Section 170. Record of proceedings, proposed findings and conclusions from formal hearing

A. A verbatim record of the hearing shall be made by a court reporter. The executive secretary or his designee shall act as custodian of the record, which shall include the transcript along with all written testimony, arguments, exhibits, reports, studies, and documents or written material of any kind submitted by the staff or the parties and admitted under 9VAC25-230-150 and 9VAC25-230-160, and offers of proof placed in the record under 9VAC25-230-160 C. A copy of the record shall be maintained for public inspection at the board's headquarters in Richmond. Where a subordinate hearing officer presides over the hearing, he shall promptly certify the original record as the true and official transcript of the proceedings, including a statement that the evidence contained in it and the exhibits to it appended represent all of the testimony offered and received into evidence at the hearing.

B. When the hearing is before the board, parties to the hearing may submit proposed findings of fact, conclusions of law and a statement of reasons therefore to the board. Such proposed findings shall be in writing, shall cite relevant authority, and shall be submitted prior to or at the hearing unless the board specifically allows submission after the hearing.

C. When the hearing is not before the full board, parties to the hearing may present oral arguments to the hearing officer and may submit proposed findings of fact, conclusions of law and a statement of reasons therefore to the executive secretary. Such proposed findings, conclusions and statement shall be in writing, shall cite relevant authority, and shall be submitted at a time prescribed by the hearing officer, which shall not be later than ten days after the hearing unless otherwise authorized by the hearing officer. The hearing officer shall consider the proposed findings, conclusions and statements timely submitted by the parties. He shall prepare his own recommended findings and decision and, promptly after the close of the hearing, transmit them to the board along wit the hearing record. At the time of transmittal of the record, the hearing officer shall mail, by electronic or postal delivery, copies of his recommended findings and decision to the parties. The board will receive and act upon exceptions to those recommended findings and conclusions for 21 days after their mailing, by electronic or postal delivery, to the parties. The proposed findings and conclusions submitted by any party are advisory only, and shall not be binding on the hearing officer or the board. But they shall be included in the hearing record and the board and the hearing officer shall be required to consider them in making any decision under this.

Historical Notes

Derived from VR680-31-01 § 1.27, eff. June 10, 1980; amended, Volume 29, Issue 24, eff. September 1, 2013.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.