{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-504.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-504.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-504.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-504.html"}],"law_id":80771,"edition_id":1,"section_id":80771,"structure_id":15150,"section_number":"9.1-504","catch_line":"Hearing; hearing panel recommendations","history":"1978, c. 19, \u00a7\u00a7 2.1-116.5, 2.1-116.7; 1980, c. 191; 2001, c. 844.","full_text":"A\n\nWhenever a law-enforcement officer is dismissed, demoted, suspended or transferred for punitive reasons, he may, within a reasonable amount of time following such action, as set by the agency, request a hearing. If such request is timely made, a hearing shall be held within a reasonable amount of time set by the agency. However, the hearing shall not be set later than fourteen calendar days following the date of request unless a later date is agreed to by the law-enforcement officer. At the hearing, the law-enforcement officer and his agency shall be afforded the opportunity to present evidence, examine and cross-examine witnesses. The law-enforcement officer shall also be given the opportunity to be represented by counsel at the hearing unless the officer and agency are afforded, by regulation, the right to counsel in a subsequent de novo hearing.B\n\nThe hearing shall be conducted by a panel consisting of one member from within the agency selected by the grievant, one member from within the agency of equal rank of the grievant but no more than two ranks above appointed by the agency head, and a third member from within the agency to be selected by the other two members. In the event that such two members cannot agree upon their selection, the chief judge of the judicial circuit wherein the duty station of the grievant lies shall choose such third member. The hearing panel may, and on the request of either the law-enforcement officer or his agency shall, issue subpoenas requiring the testimony of witnesses who have refused or failed to appear at the hearing. The hearing panel shall rule on the admissibility of the evidence. A record shall be made of the hearing.C\n\nAt the option of the agency, it may, in lieu of complying with the provisions of § 9.1-502, give the law-enforcement officer a statement, in writing, of the charges, the basis therefor, the action which may be taken, and provide a hearing as provided for in this section prior to dismissing, demoting, suspending or transferring for punitive reasons the law-enforcement officer.D\n\nThe recommendations of the hearing panel, and the reasons therefor, shall be in writing and transmitted promptly to the law-enforcement officer or his attorney and to the chief executive officer of the law-enforcement agency. Such recommendations shall be advisory only, but shall be accorded significant weight.","order_by":null,"text":{"0":{"id":289505,"text":"Whenever a law-enforcement officer is dismissed, demoted, suspended or transferred for punitive reasons, he may, within a reasonable amount of time following such action, as set by the agency, request a hearing. If such request is timely made, a hearing shall be held within a reasonable amount of time set by the agency. However, the hearing shall not be set later than fourteen calendar days following the date of request unless a later date is agreed to by the law-enforcement officer. At the hearing, the law-enforcement officer and his agency shall be afforded the opportunity to present evidence, examine and cross-examine witnesses. The law-enforcement officer shall also be given the opportunity to be represented by counsel at the hearing unless the officer and agency are afforded, by regulation, the right to counsel in a subsequent de novo hearing.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289506,"text":"The hearing shall be conducted by a panel consisting of one member from within the agency selected by the grievant, one member from within the agency of equal rank of the grievant but no more than two ranks above appointed by the agency head, and a third member from within the agency to be selected by the other two members. In the event that such two members cannot agree upon their selection, the chief judge of the judicial circuit wherein the duty station of the grievant lies shall choose such third member. The hearing panel may, and on the request of either the law-enforcement officer or his agency shall, issue subpoenas requiring the testimony of witnesses who have refused or failed to appear at the hearing. The hearing panel shall rule on the admissibility of the evidence. A record shall be made of the hearing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":289507,"text":"At the option of the agency, it may, in lieu of complying with the provisions of § 9.1-502, give the law-enforcement officer a statement, in writing, of the charges, the basis therefor, the action which may be taken, and provide a hearing as provided for in this section prior to dismissing, demoting, suspending or transferring for punitive reasons the law-enforcement officer.