token":"62.1\/3.1\/5\/62.1-44.25","metadata":false},"next_section":{"id":81230,"structure_id":14184,"section_number":"62.1-44.27","catch_line":"Rules of evidence in hearings","url":"\/62.1-44.27\/","token":"62.1\/3.1\/5\/62.1-44.27","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.26\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 638 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 1970 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1977, chapter 291; in 1993, chapter 897; in 2008, chapters 276<\/a> and 557<\/a>; in 2016, chapters 68<\/a> and 758<\/a>.<\/p>","references":false,"refers_to":[{"id":72032,"section_number":"2.2-4009","catch_line":"Evidentiary hearings on regulations","order_by":null,"url":"\/2.2-4009\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"id":77359,"section_number":"2.2-4022","catch_line":"Subpoenas, depositions and requests for admissions","order_by":null,"url":"\/2.2-4022\/"}],"permalink":{"id":269993,"object_type":"law","relational_id":85595,"identifier":"62.1-44.26","token":"62.1\/3.1\/5\/62.1-44.26","url":"\/62.1-44.26\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.26\/","token":"62.1\/3.1\/5\/62.1-44.26","dublin_core":{"Title":"Hearings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.26","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The formal hearings<\/span> held by the Board<\/span> under this chapter shall be conducted pursuant to § 2.2-4009<\/a> or 2.2-4020<\/a> and may be conducted by the Board<\/span> itself at a regular or special meeting of the Board<\/span>, or by at least one member<\/span> of the Board<\/span> designated by the chairman to conduct such hearings<\/span> on behalf of the Board<\/span> at any other time and place authorized by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A verbatim record of the proceedings of such hearings<\/span> shall be taken and filed with the Board<\/span>. Depositions<\/span> may be taken and read as in actions at law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> shall have power to issue<\/span> subpoenas<\/span> and subpoenas<\/span> duces tecum, and at the request of any party<\/span> shall issue<\/span> such subpoenas<\/span>. The failure of a witness<\/span> without legal excuse to appear or to testify or to produce documents shall be acted upon by the Board<\/span> in the manner prescribed in § 2.2-4022<\/a>. Witnesses who are subpoenaed shall receive the same fees and mileage as in civil actions<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARINGS (\u00a7 62.1-44.26)\n\nA. The formal hearings held by the Board under this chapter shall be conducted\npursuant to § 2.2-4009 or 2.2-4020 and may be conducted by the Board itself\nat a regular or special meeting of the Board, or by at least one member of the\nBoard designated by the chairman to conduct such hearings on behalf of the Board\nat any other time and place authorized by the Board.\n\nB. A verbatim record of the proceedings of such hearings shall be taken and\nfiled with the Board. Depositions may be taken and read as in actions at law.\n\nC. The Board shall have power to issue subpoenas and subpoenas duces tecum, and\nat the request of any party shall issue such subpoenas. The failure of a witness\nwithout legal excuse to appear or to testify or to produce documents shall be\nacted upon by the Board in the manner prescribed in § 2.2-4022. Witnesses\nwho are subpoenaed shall receive the same fees and mileage as in civil actions.\n\nHISTORY: 1970, c. 638; 1977, c. 291; 1993, c. 897; 2008, cc. 276, 557; 2016, cc.\n68, 758.","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}}