Virginia Administrative Code › Title 8 - EDUCATION › Agency 40 - STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA › Chapter 31 - REGULATIONS GOVERNING CERTIFICATION OF CERTAIN INSTITUTIONS TO CONFER DEGREES, DIPLOMAS AND CERTIFICATES › Part VII - Procedures for Conducting Fact-Finding Conferences and Hearings › Section 8VAC40-31-220 - Procedural rules for the conduct of fact-finding conferences and hearings (Section's 2.2-4019 through 2.2-4030 of the Code of Virginia)

Current through Register Vol. 40, No. 24, July 15, 2024
A. Fact-finding
				  conference; notification, appearance, conduct.
1. Unless emergency circumstances exist that
				  require immediate action, no order shall be issued to refuse to grant a
				  certification, to revoke or suspend a prior certification, or to add conditions
				  to any certification except upon written notice stating the basis for such
				  action and the right of the affected parties to appear at an informal
				  fact-finding conference.
2. If the
				  council determines that grounds exist to refuse to grant a certification, to
				  revoke or suspend a prior certification, or to add conditions to any
				  certification, the council shall provide written notice of its intention to
				  take the proposed action to the interested parties at the address of record .
				  The notice shall be sent by certified mail, return receipt requested, and shall
				  state the reasons for the proposed action.
3. Notification shall provide information
				  about informal fact-finding conference procedures, including the rights of
				  interested parties to (i) reasonable notice thereof; (ii) appear in person or
				  by counsel or other qualified representative before the agency or its
				  subordinates, or before a hearing officer for the informal presentation of
				  factual data, argument, or proof; (iii) have notification of any contrary fact
				  bases or information in the possession of the agency that can be relied upon in
				  making an adverse decision; (iv) receive a prompt decision; and (v) be informed
				  briefly and generally, in writing, of the factual or procedural basis for an
				  adverse decision. If no withdrawal occurs, an informal fact-finding conference
				  shall be scheduled at the earliest mutually agreeable date, but no later than
				  60 days from the date of the notification. A party wishing to waive its right
				  to a conference and proceed directly to formal hearing shall notify the council
				  at least 14 days before the scheduled conference.
4. If after consideration of information
				  presented during an informal fact-finding conference, the council determines
				  that a basis for action still exists, the interested parties shall be notified
				  in writing within 60 days of the informal fact-finding conference, via
				  certified mail, of the decision, the factual or procedural basis for the
				  decision, and the right to appeal the decision by requesting a formal hearing.
				  Parties to the conference may agree to extend the report deadline if more time
				  is needed to consider relevant information.
5. Parties may enter into a consent agreement
				  to settle the issues at any time prior to a formal hearing. If one party
				  desires to enter into a consent agreement prior to the informal fact-finding
				  conference or the formal hearing, as the case may be, then it shall give
				  reasonable notice to the other party prior to the conference or hearing. A
				  party's delay may result in denial of the proposed consent agreement.
6. Following execution of the consent
				  agreement, council staff may make frequent attempts to determine whether the
				  terms of the consent agreement are being implemented and whether its intended
				  results are being achieved.