                                 CODE OF VIRGINIA

HEARING; RECOMMENDATIONS (§ 9.1-510)

A. Whenever a correctional officer is dismissed, demoted, suspended without pay,
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. The hearing shall be set no later than 14 calendar days following
the date of request, unless a later date is agreed to by the correctional
officer.

B. At the hearing, the correctional officer and the agency shall have the
opportunity to present evidence and to examine and cross-examine witnesses. The
correctional officer shall also be given the opportunity to be represented by
counsel or a representative at the hearing.

C. 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
appointed by the agency head, and a third member selected by the other two
members. These members shall be security officers of no more than three ranks
above the rank of the grievant. If there is no agreement on a third member, the
third member shall be chosen by the chief circuit court judge of the circuit
where the correctional officer is employed. The hearing panel may issue
subpoenas to compel witness testimony at the request of either the correctional
officer or the agency. The hearing panel shall rule on the admissibility of
evidence. A record shall be made of the hearing.

D. At the option of the agency, it may, in lieu of complying with the provisions
of &#xA7; 9.1-509, (i) give the correctional officer a written statement of the
charges and the basis for them, and the action that may be taken, and (ii)
provide a hearing as provided for in this section prior to dismissing, demoting,
suspending, or transferring the correctional officer for disciplinary reasons.

E. The recommendations of the hearing panel and the reasons therefor shall be
made in writing and transmitted promptly to the correctional officer or his
counsel and to the agency. Such recommendations shall be advisory only but shall
be accorded significant weight.

F. No provision of this section shall apply to correctional officers dismissed,
demoted, suspended without pay, or transferred for punitive reasons as a result
of a criminal conviction.

HISTORY: 2018, cc. 761, 762.