reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 10 - REGULATIONS GOVERNING DISCLOSURE OF CID (CIVIL INVESTIGATIVE DEMAND) › Section 1VAC45-10-70 - Restrictions on use

Current through Register Vol. 40, No. 24, July 15, 2024
The law-enforcement authority and its custodian in receipt of
				  material shall strictly maintain the confidentiality of the material. The
				  law-enforcement authority shall use material provided pursuant to this chapter
				  to conduct an investigation into violations of the Virginia Antitrust Act, the
				  Virginia Consumer Protection Act, the Virginia Telephone Privacy Protection Act
				  , the Bad Faith Assertions of Patent Infringement law, or the Solicitation of
				  Contributions law or to conduct any litigation related to such violations.
				  Nothing in this section shall preclude the use of the materials provided by
				  this chapter before a court of law except as may otherwise be precluded by
				  law.
Statutory Authority: §
											59.1-9.10
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 10 - REGULATIONS GOVERNING DISCLOSURE OF CID (CIVIL INVESTIGATIVE DEMAND) › Section 1VAC45-10-80 - Restrictions on disclosure

Current through Register Vol. 40, No. 24, July 15, 2024
The law-enforcement authority and its custodian in receipt of
				  materials shall not release material provided pursuant to this chapter, either
				  directly or indirectly, to any person not employed by or assigned to the
				  law-enforcement authority for purposes of enforcement of the Virginia Antitrust
				  Act, the Virginia Consumer Protection Act, the Virginia Telephone Privacy Act,
				  the Bad Faith Assertions of Patent Infringement law, or the Solicitation of
				  Contributions law, nor to any other law-enforcement
				  authority.
Statutory Authority: §
											59.1-9.10
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 10 - REGULATIONS GOVERNING DISCLOSURE OF CID (CIVIL INVESTIGATIVE DEMAND) › Section 1VAC45-10-90 - Future regulations

Current through Register Vol. 40, No. 24, July 15, 2024
The law-enforcement authority and its custodian in receipt
				  of materials shall be bound to abide by any further regulations promulgated by
				  the Attorney General pertaining to the safekeeping and custody of such
				  material.
Statutory Authority: § 59.1-9.10 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 10 - REGULATIONS GOVERNING DISCLOSURE OF CID (CIVIL INVESTIGATIVE DEMAND) › Section 1VAC45-10-100 - Penalties

Current through Register Vol. 40, No. 24, July 15, 2024
Any law-enforcement authority found to have used material
				  provided by the Attorney General in a manner inconsistent with this chapter
				  shall be required to immediately return all material provided, as well as
				  copies thereof, and information derived therefrom. The Attorney General may
				  also suspend for a definite period the law-enforcement authority from receiving
				  additional material pursuant to this chapter.
Statutory Authority: § 59.1-9.10 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-10 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to supplement the Virginia
				  Human Rights Act (§
									2.2-3900 et seq.) of the Code of
				  Virginia, which safeguards all individuals within the Commonwealth from
				  unlawful discrimination.
Statutory Authority: §
											2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Act" means the Virginia Human Rights Act, Chapter 39 (§
									2.2-3900
				  et seq.) of Title 2.2 of the Code of Virginia.
"Charge of discrimination" or "charge" means a complaint
				  that has been perfected by the division and served on the parties to provide
				  notice that the division has accepted and will investigate a complaint.
"Complaint" means a written statement by a person or by the
				  division alleging an act of discrimination prohibited by Act.
"Complainant" or "charging party" means a person who claims
				  to have been injured by a discriminatory practice.
"Designee" means an individual designated by the director to
				  act in his stead pursuant to this chapter.
"Determination" means the final written report detailing the
				  division's findings of fact and analysis of whether or not there is reasonable
				  cause to believe the Act was violated.
"Director" means an individual designated by the Attorney
				  General to oversee the division and perform the duties and responsibilities
				  outlined in the Act.
"Discharge" means an actual or constructive termination or
				  separation of an employee from employment.
"Division" means the Division of Human Rights of the
				  Department of Law.
"Hearing officer" means a person qualified from the list of
				  hearing officers maintained by the Executive Secretary of the Supreme Court of
				  Virginia.
"Person" means, consistent with §
									1-230 of the Code of
				  Virginia, any individual, corporation, partnership, association, cooperative,
				  limited liability company, trust, joint venture, government, political
				  subdivision, or any other legal or commercial entity and any successor,
				  representative, agent, agency, or instrumentality thereof.
"Respondent" means a person against whom a complaint of
				  violation of the Act is filed. In addition, those terms and any other referring
				  to people will be considered masculine or feminine.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-25 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the division
				fails to act by dates specified in this chapter, neither the rights of the
				complainant nor the respondent shall be prejudiced.
B. If the complainant or the respondent fails
				to comply with the provisions stated in this chapter, except where good cause
				is shown, the failure may be deemed a waiver of any rights provided in this
				chapter.
C. After the initial
				filing, all correspondence relative to the case shall be by certified mail,
				electronic communications, hand delivered, or by a carrier that will furnish a
				receipt or proof of delivery.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-30 - Complaints by or on behalf of persons claiming to be aggrieved

