                                 CODE OF VIRGINIA

HEARINGS BEFORE COMMISSION (§ 28.2-216)

A. Any person whose rights, duties, or privileges, including matters relating to
licenses, shellfish planting grounds, or fishing stands, have been or may be
affected by any action or inaction of the Commission or Commissioner without a
formal hearing may demand in writing a formal hearing of his complaint. The
Commission shall hold a hearing on the complaint as soon as practicable. All
known interested parties shall be afforded an opportunity to be heard before the
Commission. All persons who have noted their interest with the Commission shall
be informed of the hearing by first class mail at least five days prior to the
scheduled date of the hearing. The notice shall indicate the time and place of
the hearing and the issues involved. All parties shall have the opportunity to
present evidence and argument. The proponents for any regulation or matter shall
be heard first, then the opponents. The Commissioner, if present, or any member
of the Commission, in his absence, shall preside over the hearing. The rules of
evidence shall apply insofar as possible.
			Depositions may be taken and read as in actions at law.

B. The Commission or Commissioner shall have power to issue subpoenas and
subpoenae duces tecum and, at the request of any party, shall issue such
subpoena. The failure of a witness without legal excuse to appear or to testify
or to produce documents shall be acted upon by the Commission in the manner
prescribed in &#xA7; 2.2-4022.

HISTORY: 1962, c. 406, § 28.1-30; 1992, c. 836.