                                 CODE OF VIRGINIA

HOW HEARINGS TO BE CONDUCTED (§ 46.2-405)

A. In any such hearing all relevant and material evidence shall be received,
except that: (i) the rules relating to privileged communications and privileged
topics shall be observed; (ii) hearsay evidence shall be received only according
to the rules of evidence prevailing in courts of record; and (iii) secondary
evidence of the contents of a document shall be received only if the original is
not readily available.

B. All reports of inspectors and subordinates of the Department and other
records and documents in the possession of the Department bearing on the case
subject to the provisions of subsection A of this section shall be introduced at
the hearing. Any certified copy of any conviction forwarded to the Commissioner
under the provisions of &#xA7; 46.2-383, shall be prima facie evidence of the
conviction, and may be introduced in evidence.

C. Subject to the provisions of subsection A of this section, every party shall
have the right to cross-examine adverse witnesses and any inspector or
subordinate of the Department whose report is in evidence, and to submit
rebuttal evidence.

D. The decision shall be based only on evidence received at the hearing and
matters of which a court of record could take judicial notice.

HISTORY: Code 1950, § 46-422.1; 1952, c. 544; 1958, c. 541, § 46.1-433; 1989,
c. 727.