Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 8VAC20-820-490 - Recommendations of the hearing officer

Current through Register Vol. 40, No. 24, July 15, 2024
A. By statute, the hearing officer shall
				  recommend findings of fact and a decision upon the preponderance of the
				  evidence presented by the record and relevant to the basic law under which the
				  agency is operating (§§
										2.2-4020
				  and
				  2.2-4021
				  of the Code of Virginia.). The recommended decision of the hearing officer
				  shall be made upon consideration and review of the record as a whole or such
				  portions of the record as may be cited by any party to the proceedings. The
				  findings of fact shall be based exclusively on admissible evidence or matters
				  that are officially noticed. The recommendation shall be in writing and shall
				  include specific findings on all the major facts in issue.
B. The hearing officer shall provide a
				  recommendation within 90 days from the date the agency record is closed (that
				  is, the date of the final hearing or the date by which the hearing officer
				  prescribes that all evidence shall be submitted) or from a later date if agreed
				  to by the aggrieved party and the agency (§
										2.2-4024 of the
				  Code of Virginia). If the hearing officer does not render a recommended
				  decision within 90 days, the named party to the case decision may provide
				  written notice to the hearing officer and the Executive Secretary of the
				  Supreme Court that a decision is due. If no recommended decision is made by the
				  hearing officer within 30 days from receipt of the notice, then the Executive
				  Secretary of the Supreme Court, pursuant to §
										2.2-4024 of the
				  Code of Virginia, shall remove the hearing officer from the hearing officer
				  list and report the hearing officer to the Virginia State Bar for possible
				  disciplinary action, unless good cause can be shown for the delay.
C. The available remedies offered by the
				  hearing officer shall be to (i) uphold the decision of the department; (ii)
				  recommend reversing the decision; or (iii) recommend issuance of a different
				  sanction as provided in §
										22.1-289.023
				  of the Code of Virginia.
D. The
				  findings, conclusions and recommended decision shall be provided to the parties
				  and thereafter either party has 10 days to submit any exceptions in writing to
				  the hearing coordinator for review by the Superintendent regarding the
				  recommended decision of the hearing officer. The hearing officer may
				  incorporate the procedure for making exceptions to his recommended decision
				  within the text of his report and recommendation.
E. The hearing officer shall forward the
				  agency record, including the recommendation; all documents submitted by the
				  parties; a listing of all exhibits presented, received and rejected; and the
				  transcript of the hearing to the hearing coordinator.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.