reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-40 - Communications

Current through Register Vol. 40, No. 24, July 15, 2024
Communications regarding hearings before hearing officers
					 upon licenses and applications for licenses should be addressed to the Chief
					 Hearing Officer, Hearings and Appeals Division.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-50 - Complaints

Current through Register Vol. 40, No. 24, July 15, 2024
The board, in its discretion and for good cause shown, may
					 arrange a hearing upon the complaint of any aggrieved party(s) against the
					 continuation of a license. The complaint shall be in writing directed to the
					 Director, Bureau of Law Enforcement Operations, setting forth the name and post
					 office address of the person(s) against whom the complaint is filed, together
					 with a concise statement of all the facts necessary to an understanding of the
					 grievance and a statement of the relief desired.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-60 - Continuances

Current through Register Vol. 40, No. 24, July 15, 2024
Motions to continue a hearing will be granted as in actions
					 at law. Requests for continuances should be addressed to the Chief Hearing
					 Officer, Hearings and Appeals Division, or the hearing officer who will preside
					 over the hearing.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-70 - Decisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Initial
				  decisions. The decision of the hearing officer shall be deemed the initial
				  decision, shall be a part of the record and shall include:
1. A statement of the hearing officer's
				  findings of fact and conclusions, as well as the reasons or bases therefor,
				  upon all the material issues of fact, law or discretion presented on the
				  record; and
2. The appropriate
				  rule, order, sanction, relief or denial thereof as to each such
				  issue.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-80 - Docket

Current through Register Vol. 40, No. 24, July 15, 2024
Cases will be placed upon the docket in the order in which
					 they mature except that, for good cause shown or for reasons appearing to the
					 board or to the chief hearing officer, the order may be
					 varied.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-90 - Evidence

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally. All
				  relevant and material evidence shall be received, except that:
1. The rules relating to privileged
				  communications and privileged topics shall be observed; and
2. Secondary evidence of the contents of a
				  document shall be received only if the original is not readily available. In
				  deciding whether a document is readily available the hearing officer shall
				  balance the importance of the evidence against the difficulty of obtaining it,
				  and the more important the evidence the more effort should be made to have the
				  original document produced.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-100 - Hearings; penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Hearings before the hearing officer shall be held, insofar as practicable, at
				  the county seat of the county in which the establishment of the applicant or
				  licensee is located, or, if the establishment is located within the corporate
				  limits of any city, then in such city. However, if it is located in a county or
				  city within a metropolitan area in which the board maintains a hearing room in
				  a district office, such hearings may be held in such hearing room.
				  Notwithstanding the above, hearing officers may conduct hearings at locations
				  convenient to the greatest numbers of persons in order to expedite the hearing
				  process.
B. At any hearing held by
				  a hearing officer, any person hindering the orderly conduct or decorum of the
				  hearing shall be guilty of a violation of this regulation and shall be subject
				  to the penalty prescribed by § 4.1-349 of the Code of Virginia.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-110 - Hearing officers

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Hearing officers are charged with the duty of conducting fair and impartial
				  hearings and of maintaining order in a form and manner consistent with the
				  dignity of the board.
B. Each
				  hearing officer shall have authority, subject to the published rules of the
				  board and within its powers, to:
1. Administer
				  oaths and affirmations;
2. Issue
				  subpoenas as authorized by law;
3.
				  Rule upon offers of proof and receive relevant and material evidence;
4. Take or cause depositions and
				  interrogatories to be taken, directed and issued;
5. Examine witnesses and otherwise regulate
				  the course of the hearing;
6. Hold
				  conferences for the settlement or simplification of issues by consent of
				  interested parties;
7. Dispose of
				  procedural requests and similar matters;
8. Amend the issues or add new issues
				  provided the applicant or licensee expressly waives notice thereof. The waiver
				  shall be made a part of the stenographic report of the hearing;
9. Submit initial decisions to the board and
				  to other interested parties or their representatives; and
10. Take any other action authorized by the
				  rules of the board.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-120 - Interested parties

