Section 160. Types of hearings

Hearings before the board, the commissioner, or their designees shall include any of the following forms depending upon the nature of the controversy and the interests of the parties involved.

1. An informal hearing is a meeting with the district engineer and field director and held in accordance with § 9-6.14:11 of the Code of Virginia. The field director may consider all evidence presented at the meeting which is relevant to the issue in controversy. Presentation of evidence, however, is entirely voluntary. The field office has no subpoena power. No verbatim record will be taken at the informal hearing, but the field director may make preliminary findings of fact, and may submit a copy of those preliminary findings, with recommendations, to the commissioner and or division director for review. A copy of the findings shall be mailed to the appellant.

2. The adjudicatory hearing is a formal, public, adjudicatory proceeding before the commissioner or a designated hearing officer held in conformance with § 9-6.14:12. Pursuant to the hearings process:

a. A Notice which states the time, place, and issues involved in the prospective hearing shall be sent to parties requesting the hearing by certified mail at least 15 calendar days before the hearing is to take place;

b. A record of the hearing will be made by a court reporter or other approved means. A copy of the transcript of the hearing, if transcribed, will be provided within a reasonable time to any person upon written request and payment of the cost. If the record is not transcribed, then the cost of preparation of the transcript will be borne by the party requesting the transcript;

c. All interested parties may attend the hearing and present evidence, expert or otherwise, that is material and relevant to the issues in controversy. The admissibility of evidence shall be in accordance with the Administrative Process Act. All parties may be represented by counsel;

d. The commissioner or hearing officer, pursuant to § 9-9.14:13 of the Code of Virginia, may issue subpoenas for the attendance of witnesses and the production of books, papers, maps, and records. The failure of a witness without legal excuse to appear or to testify or to produce documents may be reported by the commissioner to the appropriate circuit court; and

e. The commissioner may designate a hearing officer or subordinate to conduct the hearing, as provided in § 9-6.14:12 of the Code of Virginia, and to make written recommended findings of fact and conclusions of law to be submitted for review and final decision by the commissioner. The final decision of the commissioner shall be reduced to writing and will contain the explicit findings of fact upon which his decision is based. Copies of the decision shall be delivered to the owner affected by it. Notice of a decision will be served upon the parties and become a part of the record. Service may be by personal service or certified mail, return receipt requested.

3. A regulatory hearing is a public meeting of the board which is held for the purpose of adopting, amending, or repealing rules and regulations. A regulatory hearing requires that:

a. A notice shall be published, in at least one newspaper of general circulation in the commonwealth, not less than 60 days prior to the day on which the regulatory hearing is to be held. Such notice shall state the time, place, and nature of the hearing and the express terms or an informative survey of the rules that are to be adopted, amended, or repealed;

b. All interested persons may be present at the hearing and may present comments, arguments, objections, and evidence which concern the proposed rules; and

c. The board may adopt, repeal, or amend any rule or regulation which was included in the general notice published prior to the meeting. Rules and regulations may be adopted in the form in which they were described in the notice, or as amended at the hearing, provided the amendments do not alter the main purpose of the rule or regulation.

Historical Notes

Derived from VR355-18-003.11 § 1.17, eff. August 1, 1991; amended, Volume 09, Issue 17, eff. June 23, 1993.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.