Section 440. General rules for appeals

A. The appeal shall be heard by a hearing officer.

1. The hearing officer may hold the hearing by telephone or in the district office where the custodial parent or his or her case resides unless another location is requested by the appellant.

2. The parents may be represented at the hearing by legal counsel.

3. The appellant may withdraw the appeal at any time. The department may withdraw its actions at any time.

4. The hearing officer shall accept a request for a continuance from the noncustodial parent or the custodial parent if:

a. The request is made in writing at least five business days prior to the hearing, and

b. The request is for not more than a 10-day continuance, except when the facts presented justify an exception.

B. The hearing officer shall notify the parents of the date and time of the hearing in accordance with § 63.2-1942 of the Code of Virginia.

C. Prior to the hearing, the hearing officer shall send the parents a copy of the case summary prepared by the district office.

Historical Notes

Derived from VR615-70-17 § 6.2, eff. February 28, 1990; amended, Volume 06, Issue 26, eff. October 24, 1990; Volume 07, Issue 15, eff. July 1, 1991; Volume 08, Issue 04, eff. July 1, 1992; Volume 08, Issue 19, eff. July 15, 1992; Volume 18, Issue 14, eff. April 24, 2002; Volume 31, Issue 10, eff. February 12, 2015.

Statutory Authority

§ 63.2-217 of the Code of Virginia; 42 USC § 651 et seq.