{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.27.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.27.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.27.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.27.html"}],"law_id":81230,"edition_id":1,"section_id":81230,"structure_id":14184,"section_number":"62.1-44.27","catch_line":"Rules of evidence in hearings","history":"1970, c. 638.","full_text":"In all hearings under this chapter:\n\n1\n\nAll relevant and material evidence shall be received, except that (a) the rules relating to privileged communications and privileged topics shall be observed; (b) hearsay evidence shall be received only if the declarant is not readily available as a witness; and (c) secondary evidence of the contents of a document shall be received only if the original is not readily available. In deciding whether a witness or document is readily available, the Board or hearing officer shall balance the importance of the evidence against the difficulty of obtaining it, and the more important the evidence is the more effort should be made to produce the eyewitness or the original document.2\n\nAll reports of inspectors and subordinates of the Board and other records and documents in the possession of the Board bearing on the case shall be introduced by the Board at the hearing.3\n\nSubject to the provisions of subdivision (1) of this section every party shall have the right to cross-examine adverse witnesses and any inspector or subordinate of the Board whose report is in evidence and to submit rebuttal evidence.4\n\nThe decision of the Board 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":291160,"text":"In all hearings under this chapter:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":291161,"text":"All relevant and material evidence shall be received, except that (a) the rules relating to privileged communications and privileged topics shall be observed; (b) hearsay evidence shall be received only if the declarant is not readily available as a witness; and (c) secondary evidence of the contents of a document shall be received only if the original is not readily available. In deciding whether a witness or document is readily available, the Board or hearing officer shall balance the importance of the evidence against the difficulty of obtaining it, and the more important the evidence is the more effort should be made to produce the eyewitness or the original document.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":291162,"text":"All reports of inspectors and subordinates of the Board and other records and documents in the possession of the Board bearing on the case shall be introduced by the Board at the hearing.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":291163,"text":"Subject to the provisions of subdivision (1) of this section every party shall have the right to cross-examine adverse witnesses and any inspector or subordinate of the Board whose report is in evidence and to submit rebuttal evidence.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":291164,"text":"The decision of the Board 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":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.27\/","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.<\/p>","references":false,"refers_to":false,"permalink":{"id":269997,"object_type":"law","relational_id":81230,"identifier":"62.1-44.27","token":"62.1\/3.1\/5\/62.1-44.27","url":"\/62.1-44.27\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.27\/","token":"62.1\/3.1\/5\/62.1-44.27","dublin_core":{"Title":"Rules of evidence in hearings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.27","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In all hearings<\/span> under this chapter:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All relevant and material<\/span> evidence<\/span> shall be received, except that (a) the rules<\/span> relating to privileged communications and privileged topics shall be observed; (b) hearsay<\/span> evidence<\/span> shall be received only if the declarant is not readily available as a witness<\/span>; and (c) secondary evidence<\/span> of the contents of a document shall be received only if the original is not readily available. In deciding whether a witness<\/span> or document is readily available, the Board<\/span> or hearing<\/span> officer shall balance the importance of the evidence<\/span> against the difficulty of obtaining it, and the more important the evidence<\/span> is the more effort should be made to produce the eyewitness or the original document. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All reports of inspectors and subordinates of the Board<\/span> and other records and documents in the possession<\/span> of the Board<\/span> bearing on the case shall be introduced by the Board<\/span> at the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Subject to the provisions of subdivision (1) of this section every party<\/span> shall have the right to cross-examine adverse witnesses and any inspector or subordinate of the Board<\/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

4.<\/span> The decision of the Board<\/span> 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\nRULES OF EVIDENCE IN HEARINGS (\u00a7 62.1-44.27)\n\nIn all hearings under this chapter:\n\n1. All relevant and material evidence shall be received, except that (a) the\nrules relating to privileged communications and privileged topics shall be\nobserved; (b) hearsay evidence shall be received only if the declarant is not\nreadily available as a witness; and (c) secondary evidence of the contents of a\ndocument shall be received only if the original is not readily available. In\ndeciding whether a witness or document is readily available, the Board or\nhearing officer shall balance the importance of the evidence against the\ndifficulty of obtaining it, and the more important the evidence is the more\neffort should be made to produce the eyewitness or the original document.\n\n2. All reports of inspectors and subordinates of the Board and other records and\ndocuments in the possession of the Board bearing on the case shall be introduced\nby the Board at the hearing.\n\n3. Subject to the provisions of subdivision (1) of this section every party\nshall have the right to cross-examine adverse witnesses and any inspector or\nsubordinate of the Board whose report is in evidence and to submit rebuttal\nevidence.\n\n4. The decision of the Board shall be based only on evidence received at the\nhearing and matters of which a court of record could take judicial notice.\n\nHISTORY: 1970, c. 638.","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}}