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9VAC25-230-80. Public hearing procedures.

A. Public hearings held pursuant to these procedures may be conducted by the full board at a regular or special meeting of that body, and the chairman or his designated subordinate shall preside a hearing officer. Hearings may be held before less than the full board, but 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.

The venue for public hearings is prescribed by 9-6.14:5 of the Code of Virginia, except that venue for hearings for revocation or amendment of a certificate is governed by 62.1-44.26 of the Code of Virginia.

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 presentation of factual data, arguments and proof orally and in writing including the imposition of reasonable limitations on the time permitted for oral testimony;

2. Consolidate the presentation of factual data, arguments and proof to avoid repetitive presentation of them;

3. Require that the testimony of any person be given under oath or affirmation;

4. Rule on procedural matters;

5. Act as custodian of the record of the hearing causing all notices and written submittals to be entered in it; and

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

C. A verbatim transcript of the public hearing shall be made by a court reporter. The record shall include the transcript along with all written testimony, arguments, exhibits, reports, studies, and documents or written material of any kind submitted by any party or any person. A copy of the record shall be maintained for public inspection at the board's headquarters in Richmond.

D. The hearing officer may keep the public hearing record open for the submittal of additional factual data, arguments and proofs for a period not to exceed 30 days following the conclusion of the hearing. Where the hearing is before the board, the board may close the record and proceed immediately to a decision. After the close of the hearing record, but before its decision, the board may, for good cause shown, reopen the hearing record to receive additional evidence in such manner and form as the board may prescribe.

E. When the hearing is not conducted before the full board, the staff shall, promptly after the close of the public hearing record, make a report to the board.

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 1.15, eff. June 10, 1980.

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