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9VAC25-230-150. Formal hearing procedures.

A. A formal hearing held under this rule may be conducted by the full board at any regular or special meeting of the body, and the chairman or his designated subordinate shall preside as hearing officer. Hearings may be held at any other time and place authorized by the board or its chairman, and shall be conducted by at least one board member designated by the chairman. The board member conducting such hearing may preside as hearing officer or may designate a subordinate as hearing officer.

B. The hearing officer shall have the authority to maintain order, preserve the impartiality of the decision process, and conclude the hearing process expeditiously. He shall hold all powers necessary to those ends, including, but not limited to, the power to do the following:

1. Prescribe the methods and procedures to be used in the development of evidentiary facts and the presentation of evidence by the parties, including the issuance of pre-hearing orders setting forth the issues for hearing and establishing deadlines for the filing of written testimony and exhibits;

2. Administer oaths and affirmations;

3. Receive probative evidence, rule upon offers of proof and, upon his own motion or the objection of any party, exclude irrelevant, immaterial, insubstantial or repetitive proofs, rebuttal or cross-examination;

4. Examine witnesses;

5. Hold pre-hearing conferences for the settlement, simplification or stipulation of issues and facts by consent;

6. Rule on procedural matters; and

7. Issue subpoenas and subpoenas duces tecum in accordance with 62.1-44.26 and 9-6.14:13 of the Code of Virginia.

C. Rulings of the hearing officer on the admissibility of evidence or testimony, the propriety or conduct of cross-examination, and on any and all procedural matters shall appear in the hearing record and shall control further proceedings in the hearing. Parties shall be presumed to have taken exception to any adverse ruling, and no objection shall be considered waived by further participation in the hearing.

Statutory Authority

62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from VR680-31-01 1.25, eff. June 10, 1980.

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