                                 CODE OF VIRGINIA

SCOPE OF HEARING OFFICER&#8217;S DECISION; AGENCY COOPERATION; COST OF HEARING;
DECISION OF HEARING OFFICER (§ 2.2-3005.1)

A. For those issues qualified for a hearing, the hearing officer may order
appropriate remedies. Relief may include (i) reinstatement to the same position,
or if the position is filled, to an equivalent position, (ii) back pay, (iii)
full reinstatement of fringe benefits and seniority rights, (iv) mitigation or
reduction of the agency disciplinary action, or (v) any combination of these
remedies. In grievances challenging discharge, if the hearing officer finds that
the employee has substantially prevailed on the merits of the grievance, the
employee shall be entitled to recover reasonable attorney fees, unless special
circumstances would make an award unjust. All awards of relief, including
attorney fees, by a hearing officer must be in accordance with rules established
by the Department of Human Resource Management.

B. The agency from which the grievance arises shall bear the costs for the
hearing officer and other associated hearing expenses including the
grievant&#8217;s attorney fees that the hearing officer may award.

C. The decision of the hearing officer shall (i) be in writing, (ii) contain
findings of fact as to the material issues in the case and the basis for those
findings, including any award of reasonable attorney fees pursuant to this
section, and (iii) be final and binding if consistent with law and policy.

D. The provisions of this section relating to the award of attorney fees shall
not apply to any local government or agency thereof that is otherwise subject to
the grievance procedure set forth in this chapter.

HISTORY: 2004, c. 674; 2011, c. 595; 2012, cc. 803, 835.