                                 CODE OF VIRGINIA

HEARING; HEARING PANEL RECOMMENDATIONS (§ 9.1-504)

A. Whenever a law-enforcement officer is dismissed, demoted, suspended or
transferred for punitive reasons, he may, within a reasonable amount of time
following such action, as set by the agency, request a hearing. If such request
is timely made, a hearing shall be held within a reasonable amount of time set
by the agency. However, the hearing shall not be set later than fourteen
calendar days following the date of request unless a later date is agreed to by
the law-enforcement officer. At the hearing, the law-enforcement officer and his
agency shall be afforded the opportunity to present evidence, examine and
cross-examine witnesses. The law-enforcement officer shall also be given the
opportunity to be represented by counsel at the hearing unless the officer and
agency are afforded, by regulation, the right to counsel in a subsequent de novo
hearing.

B. The hearing shall be conducted by a panel consisting of one member from
within the agency selected by the grievant, one member from within the agency of
equal rank of the grievant but no more than two ranks above appointed by the
agency head, and a third member from within the agency to be selected by the
other two members. In the event that such two members cannot agree upon their
selection, the chief judge of the judicial circuit wherein the duty station of
the grievant lies shall choose such third member. The hearing panel may, and on
the request of either the law-enforcement officer or his agency shall, issue
subpoenas requiring the testimony of witnesses who have refused or failed to
appear at the hearing. The hearing panel shall rule on the admissibility of the
evidence. A record shall be made of the hearing.

C. At the option of the agency, it may, in lieu of complying with the provisions
of &#xA7; 9.1-502, give the law-enforcement officer a statement, in writing, of
the charges, the basis therefor, the action which may be taken, and provide a
hearing as provided for in this section prior to dismissing, demoting,
suspending or transferring for punitive reasons the law-enforcement officer.

D. The recommendations of the hearing panel, and the reasons therefor, shall be
in writing and transmitted promptly to the law-enforcement officer or his
attorney and to the chief executive officer of the law-enforcement agency. Such
recommendations shall be advisory only, but shall be accorded significant
weight.

HISTORY: 1978, c. 19, §§ 2.1-116.5, 2.1-116.7; 1980, c. 191; 2001, c. 844.