Current through Register Vol. 40, No. 24, July 15, 2024
As used in this chapter, "interested parties" shall mean
					 the following persons:
1. The
				  applicant;
2. The
				  licensee;
3. Persons who would be
				  aggrieved by a decision of the board; and
4. For purposes of appeal pursuant to
				  3VAC5-10-240, interested parties
				  shall be only those persons who appeared at and asserted an interest in the
				  hearing before a hearing officer.
Where in this chapter reference is made to "licensee," the
					 term likewise shall be applicable to a permittee or a designated manager to the
					 extent that this chapter are not inconsistent with the statutes and regulations
					 relating to such persons.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-130 - Motions or requests

Current through Register Vol. 40, No. 24, July 15, 2024
Motions or requests for ruling made prior to the hearing
					 before a hearing officer shall be in writing, addressed to the Chief Hearing
					 Officer, Hearings and Appeals Division, and shall state with reasonable
					 certainty the ground therefor. Argument upon such motions or requests will not
					 be heard without special leave granted by the hearing officer who will preside
					 over the hearing.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-140 - Notice of hearings

Current through Register Vol. 40, No. 24, July 15, 2024
Interested parties shall be afforded reasonable notice of
					 a pending hearing. The notice shall state the time, place and issues
					 involved.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-150 - Consent settlement

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Generally. The board, or its designee, may offer to resolve disciplinary cases
				  when the nature of the proceeding and public interest permit. In appropriate
				  cases, the board or its designee will extend an offer for a consent settlement
				  to the licensee.
B. Who may accept.
				  The licensee or his attorney may accept an offer of consent settlement. If the
				  licensee is a corporation, only an attorney or an officer, director or majority
				  stockholder of the corporation may accept an offer of consent
				  settlement.
C. How to accept. The
				  licensee shall return the properly executed consent order along with the
				  payment in full of any monetary penalty no later than 21 calendar days from the
				  date of mailing by the board. Failure to respond within the time period will
				  result in a withdrawal of the offer by the agency and a formal hearing will be
				  held on the date specified in the notice of hearing.
D. Effect of acceptance. Acceptance of the
				  consent settlement offer shall constitute an admission of the alleged violation
				  of the A.B.C. laws or regulations and will result in a waiver of the right to a
				  formal hearing and the right to appeal or otherwise contest the charges. The
				  offer of consent settlement is not negotiable; however, the licensee is not
				  precluded from submitting an offer in compromise under
				  3VAC5-10-160.
E. Board review. Prior to extending an offer
				  of consent settlement to the licensee, the board or its designee may reject any
				  proposed settlement which is contrary to law or policy or which, in its sole
				  discretion, is not appropriate.
F.
				  Record. Unaccepted offers of consent settlement will become a part of the
				  record only after completion of the hearing process.
Statutory Authority: §§
												4.1-103
						and
						4.1-111 of
						the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-160 - Offers in compromise

Current through Register Vol. 40, No. 24, July 15, 2024
Following notice of a disciplinary proceeding, a licensee
					 may be afforded opportunity for the submission of an offer in compromise in
					 lieu of suspension or in addition thereto, or in lieu of revocation of his
					 license, where in the discretion of the board, the nature of the proceeding and
					 the public interest permit. Such offer should be addressed to the chief hearing
					 officer. Acceptance of the offer in compromise shall constitute an admission of
					 the alleged violation of the A.B.C. laws or regulations, and shall result in a
					 waiver of the right to a formal hearing and the right to appeal or otherwise
					 contest the charges. The reason for the acceptance of such an offer shall be
					 made a part of the record of the proceeding. Unless good cause be shown,
					 continuances for purposes of considering an offer in compromise will not be
					 granted. Offers in compromise may be submitted anytime following notice of a
					 disciplinary proceeding and before the conclusion of an appeal hearing. Any
					 such offer may not be accepted at the informal conference and no offer shall be
					 submitted after the conclusion of the appeal hearing. The board may waive any
					 provision of this section for good cause shown.
Statutory Authority: §§
												4.1-103
						and
						4.1-111 of
						the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-170 - Record

Current through Register Vol. 40, No. 24, July 15, 2024
A. The certified
				  transcript of testimony, argument and exhibits, together with all papers and
				  requests filed in the proceeding, shall constitute the exclusive record of the
				  initial decision.
B. Upon due
				  application made to the chief hearing officer, copies of the record of a
				  hearing shall be made available to parties entitled thereto at a fee
				  established by the board.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-180 - Rehearings

