                                 CODE OF VIRGINIA

INFORMAL FACT FINDING PROCEEDINGS (§ 2.2-4019)

A. Agencies shall ascertain the fact basis for their decisions of cases through
informal conference or consultation proceedings unless the named party and the
agency consent to waive such a conference or proceeding to go directly to a
formal hearing. Such conference-consultation procedures shall include rights of
parties to the case to (i) have reasonable notice thereof, which notice shall
include contact information consisting of the name, telephone number, and
government email address of the person designated by the agency to answer
questions or otherwise assist a named party; (ii) appear in person or by counsel
or other qualified representative before the agency or its subordinates, or
before a hearing officer for the informal presentation of factual data,
argument, or proof in connection with any case; (iii) have notice of any
contrary fact basis or information in the possession of the agency that can be
relied upon in making an adverse decision; (iv) receive a prompt decision of any
application for a license, benefit, or renewal thereof; and (v) be informed,
briefly and generally in writing, of the factual or procedural basis for an
adverse decision in any case.

B. Agencies may, in their case decisions, rely upon public data, documents or
information only when the agencies have provided all parties with advance notice
of an intent to consider such public data, documents or information. This
requirement shall not apply to an agency&#8217;s reliance on case law and
administrative precedent.

HISTORY: 1975, c. 503, § 9-6.14:11; 1986, c. 615; 1989, c. 601; 1993, c. 898;
1994, c. 748; 1995, c. 398; 2001, c. 844; 2016, c. 39.