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":289508,"text":"The recommendations of the hearing panel, and the reasons therefor, shall be in writing and transmitted promptly to the law-enforcement officer or his attorney and to the chief executive officer of the law-enforcement agency. Such recommendations shall be advisory only, but shall be accorded significant weight.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15150,"edition_id":1,"name":"Law-Enforcement Officers Procedural Guarantee Act","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12896,"metadata":{},"date_created":"2026-06-26 03:52:32","date_modified":"2026-06-26 03:52:32","permalink":{"id":285381,"object_type":"structure","relational_id":15150,"identifier":"5","token":"9.1\/5","url":"\/9.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12896,"edition_id":1,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":284487,"object_type":"structure","relational_id":12896,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70463,"structure_id":15150,"section_number":"9.1-500","catch_line":"Definitions","url":"\/9.1-500\/","token":"9.1\/5\/9.1-500","metadata":false},{"id":82248,"structure_id":15150,"section_number":"9.1-501","catch_line":"Conduct of investigation","url":"\/9.1-501\/","token":"9.1\/5\/9.1-501","metadata":false},{"id":77705,"structure_id":15150,"section_number":"9.1-502","catch_line":"Notice of charges; response; election to proceed under grievance procedure of local governing body","url":"\/9.1-502\/","token":"9.1\/5\/9.1-502","metadata":false},{"id":81606,"structure_id":15150,"section_number":"9.1-503","catch_line":"Personal assets of officers","url":"\/9.1-503\/","token":"9.1\/5\/9.1-503","metadata":false},{"id":80771,"structure_id":15150,"section_number":"9.1-504","catch_line":"Hearing; hearing panel recommendations","url":"\/9.1-504\/","token":"9.1\/5\/9.1-504","metadata":false},{"id":57710,"structure_id":15150,"section_number":"9.1-505","catch_line":"Immediate suspension","url":"\/9.1-505\/","token":"9.1\/5\/9.1-505","metadata":false},{"id":76871,"structure_id":15150,"section_number":"9.1-506","catch_line":"Informal counseling not prohibited","url":"\/9.1-506\/","token":"9.1\/5\/9.1-506","metadata":false},{"id":69045,"structure_id":15150,"section_number":"9.1-507","catch_line":"Chapter accords minimum rights; exception","url":"\/9.1-507\/","token":"9.1\/5\/9.1-507","metadata":false}],"previous_section":{"id":81606,"structure_id":15150,"section_number":"9.1-503","catch_line":"Personal assets of officers","url":"\/9.1-503\/","token":"9.1\/5\/9.1-503","metadata":false},"next_section":{"id":57710,"structure_id":15150,"section_number":"9.1-505","catch_line":"Immediate suspension","url":"\/9.1-505\/","token":"9.1\/5\/9.1-505","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-504\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 19 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 1978 \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 1980, chapter 191; in 2001, chapter 844<\/a>.<\/p>","references":false,"refers_to":[{"id":77705,"section_number":"9.1-502","catch_line":"Notice of charges; response; election to proceed under grievance procedure of local governing body","order_by":null,"url":"\/9.1-502\/"}],"permalink":{"id":285399,"object_type":"law","relational_id":80771,"identifier":"9.1-504","token":"9.1\/5\/9.1-504","url":"\/9.1-504\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-504\/","token":"9.1\/5\/9.1-504","dublin_core":{"Title":"Hearing; hearing panel recommendations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-504","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever a law<\/span>-enforcement officer<\/span> is dismissed, demoted, suspended or transferred for punitive reasons, he may, within a reasonable amount of time following such action, as set by the agency<\/span>, request a hearing. If such request is timely made, a hearing shall be held within a reasonable amount of time set by the agency<\/span>. However, the hearing shall not be set later than fourteen calendar days following the date of request unless a later date is agreed to by the law<\/span>-enforcement officer<\/span>. At the hearing, the law<\/span>-enforcement officer<\/span> and his agency<\/span> shall be afforded the opportunity to present evidence<\/span>, examine and cross-examine witnesses. The law<\/span>-enforcement