Current through Register Vol. 40, No. 24, July 15, 2024
A. The division
				shall receive information concerning alleged violations of the Act from any
				person. Where the information discloses that a person is entitled to file a
				complaint with the division, the division shall render assistance in the filing
				and perfecting of a complaint.
B. A
				complaint on behalf of a person claiming to be aggrieved may be made by any
				person, agency, or organization; however, the complaint shall be made in
				writing and shall be verified. The written complaint need not identify by name
				the person on whose behalf it is made. The person making the complaint,
				however, shall provide the division orally with the name, address, and
				telephone number of the person on whose behalf the complaint is made. During
				the division's investigation, the director shall verify the complaint with the
				person on whose behalf the complaint is made. The division may reveal the
				identity of complainants to federal, state, or local agencies that have agreed
				to keep such information confidential.
C. The complainant shall provide the division
				with notice of any change in address and with notice of any prolonged absence
				from his current address.
D. A
				complaint shall be filed with the division not later than 180 days from the day
				upon which the alleged discriminatory practice occurred.
E. A complaint alleging a violation of
				federal statutes governing discrimination in employment that also falls under
				the jurisdiction of the Act shall be filed with the division not later than 300
				days from the day upon which the alleged discriminatory practice
				occurred.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-40 - Where to make a complaint

Current through Register Vol. 40, No. 24, July 15, 2024
A complaint may be filed in person at or by mail to 202 North
				  9th Street, Richmond, VA 23219 between the hours of 9 a.m. and 5 p.m., Monday
				  through Friday; by FAX to (804) 225-3294; or by email to
				  human_rights@oag.state.va.us. Telephone calls may be made to (804) 225-2292 in
				  order to receive information on how and where to file complaints. Complaints
				  shall not be accepted over the telephone.
Statutory Authority: §
											2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-50 - Contents of complaint

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				complaint shall contain the following:
1. The
				full name, address, and telephone number of the person making the complaint;
2. The full name and address of
				the person against whom the complaint is made;
3. A clear concise statement of the facts,
				including pertinent dates, constituting the alleged unlawful discriminatory
				practices;
4. The date of filing
				and the name of the agency in cases where complaints alleging unlawful
				discriminatory practices have been filed before a local, state, or federal
				agency charged with the enforcement of discrimination laws; and
5. Any documentation the complainant believes
				will support the claim.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-55 - Cooperative agreements with federal agencies or local commissions

Current through Register Vol. 40, No. 24, July 15, 2024
The division may enter into cooperative agreements with the
				  U.S. Equal Employment Opportunity Commission (EEOC) or other federal agencies
				  or local commissions to carry out the purposes of the Act. Under such
				  cooperative agreements, the division may dual file cases and exchange
				  information with the EEOC or other federal agencies or local commissions under
				  such agreements. For complaints that also fall under the jurisdiction of
				  federal laws and regulations, the division will recognize the provisions of
				  such laws and regulations to the extent permitted under the laws of
				  Virginia.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-60 - Filing referrals to state and federal agencies

