SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2015 SESSION

  • | print version

SB 927 Administrative Process Act; process for disqualification of a hearing officer.

Introduced by: John S. Edwards | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Administrative Process Act; disqualification; presiding officers and hearing officers. Establishes a process for the disqualification of presiding officers and hearing officers in situations where such officers cannot accord a fair and impartial hearing or consideration or when required by the applicable rules governing the practice of law. A presiding officer or hearing officer shall be subject to disqualification for any factor leading a reasonable person to question his impartiality, including prejudice, financial interest, and ex parte communications. The bill establishes a process for challenging the initial decision to not disqualify. This bill is a recommendation of the Virginia Code Commission.

SUMMARY AS PASSED SENATE:

Administrative Process Act; disqualification; presiding officers and hearing officers. Establishes a process for the disqualification of presiding officers and hearing officers in situations where such officers cannot accord a fair and impartial hearing or consideration, or when required by the applicable rules governing the practice of law. The reasons that a presiding officer or hearing officer may be disqualified include prejudice, financial interest, ex parte communications, or any other factor that would cause a reasonable person to question the impartiality of the presiding officer or hearing officer. In addition, the bill establishes a process for challenging the initial decision to not disqualify. This bill is a recommendation of the Virginia Code Commission.

SUMMARY AS INTRODUCED:

Administrative Process Act; disqualification of a hearing officer. Establishes a process for the disqualification of hearing officers in situations where the officer cannot accord a fair and impartial hearing or consideration, or when required by the applicable rules governing the practice of law. The reasons that a hearing officer may be disqualified include prejudice, financial interest, ex parte communications, or any other factor that would cause a reasonable person to question the impartiality of the hearing officer. In addition, the bill establishes a process for challenging the initial decision to not disqualify. This bill is a recommendation of the Virginia Code Commission.