                                 CODE OF VIRGINIA

APPEAL BY EMPLOYEE FROM DECLARATION OF INELIGIBILITY (§ 40.1-57)

In the event that any such employee feels aggrieved by such declaration of
ineligibility he may within ninety days after the date thereof appeal to the
circuit court of the county or the circuit court of the city in which he was
employed by filing a petition therein for a review of the matters of law and
fact involved in or pertinent to the declaration of ineligibility. A copy of the
petition shall be served upon or sent by registered mail to the official signing
the declaration, who may file an answer thereto within ten days after receiving
the same. The court or the judge thereof in vacation shall, as promptly as
practicable, hear the appeal de novo and notify the employee and the signer of
the declaration of ineligibility of the time and place of hearing. The court
shall hear such testimony as may be adduced by the respective parties and render
judgment in accordance with the law and the evidence. Such judgment shall be
final.

HISTORY: Code 1950, § 40-67; 1970, c. 321.