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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 3. Alcoholic Beverages |
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Agency 5. Alcoholic Beverage Control Board |
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Chapter 10. Procedural Rules for the Conduct of Hearings Before the Board and Its Hearingofficers |
Section 150. Consent settlement
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A. Generally. Disciplinary cases may be resolved by consent settlement if the nature of the proceeding and public interest permit. In appropriate cases, the chief hearing officer will extend an offer of consent settlement, conditioned upon approval by the board, to the licensee.
B. Who may accept. The licensee or his attorney may accept an offer of consent settlement. If the licensee is a corporation, only an attorney or an officer, director or majority stockholder of the corporation may accept an offer of consent settlement. Settlement shall be conditioned upon approval by the board.
C. How to accept. The licensee shall return the properly executed consent order along with the payment in full of any monetary penalty within 15 calendar days from the date of mailing by the board. Failure to respond within the time period will result in a withdrawal of the offer by the agency and a formal hearing will be held on the date specified in the notice of hearing.
D. Effect of acceptance. Upon approval by the board, acceptance of the consent settlement offer shall constitute an admission of the alleged violation of the A.B.C. laws or regulations, and will result in a waiver of the right to a formal hearing and the right to appeal or otherwise contest the charges. The offer of consent settlement is not negotiable; however, the licensee is not precluded from submitting an offer in compromise under 3VAC5-10-160.
E. Approval by the board. The board shall review all proposed settlements. Only after approval by the board shall a settlement be deemed final. The board may reject any proposed settlement which is contrary to law or policy or which, in its sole discretion, is not appropriate.
F. Record. Unaccepted offers of consent settlement will become a part of the record only after completion of the hearing process.
Historical Notes
Derived from VR125-01-1 § 1.15, eff. December 12, 1985; amended, Volume 04, Issue 06, eff. January 21, 1988; Volume 05, Issue 02, eff. November 24, 1988; Volume 06, Issue 02, eff. November 23, 1989; Volume 08, Issue 06, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007.