SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2011 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 2.2-3005.1 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-3005.1. Scope of hearing officer's decision; agency cooperation; cost of hearing; decision of hearing officer.
A. For those issues qualified for a hearing, the hearing
officer may order appropriate remedies. Relief may include (i) reinstatement
to the same position, or if the position is filled, to an equivalent position,
(ii) back pay, (iii) full reinstatement of fringe benefits and seniority
rights, (iv) mitigation or reduction of the agency disciplinary action, or (v)
any combination of these remedies. In grievances challenging discharge, if the
hearing officer finds that the employee has substantially prevailed on the
merits of the grievance, the employee shall be entitled to recover reasonable attorneys'
attorney fees, unless special circumstances would make an award unjust. All
awards of relief, including attorneys' attorney fees, by a
hearing officer must be in accordance with rules established by the Department
of Employment Dispute Resolution.
B. The agency from which the grievance arises shall bear the
costs for the hearing officer and other associated hearing expenses including
the grievant's attorneys' attorney fees that the hearing officer
may award.
C. The decision of the hearing officer shall (i) be in
writing, (ii) contain findings of fact as to the material issues in the case
and the basis for those findings, including any award of reasonable attorneys'
attorney fees pursuant to this section, and (iii) be final and binding if
consistent with law and policy.
D. The provisions of this section relating to the award of attorneys'
attorney fees shall not apply to any local government or agency thereof
that is otherwise subject to the grievance procedure set forth in this chapter.