Current through Register Vol. 40, No. 24, July 15, 2024
A rehearing before a hearing officer shall not be held in
					 any matter unless it be affirmatively shown that relevant and material
					 evidence, which ought to produce an opposite result on rehearing, is available,
					 is not merely cumulative, corroborative or collateral, and could not have been
					 discovered before the original hearing by the use of ordinary diligence;
					 provided, that the board, in its discretion, may cause a rehearing to be held
					 before a hearing officer in the absence of the foregoing conditions, as
					 provided in
					 3VAC5-10-290.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-190 - Self-incrimination

Current through Register Vol. 40, No. 24, July 15, 2024
If any witness subpoenaed to appear on behalf of the board
					 shall testify in a hearing before a hearing officer on complaints against a
					 licensee as to any violation in which the witness, as a licensee or an
					 applicant, has participated, such testimony shall not be used against him nor
					 shall the board take any administrative action against him for the offense to
					 which he testifies.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-200 - Subpoenas

Current through Register Vol. 40, No. 24, July 15, 2024
Upon request of any interested party, the chief hearing
					 officer, or a hearing officer is authorized to issue subpoenas requiring the
					 attendance of witnesses and the production of records, memoranda, papers and
					 other documents at a hearing before a hearing officer.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-210 - Witnesses

Current through Register Vol. 40, No. 24, July 15, 2024
A. Interested
				  parties shall arrange to have their witnesses present at the time and place
				  designated for the hearing.
B. Upon
				  request of any party entitled to cross-examine witnesses, as set forth in
				  3VAC5-10-90 B, the hearing officer
				  may separate the witnesses, including agents of the board.
C. A person subpoenaed as a witness to appear
				  on behalf of the board shall be entitled to the same allowance for expenses as
				  witnesses for the Commonwealth in criminal cases.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-220 - Pre-hearing conferences

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  pre-hearing conference will be conducted when an applicant for a license or a
				  licensee who is the subject of a disciplinary proceeding does not waive its
				  right to such a conference. A waiver may be verbal or in writing. Unless the
				  parties are advised otherwise, the agency will automatically waive the
				  pre-hearing conference when the applicant or licensee does so. When the
				  applicant or licensee is offered a pre-hearing conference and fails to respond
				  within 10 calendar days after the date of such offer, the pre-hearing
				  conference will be deemed to be waived.
B. The pre-hearing conference will serve as a
				  vehicle to acquaint the interested party, in a general way, with the nature of
				  the charges or objections, the evidence in support thereof and to hear any
				  matters relevant thereto presented by the interested parties and to explore
				  whether (i) administrative proceedings or objections should be terminated or
				  (ii) the case should proceed to formal hearing and stipulations can be reached.
				  The conference will be open to the public, but participation will be limited to
				  the interested parties, their attorneys-at-law or other qualified
				  representatives, and designated board representatives. The pre-hearing
				  conference may be held virtually or telephonically, and at least five days
				  prior to the formal hearing. The conference may be held, when practical, at the
				  county or city in which the establishment of the applicant or licensee is
				  located. Reasonable notice of administrative charges or objections and the
				  date, time, and place of the conference shall be given to the participants. The
				  failure of the applicant or licensee to appear at a scheduled conference will
				  be deemed a waiver of the pre-hearing conference. The pre-hearing conference
				  will not be recorded. Sworn testimony will not be taken, nor will subpoenas be
				  issued. Any initial decision will include a summary of the pre-hearing
				  conference.
Statutory Authority: §§ 4.1-103 and 4.1-111 of
						the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part I - Hearings Before Hearing Officers › Section 3VAC5-10-230 - Agency representation

