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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 290. Evidence
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A. Generally. Subject to the exceptions permitted in this section, and to any stipulations agreed to by all interested parties, all evidence should be introduced at hearings before hearing officers.
B. Additional evidence. Should the board determine at an appeal hearing, either upon motion or otherwise, that it is necessary or desirable that additional evidence be taken, the board may:
1. Direct that a hearing officer fix a time and place for the taking of such evidence within the limits prescribed by the board and in accordance with 3VAC5-10-180; and
2. Upon unanimous agreement of the board members permit the introduction of after-discovered or new evidence at the appeal hearing.
If the initial decision indicates that the qualifications of the establishment of an applicant or licensee are such as to cast substantial doubt upon the eligibility of the place for a license, evidence may be received at the appeal hearing limited to the issue involved and to the period of time subsequent to the date of the hearing before the hearing officer.
C. Board examination. Any board member may examine a witness upon any question relevant to the matters in issue.
D. Cross-examination. The right to cross-examine and the submission of rebuttal evidence as provided in 3VAC5-10-90 shall be allowed in any appeal hearing where the introduction of additional evidence is permitted.
Historical Notes
Derived from VR125-01-1 § 2.6, 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.