officer<\/span> shall also be given the opportunity to be represented by counsel<\/span> at the hearing unless the officer and agency<\/span> are afforded, by regulation, the right to counsel<\/span> in a subsequent de novo hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The hearing shall be conducted by a panel<\/span> consisting of one member from within the agency<\/span> selected by the grievant, one member from within the agency<\/span> of equal rank of the grievant but no more than two ranks above appointed by the agency<\/span> head, and a third member from within the agency<\/span> to be selected by the other two members. In the event that such two members cannot agree upon their selection, the chief judge<\/span> of the judicial circuit<\/span> wherein the duty station of the grievant lies shall choose such third member. The hearing panel<\/span> may, and on the request of either the law<\/span>-enforcement officer<\/span> or his agency<\/span> shall, issue<\/span> subpoenas<\/span> requiring the testimony<\/span> of witnesses who have refused or failed to appear at the hearing. The hearing panel<\/span> shall rule on the admissibility of the evidence<\/span>. A record shall be made of the hearing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> At the option of the agency<\/span>, it may, in lieu of complying with the provisions of § 9.1-502<\/a>, give the law<\/span>-enforcement officer<\/span> a statement, in writing, of the charges, the basis therefor, the action which may be taken, and provide a hearing as provided for in this section prior to dismissing, demoting, suspending or transferring for punitive reasons the law<\/span>-enforcement officer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The recommendations of the hearing panel<\/span>, and the reasons therefor, shall be in writing and transmitted promptly to the law<\/span>-enforcement officer<\/span> or his attorney and to the chief executive officer of the law<\/span>-enforcement agency<\/span>. Such recommendations shall be advisory only, but shall be accorded significant weight. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARING; HEARING PANEL RECOMMENDATIONS (\u00a7 9.1-504)\n\nA. Whenever a law-enforcement officer is dismissed, demoted, suspended or\ntransferred for punitive reasons, he may, within a reasonable amount of time\nfollowing such action, as set by the agency, request a hearing. If such request\nis timely made, a hearing shall be held within a reasonable amount of time set\nby the agency. However, the hearing shall not be set later than fourteen\ncalendar days following the date of request unless a later date is agreed to by\nthe law-enforcement officer. At the hearing, the law-enforcement officer and his\nagency shall be afforded the opportunity to present evidence, examine and\ncross-examine witnesses. The law-enforcement officer shall also be given the\nopportunity to be represented by counsel at the hearing unless the officer and\nagency are afforded, by regulation, the right to counsel in a subsequent de novo\nhearing.\n\nB. The hearing shall be conducted by a panel consisting of one member from\nwithin the agency selected by the grievant, one member from within the agency of\nequal rank of the grievant but no more than two ranks above appointed by the\nagency head, and a third member from within the agency to be selected by the\nother two members. In the event that such two members cannot agree upon their\nselection, the chief judge of the judicial circuit wherein the duty station of\nthe grievant lies shall choose such third member. The hearing panel may, and on\nthe request of either the law-enforcement officer or his agency shall, issue\nsubpoenas requiring the testimony of witnesses who have refused or failed to\nappear at the hearing. The hearing panel shall rule on the admissibility of the\nevidence. A record shall be made of the hearing.\n\nC. At the option of the agency, it may, in lieu of complying with the provisions\nof § 9.1-502, give the law-enforcement officer a statement, in writing, of\nthe charges, the basis therefor, the action which may be taken, and provide a\nhearing as provided for in this section prior to dismissing, demoting,\nsuspending or transferring for punitive reasons the law-enforcement officer.\n\nD. The recommendations of the hearing panel, and the reasons therefor, shall be\nin writing and transmitted promptly to the law-enforcement officer or his\nattorney and to the chief executive officer of the law-enforcement agency. Such\nrecommendations shall be advisory only, but shall be accorded significant\nweight.\n\nHISTORY: 1978, c. 19, \u00a7\u00a7 2.1-116.5, 2.1-116.7; 1980, c. 191; 2001, c. 844.","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}}