Current through Register Vol. 40, No. 24, July 15, 2024
A. Complaints that are under the jurisdiction
				of another state agency are considered filed with that agency when received by
				the division provided the time limit for filing with the other agency has not
				expired.
B. The division may
				establish interagency agreements with other state agencies for purposes of
				carrying out its referral functions.
C. If the director or the director's designee
				determines that the complaint is not within the division's jurisdiction, but
				possibly in the jurisdiction of another state or federal agency, the complaint
				shall be promptly sent to the appropriate agency after such determination. The
				complainant shall be notified of this action and provided with a reason for the
				referral. Once the complaint has been referred to the appropriate agency and
				the complainant has received notification of the referral, the division shall
				close the case. In the event the complaint is not under the jurisdiction of the
				agency to which it was referred, or if additional evidence is submitted, the
				division may reopen the complaint.
D. Persons filing under Title VII of the
				Civil Rights Act of 1964, as amended, or the Fair Labor Standards Act shall be
				promptly notified that they should also file with the appropriate federal
				agency within the appropriate time period if the statute of limitations has not
				already expired.
E. The division
				shall time-stamp and date all complaints upon receipt.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-70 - Notice of charge of discrimination

Current through Register Vol. 40, No. 24, July 15, 2024
Within 15 days after the perfecting of a complaint, the
				  director shall issue a notice of the charge of discrimination to the respondent
				  by a delivery service with proof of receipt.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-75 - Withdrawal of a complaint by a complainant

Current through Register Vol. 40, No. 24, July 15, 2024
A. A complaint filed by or on behalf of a
				person claiming to be aggrieved by a violation of the Act may be withdrawn only
				by the person claiming to be aggrieved and only with consent of the division.
				The director or the director's designee may grant consent to a request to
				withdraw a complaint, other than a complaint initiated by the division, where
				the withdrawal of the complaint will not defeat the purposes of the Act.
B. A request for the withdrawal of
				a complaint shall be made in writing and signed by the person claiming to be
				aggrieved by the alleged unlawful discriminatory employment practice. The
				director or the director's designee shall likewise sign and date the request
				for withdrawal upon granting consent.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-80 - Investigations by the director or the director's designee

Current through Register Vol. 40, No. 24, July 15, 2024
A. During the investigation of a complaint,
				the director may utilize the information gathered by other government agencies.
				The director shall accept a statement of position or evidence submitted by the
				complainant, the person making the complaint on behalf of complainant, any
				witnesses identified by the parties, or the respondent. The director may submit
				a request for a position statement to the respondent that, in addition to
				specific questions, may request a response to the allegations contained in the
				complaint.
B. The request for
				information by the director or the director's designee shall be mailed within
				30 business days of receipt of the charge of discrimination. A response to the
				request for information shall be submitted within 21 business days from the
				date the request is postmarked.
C.
				The complainant and respondent shall provide such additional information deemed
				necessary by the director or his designee to conduct an
				investigation.
D. The authority of
				the director or the director's designee to investigate a complaint is not
				limited to the procedures outlined in subsections A, B, and C of this
				section.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-82 - Witnesses

Current through Register Vol. 40, No. 24, July 15, 2024
The division may contact and interview any witnesses
				  identified by the parties as part of its investigation of the allegations set
				  forth in a charge of discrimination. The identity and any information that may
				  reveal the identity of a witness shall remain confidential throughout the
				  division's investigation and in documents that may be available to the parties
				  or to the public once the division's investigation is
				  concluded.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-83 - Requests for documents

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				division is authorized to collect documents relevant to and in furtherance of
				its investigation of the allegations set forth in a charge of
				discrimination.
B. If a person
				receiving a request for documents from the division does not voluntarily
				produce the requested documents, the division may issue a subpoena for the
				production of the documents in accordance with the Act and this
				chapter.
C. Any information in a
				document that may reveal the identity of a witness shall remain confidential
				throughout the division's investigation and will be removed or redacted from
				any documents that may be available to the parties or public once the
				division's investigation is concluded.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-84 - Fact-finding conference

Current through Register Vol. 40, No. 24, July 15, 2024
The director may require a fact-finding conference held in
				  accordance with §
									2.2-4019
				  of the Code of Virginia with the parties prior to issuing a determination
				  regarding a charge of discrimination. The fact-finding conference is an
				  investigative forum intended to define the issues, to determine the elements in
				  dispute, and to ascertain whether there is a basis for a negotiated settlement
				  of the complaint.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-85 - Withdrawal of a charge

