                                 CODE OF VIRGINIA

HEARING OFFICERS (§ 2.2-4024)

A. In all formal hearings conducted in accordance with § 2.2-4020, the hearing
shall be presided over by a hearing officer selected from a list prepared by the
Executive Secretary of the Supreme Court and maintained in the Office of the
Executive Secretary of the Supreme Court. Parties to informal fact-finding
proceedings conducted pursuant to § 2.2-4019 may agree at the outset of the
proceeding to have a hearing officer preside at the proceeding, such agreement
to be revoked only by mutual consent. The Executive Secretary may promulgate
rules necessary for the administration of the hearing officer system and shall
have the authority to establish the number of hearing officers necessary to
preside over administrative hearings in the Commonwealth.
			Prior to being included on the list, all hearing officers shall meet the
following minimum standards:

   1. Active membership in good standing in the Virginia State Bar;

   2. Active practice of law for at least five years; and

   3. Completion of a course of training approved by the Executive Secretary of
   the Supreme Court. In order to comply with the demonstrated requirements of
   the agency requesting a hearing officer, the Executive Secretary may require
   additional training before a hearing officer shall be assigned to a proceeding
   before that agency.

B. On request from the head of an agency, the Executive Secretary shall name a
hearing officer from the list, selected on a rotation system administered by the
Executive Secretary. Lists reflecting geographic preference and specialized
training or knowledge shall be maintained by the Executive Secretary if an
agency demonstrates the need.

C. A hearing officer appointed in accordance with this section shall be subject
to disqualification as provided in &#xA7; 2.2-4024.1. If the hearing officer
denies a petition for disqualification pursuant to &#xA7; 2.2-4024.1, the
petitioning party may request reconsideration of the denial by filing a written
request with the Executive Secretary along with an affidavit, prior to the
taking of evidence at a hearing, stating with particularity the grounds upon
which it is claimed that a fair and impartial hearing cannot be accorded, or the
applicable rule of practice requiring disqualification.
			The issue shall be determined not less than 10 days prior to the hearing by
the Executive Secretary.

D. Any hearing officer empowered by the agency to provide a recommendation or
conclusion in a case decision matter shall render that recommendation or
conclusion as follows:

   1. If the agency&#8217;s written regulations or procedures require the hearing
   officer to render a recommendation or conclusion within a specified time
   period, the hearing officer shall render the recommendation or conclusion on
   or before the expiration of the specified period; and

   2. In all other cases, the hearing officer shall render the recommendation or
   conclusion within 90 days from the date of the case decision proceeding or
   from a later date agreed to by the named party and the agency.
   				If the hearing officer does not render a decision within the time required
   by this subsection, then the agency or the named party to the case decision
   may provide written notice to the hearing officer and the Executive Secretary
   of the Supreme Court that a decision is due. If no decision is made within 30
   days from receipt by the hearing officer of the notice, then the Executive
   Secretary of the Supreme Court shall remove the hearing officer from the
   hearing officer list and report the hearing officer to the Virginia State Bar
   for possible disciplinary action, unless good cause is shown for the delay.

E. The Executive Secretary shall remove hearing officers from the list, upon a
showing of cause after written notice and an opportunity for a hearing. When
there is a failure by a hearing officer to render a decision as required by
subsection D, the burden shall be on the hearing officer to show good cause for
the delay. Decisions to remove a hearing officer may be reviewed by a request to
the Executive Secretary for reconsideration, followed by judicial review in
accordance with this chapter.

F. This section shall not apply to hearings conducted by (i) any commission or
board where all of the members, or a quorum, are present; (ii) the Virginia
Alcoholic Beverage Control Authority, the Virginia Workers&#8217; Compensation
Commission, the State Corporation Commission, the Virginia Employment
Commission, the Department of Motor Vehicles under Title 46.2 (&#xA7; 46.2-100
et seq.), &#xA7; 58.1-2409, or Chapter 27 (&#xA7; 58.1-2700 et seq.) of Title
58.1, or the Motor Vehicle Dealer Board under Chapter 15 (&#xA7; 46.2-1500 et
seq.) of Title 46.2; or (iii) any panel of a health regulatory board convened
pursuant to &#xA7; 54.1-2400, including any panel having members of a relevant
advisory board to the Board of Medicine. All employees hired after July 1, 1986,
pursuant to &#xA7;&#xA7; 65.2-201 and 65.2-203 by the Virginia Workers&#8217;
Compensation Commission to conduct hearings pursuant to its basic laws shall
meet the minimum qualifications set forth in subsection A. Agency employees who
are not licensed to practice law in the Commonwealth, and are presiding as
hearing officers in proceedings pursuant to clause (ii) shall participate in
periodic training courses.

G. Notwithstanding the exemptions of subsection A of &#xA7; 2.2-4002, this
article shall apply to hearing officers conducting hearings of the kind
described in &#xA7; 2.2-4020 for the Department of Wildlife Resources, the
Virginia Housing Development Authority, the Milk Commission, and the Virginia
Resources Authority pursuant to their basic laws.

HISTORY: 1986, c. 615, § 9-6.14:14.1; 1988, c. 865; 1990, c. 219; 1991, c. 214;
1992, c. 659; 1993, c. 898; 1995, cc. 744, 776, 803, 805; 1996, cc. 189, 205,
639, 658; 2001, c. 844; 2002, cc. 448, 698; 2009, c. 806; 2012, cc. 803, 835;
2015, cc. 38, 636, 730; 2018, c. 613; 2020, c. 958.