Current through Register Vol. 40, No. 24, July 15, 2024
The Director, Bureau of Law Enforcement Operations or his
					 designee may (i) represent the Bureau of Law Enforcement Operations before the
					 board or any hearing officer; (ii) petition the board for modification of the
					 hearing officer's decision; or (iii) request a ruling on other motions as may
					 be necessary. This authority does not extend to complaints under the Franchise
					 Acts.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part II - Hearings Before the Board › Section 3VAC5-10-240 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
A. An interested
				  party may appeal to the board an adverse initial decision, including the
				  findings of fact and the conclusions, of a hearing officer or a proposed
				  decision, or any portion thereof, of the board provided a request therefor in
				  writing identifying any alleged errors in the decision is received within 30
				  days after the date of mailing of the initial decision or the proposed
				  decision, whichever is later.
B. At
				  his option, an interested party may submit written exceptions to the initial or
				  proposed decision within the 30-day period and waive further hearing
				  proceedings.
C. If an interested
				  party fails to appear at a hearing, the board may proceed in his absence and
				  render a decision.
Statutory Authority: §§
												4.1-103
						and
						4.1-111 of
						the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part II - Hearings Before the Board › Section 3VAC5-10-250 - Attorneys; representation

Current through Register Vol. 40, No. 24, July 15, 2024
Any individual, partnership, association or corporation
					 who is a licensee or applicant for any license or any interested party shall
					 have the right to be represented by counsel at any board hearing for which he
					 has received notice. The licensee, applicant or interested party shall not be
					 required to be represented by counsel during such hearing. Any officer or
					 director of a corporation may examine, cross-examine and question witnesses,
					 present evidence on behalf of the corporation, draw conclusions and make
					 arguments before the board.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part II - Hearings Before the Board › Section 3VAC5-10-260 - Communications

Current through Register Vol. 40, No. 24, July 15, 2024
Communications regarding appeal hearings upon licenses and
					 applications for licenses should be addressed to the secretary to the
					 board.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part II - Hearings Before the Board › Section 3VAC5-10-270 - Continuances

Current through Register Vol. 40, No. 24, July 15, 2024
Continuances will be granted as in actions at law.
					 Requests for continuances of appeal hearings should be addressed to the
					 secretary to the board.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part II - Hearings Before the Board › Section 3VAC5-10-280 - Decision of the board

Current through Register Vol. 40, No. 24, July 15, 2024
The final decision of the board, together with any written
					 opinion, should be transmitted to each interested party or to his
					 representative.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part II - Hearings Before the Board › Section 3VAC5-10-290 - Evidence

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally.
				  Subject to the exceptions permitted in this section, and to any stipulations
				  agreed to by all interested parties, all evidence should be introduced at
				  hearings before hearing officers.
B. Additional evidence. Should the appeal
				  panel determine at an appeal hearing, either upon motion or otherwise, that it
				  is necessary or desirable that additional evidence be taken, the appeal panel
				  may:
1. Direct that a hearing officer fix a
				  time and place for the taking of such evidence within the limits prescribed by
				  the board and in accordance with
				  3VAC5-10-180;
				  and
2. Upon unanimous consent of
				  the appeal panel, permit the introduction of after-discovered or new evidence
				  at the appeal hearing.
If the initial decision indicates that the qualifications
					 of the establishment of an applicant or licensee are such as to cast
					 substantial doubt upon the eligibility of the place for a license, evidence may
					 be received at the appeal hearing limited to the issue involved and to the
					 period of time subsequent to the date of the hearing before the hearing
					 officer.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part II - Hearings Before the Board › Section 3VAC5-10-300 - Hearings

Current through Register Vol. 40, No. 24, July 15, 2024
Hearings before the board in the absence of notice to the
					 contrary will be held in the office of the board, Virginia A.B.C. Building,
					 7450 Freight Way, Mechanicsville, Virginia 23116.
Statutory Authority: §§
												4.1-103
						and
						4.1-111
						of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part II - Hearings Before the Board › Section 3VAC5-10-310 - Motions or requests

Current through Register Vol. 40, No. 24, July 15, 2024
Motions or requests for rulings, made after a hearing
					 before a hearing officer and prior to an appeal hearing before the board, shall
					 be in writing, addressed to the secretary to the board, and shall state with
					 reasonable certainty the grounds therefor. Argument upon such motions or
					 requests will not be heard without special leave granted by the
					 board.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part II - Hearings Before the Board › Section 3VAC5-10-320 - Notice of hearing

Current through Register Vol. 40, No. 24, July 15, 2024
Reasonable notice of the time and place of an appeal
					 hearing shall be given to each interested party who appeared at the initial
					 hearing or his representative.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part II - Hearings Before the Board › Section 3VAC5-10-330 - Record

