Section 40. Rule 3. Posthearing procedures

1. Request for review. A request for review of a decision or award of the commission shall be filed by a party in writing with the clerk of the commission within 20 days of the date of such decision or award.

A request for review should assign as error specific findings of fact and conclusions of law. Failure of a party to assign any specific error in its request for review may be deemed by the commission to be a waiver of the party's right to consideration of that error. The commission may, however, on its own motion, address any error and correct any decision on review if such action is considered to be necessary for just determination of the issues.

A copy of the request for review shall be furnished to the opposing party. Upon request to the clerk, a party may obtain a copy of the hearing transcript subject to an appropriate charge.

2. Written statements. The commission will advise the parties of the schedule for filing brief written statements supporting their respective positions. The statements shall address all errors assigned, with particular reference to those portions of the record which support a party's position.

3. Additional testimony. No new evidence may be introduced by a party at the time of review except upon agreement of the parties. A petition to reopen or receive after-discovered evidence may be considered only upon request for review.

A petition to reopen the record for additional evidence will be favorably acted upon by the full commission only when it appears to the commission that such course is absolutely necessary and advisable and also when the party requesting the same is able to conform to the rules prevailing in the courts of this state for the introduction of after-discovered evidence.

4. Oral argument. A party may request oral argument at the time of application for review. Otherwise, the review shall proceed on the record.

If oral argument is requested and the commission considers it necessary or of probable benefit to the parties or to the commission in adjudicating the issues, the parties will be scheduled to present oral argument.

Any party may request the commission to schedule argument by telephone conference by giving notice to the clerk of the commission and to opposing counsel at least five days before the scheduled date for argument.

Each side will be limited to no more than 15 minutes for presentation of oral argument.

If oral argument is requested and the requesting party fails to appear in person or by scheduled telephone conference, the commission may impose sanctions in the absence of good cause shown.

Historical Notes

Derived from VR405-01-06, Rule 3, eff. January 1, 1994.

Statutory Authority

§ 65.2-210 of the Code of Virginia.