                                 CODE OF VIRGINIA

ADDITIONAL POWERS; MEDIATION; ALTERNATIVE DISPUTE RESOLUTION; CONFIDENTIALITY
(§ 4.1-103.03)

A. As used in this section:
			&#8220;Appropriate case&#8221; means any alleged license violation or
objection to the application for a license in which it is apparent that there
are significant issues of disagreement among interested persons and for which
the Board finds that the use of a mediation or dispute resolution proceeding is
in the public interest.
			&#8220;Dispute resolution proceeding&#8221; means the same as that term is
defined in &#xA7; 8.01-576.4.
			&#8220;Mediation&#8221; means the same as that term is defined in &#xA7;
8.01-576.4.
			&#8220;Neutral&#8221; means the same as that term is defined in &#xA7;
8.01-576.4.

B. The Board may use mediation or a dispute resolution proceeding in appropriate
cases to resolve underlying issues or reach a consensus or compromise on
contested issues. Mediation and other dispute resolution proceedings as
authorized by this section shall be voluntary procedures that supplement, rather
than limit, other dispute resolution techniques available to the Board.
Mediation or a dispute resolution proceeding may be used for an objection to the
issuance of a license only with the consent of, and participation by, the
applicant for licensure and shall be terminated at the request of such
applicant.

C. Any resolution of a contested issue accepted by the Board under this section
shall be considered a consent agreement as provided in subdivision 21 of &#xA7;
4.1-103. The decision to use mediation or a dispute resolution proceeding is in
the Board&#8217;s sole discretion and shall not be subject to judicial review.

D. The Board may adopt rules and regulations, in accordance with the
Administrative Process Act (&#xA7; 2.2-4000 et seq.), for the implementation of
this section. Such rules and regulations may include (i) standards and
procedures for the conduct of mediation and dispute resolution proceedings,
including an opportunity for interested persons identified by the Board to
participate in the proceeding; (ii) the appointment and function of a neutral to
encourage and assist parties to voluntarily compromise or settle contested
issues; and (iii) procedures to protect the confidentiality of papers, work
products, or other materials.

E. The provisions of &#xA7; 8.01-576.10 concerning the confidentiality of a
mediation or dispute resolution proceeding shall govern all such proceedings
held pursuant to this section except where the Board uses or relies on
information obtained in the course of such proceeding in granting a license,
suspending or revoking a license, or accepting payment of a civil penalty or
investigative costs. However, a consent agreement signed by the parties shall
not be confidential.

HISTORY: 2017, cc. 698, 707; 2020, cc. 1113, 1114.