Current through Register Vol. 40, No. 24, July 15, 2024
A. The record of
				  the hearing before the hearing officer, including the initial decision, and the
				  transcript of testimony, argument and exhibits together with all papers and
				  requests filed in the proceeding before the board, shall constitute the
				  exclusive record for the final decision of the board.
B. Upon due application made to the secretary
				  to the board, copies of the record, including the decision of the board and any
				  opinion setting forth the reasons for the decision shall be made available to
				  parties entitled thereto at a rate established by the board.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part II - Hearings Before the Board › Section 3VAC5-10-340 - Rehearings and reconsideration

Current through Register Vol. 40, No. 24, July 15, 2024
The board may, in its discretion for good cause shown,
					 grant a rehearing or reconsideration on written petition of an interested party
					 addressed to the Secretary to the Board and received within 30 days after the
					 date of the final decision of the board. The petition shall contain a full and
					 clear statement of the facts pertaining to the grievance, the grounds in
					 support thereof, and a statement of the relief desired. The board may grant
					 such at any time on its own initiative for good cause shown.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part II - Hearings Before the Board › Section 3VAC5-10-350 - Scope of hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Except as provided in
				  3VAC5-10-290, the appeal hearing
				  shall be limited to the record made before the hearing officer.
B. The provisions of Part I of this chapter
				  shall be applicable to proceedings held under this part except to the extent
				  such provisions are inconsistent herewith.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part III - Wine and Beer Franchise Acts › Section 3VAC5-10-360 - Complaints

Current through Register Vol. 40, No. 24, July 15, 2024
Complaints shall be referred in writing to the secretary to
					 the board.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part III - Wine and Beer Franchise Acts › Section 3VAC5-10-370 - Hearings

Current through Register Vol. 40, No. 24, July 15, 2024
Hearings will be conducted in accordance with the
					 provisions of Part I of this chapter (3VAC5-10-10 et seq.). Further, the
					 board and the hearing officers designated by it may require an accounting to be
					 submitted by each party in determining an award of costs and attorneys'
					 fees.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part III - Wine and Beer Franchise Acts › Section 3VAC5-10-380 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
The decision of the hearing officer may be appealed to the
					 board as provided in
					 3VAC5-10-240. Appeals shall be
					 conducted in accordance with the provisions of Part II of this chapter
					 (3VAC5-10-240 et
					 seq.).
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part III - Wine and Beer Franchise Acts › Section 3VAC5-10-390 - Hearings on notification of price increases

Current through Register Vol. 40, No. 24, July 15, 2024
Upon receipt from a winery, brewery or wine or beer
					 importer of a request for notice of a price increase less than 30 days in
					 advance, a hearing will be scheduled before the board, not a hearing officer,
					 as soon as practicable with five days notice to all parties which include at a
					 minimum all the wholesalers selling the winery or brewery's product. There will
					 be no continuances granted and the board must rule within 24 hours of the
					 hearing.
Statutory Authority
§§ 4.1-103, 4.1-108, 4.1-109, 4.1-111,
						4.1-319, 4.1-350, 4.1-400 et seq., 4.1-500 et seq., and 9-6.14:1 et seq. of the
						Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part III - Wine and Beer Franchise Acts › Section 3VAC5-10-400 - Discovery, prehearing procedures and production at hearings; definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The Rules of the Supreme Court of Virginia Parts One, One
					 A, Two, Two A, Three, and Four shall apply in all proceedings under the Wine
					 and Beer Franchise Acts, Chapters 4 (§
										4.1-400
					 et seq.) and 5 (§
										4.1-500 et seq.) of
					 Title 4.1 of the Code of Virginia, including mediation and arbitration
					 proceedings when necessary pursuant to §§
										4.1-409 and
					 4.1-508 of the Code of
					 Virginia. Any references to a "court" contained in the rules shall be deemed to
					 mean the hearing officer or officers of the board conducting the
					 proceeding.
No provision of this section shall affect the practice of
					 taking evidence at a hearing, but such practice, including that of generally
					 taking evidence ore tenus only at hearings before hearing officers, shall
					 continue unaffected hereby.
Statutory Authority: §§
												4.1-103
						and
						4.1-111 of
						the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part IV - Telephone Hearings › Section 3VAC5-10-410 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
The board and its hearing officers may conduct hearings by
					 telephone only when the applicant/licensee expressly waives the in-person
					 hearing. The board will determine whether or not certain hearings might
					 practically be conducted by telephone. The provisions of Part I (3VAC5-10-10 et seq.) shall apply
					 only to Part IV (3VAC5-10-410 et seq.) where
					 applicable.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part IV - Telephone Hearings › Section 3VAC5-10-420 - Appearance

