A. Service of notice. The Board shall, within 10 days of decertification, serve notice upon a decertified officer, in person or by certified mail or trackable courier service with signature requirement, and upon the law-enforcement or jail agency employing said officer, by certified mail or trackable courier service with signature requirement, specifying the action taken and remedies available. The Board shall stay final action until the period for requesting a review of the decertification expires.
B. Decertification review process. Any decertified law-enforcement or jail officer may, within 30 days of receipt of notice served by the Board, request, by certified mail or trackable courier service with signature requirement, review of his decertification, which shall be granted by the Board. Upon receipt of such request, the Board shall request the Department of Criminal Justice Services (the Department) to initiate a review of the decertification pursuant to the authority conferred in subdivisions 36 and 61 of § 9.1-102 and in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) within 90 days and serve notice by certified mail or trackable courier service with signature requirement upon the decertified officer. The decertified officer may be represented by counsel at all stages of the decertification review process. The former employing agency shall have a representative present at all stages of the decertification review process. In the absence of a request for review, decertification shall, without further proceedings, become final 30 days after the initial notice has been served on the decertified officer in person or by certified mail or trackable courier service with signature requirement.
C. 1. Upon motion by the decertified officer or his counsel or the Attorney General, the Department may grant a continuance of any informal fact-finding conference or formal hearing for good cause shown.
2. When an officer is decertified as a result of a termination or resignation related to a criminal charge that has not yet been adjudicated by a court and thereafter requests a review of his decertification, the Department may continue any informal fact-finding conference or formal hearing until the final disposition of the charge has been entered by the court hearing the criminal matter. Such officer shall remain decertified during such period of continuance unless the Department finds the officer’s continued decertification may cause circumstances that constitute a manifest injustice to the officer, in which case the officer’s certification may be reinstated during the period of continuance until the conviction becomes final.
3. When an officer is decertified as a result of a misdemeanor conviction that has been appealed to a court of record and thereafter requests review of his decertification, any informal fact-finding conference or formal hearing shall be continued until after the matter has been adjudicated by such court of record. Such officer shall remain decertified during such period of continuance.
4. When an officer is decertified as a result of any provision of clauses (ii) through (v) of subsection B of § 15.2-1707 and thereafter requests review of his decertification, any informal fact-finding conference or formal hearing shall be continued until after all grievances or appeals have been exhausted or waived and the employing agency’s finding of misconduct is final. Such officer shall remain decertified during such period of continuance.
D. The findings and decision of the Department’s decertification review may be appealed to the Criminal Justice Services Board (the Board) within 30 days of the decertified officer’s receipt of notice of the Department’s decision served by the Department. The final administrative decision of the Board’s decertification review may be appealed pursuant to § 2.2-4026 of the Code of Virginia.
E. Reinstatement after decertification. Any decertified officer may, after a period of not less than five years after the date on which a final decision is made, petition the Board to be considered for reinstatement of certification.
F. Related records provided to the Board or the Department for the purposes of decertification of an identifiable law-enforcement or jail officer or the decertification review process for that identifiable law-enforcement or jail officer shall not be disclosed by the Board or the Department pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).