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Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 63.1-116, 63.1-117 and 63.1-119 of the Code of Virginia are amended and reenacted as follows:
§ 63.1-116. Right of appeal to Commissioner.
Any applicant or recipient aggrieved by any decision of a local board in
granting, denying, changing or discontinuing assistance, may, within thirty
days after receiving notice in writing of such decision, appeal
therefrom to, or ask for a review of the same by the State
Board the Commissioner.
Any applicant or recipient aggrieved by the failure of the local board to make
a decision within a reasonable time may ask for a review of the same by
the State Board Commissioner.
The Board may, from time to time as it deems appropriate, appoint a
committee consisting of any three of its members to consider and make final
determinations on any such appeal or review.
The Board Commissioner may delegate the duty and
authority to duly qualified hearing officers to consider and make
determinations on any appeal or review by an applicant for or recipient of
public assistance concerning any decision of a local board. The
determination by the hearing officer may be reviewed by the Board upon the
request of either the applicant, recipient or the local board. A review of the
hearing officer's determination by the Board shall be governed by such rules
and procedure as the Board shall determine. The Commissioner shall
establish an appeals review panel to review administrative hearing decisions
upon the request of either the applicant or the local board. Such panel will
determine if any changes are needed in the conduct of future hearings, or to
policy and procedures related to the issue of the administrative appeal, and
periodically report its findings to the Commissioner.
§ 63.1-117. Action by Commissioner on appeal.
The State Board Commissioner shall provide an opportunity
for a hearing, reasonable notice of which shall be given in writing to the
applicant or recipient and to the proper local board in such manner and form as
the State Board Commissioner may prescribe. The
State Board Commissioner shall if it deems
deemed proper make or cause to be made an investigation of the
facts. The State Board Commissioner shall give fair and
impartial consideration to the testimony of witnesses, or other evidence
produced at the hearing, reports of investigations of the local board and local
superintendent or of investigations made or caused to be made by the State
Board Commissioner, or any facts which the State Board
Commissioner may deem proper to enable it
him to decide fairly the appeal or review.
The Board may, from time to time as it deems appropriate, appoint a
committee consisting of any three of its members to consider and make final
determinations on any such appeal or review.
§ 63.1-119. Finality of decision of Commissioner.
The decision of the State Board Commissioner shall be
final and binding and in addition shall be treated as the decision of the local
board concerned. The State Board may at any time thereafter reopen and
review the matter involved, and Any applicant or recipient aggrieved by
any final agency action shall have the right to judicial review of such action
pursuant to the provisions of the Administrative Process Act (§ 9-6.14:1
et seq.).
2. That § 63.1-118 of the Code of Virginia is repealed.