Current through Register Vol. 40, No. 24, July 15, 2024
The interested parties will be expected to be available by
					 telephone at the time set for the hearing and may produce, under oath, evidence
					 relevant and material to the matters in issue. The board will arrange for
					 telephone conference calls at its expense.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part IV - Telephone Hearings › Section 3VAC5-10-430 - Argument

Current through Register Vol. 40, No. 24, July 15, 2024
Oral or written argument may be submitted to and limited
					 by the hearing officer. Oral argument is to be included in the stenographic
					 report of the hearing. Written argument, if any, must be submitted to the
					 hearing officer and other interested parties in advance of the
					 hearing.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part IV - Telephone Hearings › Section 3VAC5-10-440 - Documentary evidence

Current through Register Vol. 40, No. 24, July 15, 2024
Documentary evidence, which an interested party desires to
					 be considered by the hearing officer, must be submitted to the hearing officer
					 and other interested parties in advance of the hearing.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part IV - Telephone Hearings › Section 3VAC5-10-450 - Hearings

Current through Register Vol. 40, No. 24, July 15, 2024
A. Telephone
				  hearings will usually originate from the central office of the board in
				  Richmond, Virginia, but may originate from other locations. Interested parties
				  may participate from the location of their choice where a telephone is
				  available. If an interested party is not available by telephone at the time set
				  for the hearing, the hearing may be conducted in his absence.
B. If at any time during a telephone hearing
				  the hearing officer determines that the issues are so complex that a fair and
				  impartial hearing cannot be accomplished, the hearing officer shall adjourn the
				  telephone hearing and reconvene an in-person hearing as soon as
				  practicable.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part IV - Telephone Hearings › Section 3VAC5-10-460 - Notice of hearing

Current through Register Vol. 40, No. 24, July 15, 2024
Interested parties shall be afforded reasonable notice of
					 a pending hearing. The notice shall state the time, issues involved, and the
					 telephone number where the applicant/licensee can be reached.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part IV - Telephone Hearings › Section 3VAC5-10-470 - Witnesses

Current through Register Vol. 40, No. 24, July 15, 2024
Interested parties shall arrange to have their witnesses
					 present at the time designated for the telephone hearing, or should supply a
					 telephone number where the witnesses can be reached, if different from that of
					 the interested party.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part IV - Telephone Hearings › Section 3VAC5-10-480 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 10 - PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS › Part IV - Telephone Hearings › Section - DOCUMENTS INCORPORATED BY REFERENCE (3VAC5-10)

Current through Register Vol. 40, No. 24, July 15, 2024
Rules
					 of the Supreme Court of Virginia, Part One: General Rules Applicable to All
					 Proceedings
Rules
					 of the Supreme Court of Virginia, Part One A: Foreign Attorneys
Rules
					 of the Supreme Court of Virginia, Part Two: Virginia Rules of
					 Evidence
Rules
					 of the Supreme Court of Virginia, Part Two A: Appeals Pursuant to the
					 Administrative Process Act
Rules
					 of the Supreme Court of Virginia, Part Three: Practice and Procedures in Civil
					 Actions
Rules
					 of the Supreme Court of Virginia, Part Four: Pretrial Procedures, Depositions,
					 and Production at Trial
Statutory Authority: §§
												4.1-103
						and
						4.1-111 of
						the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 3VAC5-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Alcoholic Beverage Control Board. This chapter does not apply to regulations,
					 guidelines, or other documents exempted or excluded from the provisions of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code
						of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 3VAC5-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency
				  shall maintain a list of persons who have requested to be notified of
				  regulatory actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code
						of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 3VAC5-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons electing to receive electronic
				  notification or notification through a postal carrier as described in
				  3VAC5-11-30, the agency shall send
				  the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 3VAC5-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to submit data, views, and arguments,
				  either orally or in writing, to the agency. Such opportunity to comment shall
				  include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.