Current through Register Vol. 40, No. 24, July 15, 2024
A. A person
				claiming to be aggrieved by a violation of the Act may withdraw a charge of
				discrimination only with the consent of the division. The director or the
				director's designee may grant consent to a request to withdraw a charge of
				discrimination, other than a charge of discrimination initiated by the
				division, where the withdrawal of the charge of discrimination will not defeat
				the purposes of the Act.
B. A
				request for the withdrawal of a charge of discrimination shall be made in
				writing and shall be signed by the person claiming to be aggrieved by the
				alleged unlawful discriminatory employment practice. The director or the
				director's designee shall likewise sign and date the request for withdrawal of
				the charge of discrimination upon granting their consent.
C. If the request for a withdrawal of the
				charges of discrimination includes a request for the division to issue a notice
				of right to sue, the division will issue such notice in accordance with the
				provisions of 1VAC45-20-87.
D. Upon
				the granting of the aggrieved person's request to withdraw that person's charge
				of discrimination, the division will cease its investigation and dismiss the
				charge of discrimination.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-86 - Negotiated settlement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to
				the issuance of a final determination, the division may encourage the parties
				to settle the charge of discrimination through mediation on terms that are
				mutually agreeable. The director or the director's designee shall have the
				authority to sign any settlement agreement that is agreeable to the
				parties.
B. When the division
				agrees in any negotiated settlement not to further process the related charge
				of discrimination, the division's agreement shall be in consideration for the
				promises made by the other parties to the agreement. Such an agreement shall
				not affect the processing of any other charge in which the allegations are like
				or related to the individual allegations settled.
C. The division may also, prior to the
				issuance of a final determination, facilitate a settlement between a
				complainant and a respondent by permitting the withdrawal of a charge of
				discrimination in accordance with 1VAC45-20-85.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-87 - Issuance of notice of right to sue during investigation

Current through Register Vol. 40, No. 24, July 15, 2024
A. If a complainant submits a request that
				the division issue a notice of right to sue prior to the completion of its
				investigation in accordance with the provisions of §
									2.2-3907H
				of the Code of Virginia, the division will promptly issue a notice of right to
				sue in accordance with 1VAC45-20-98 upon receipt of such request.
B. A request for the issuance of a notice of
				right to sue made in accordance with §
									2.2-3907H
				of the Code of Virginia must be in writing and signed by the complainant and
				specify that such request is made because either (i) 180 days have passed from
				the date the complaint was filed or (ii) the division will be unable to
				complete its investigation within 180 days from the date the complaint was
				filed.
C. Upon issuing the
				requested notice for right to sue to the complainant, the division will cease
				its investigation and dismiss the matter.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-90 - Dismissal; procedure and authority

Current through Register Vol. 40, No. 24, July 15, 2024
When the director determines that the complaint or charge (i)
				  is not timely filed or (ii) fails to state a claim under the Act, the director
				  shall dismiss the complaint and provide prompt written notice of the dismissal
				  to the parties by a delivery service with proof of receipt.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-92 - No reasonable cause determinations; procedure and authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. When the
				director determines after investigation that there is not reasonable cause to
				believe that the Act has been violated, the director shall dismiss the
				complaint and issue the complainant a notice of right to sue. If the matter
				falls under the jurisdiction of a federal law, the director shall then
				immediately refer the matter to the appropriate federal agency for further
				processing.
B. The division will
				provide the parties a copy of its written no cause determination by a delivery
				service with proof of receipt.
C.
				The division may, on its own initiative, reconsider a final determination of no
				cause within 10 business days from the date of the no cause determination was
				issued. If the division decides to reconsider a no cause determination, it
				shall promptly issue a notice of intent to reconsider to all parties to the
				charge. Such notice of intent to reconsider shall vacate the no cause
				determination and shall revoke the complainant's notice of right to sue. After
				reconsideration, the division shall issue a new final determination and shall,
				if appropriate, include a new notice of right to sue under which the 90-day
				period begins upon the date the new determination was issued.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-94 - Reasonable cause determination; procedure and authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. When the director determines after
				investigation that there is reasonable cause to believe that the Act has been
				violated, the director shall issue a final determination to the parties stating
				that based on and limited to the evidence obtained by the division, reasonable
				cause existed to believe that an unlawful discriminatory employment practice
				has occurred.
B. The division will
				immediately offer the parties an opportunity to settle the matter in accordance
				with 1VAC45-20-96. If the parties are unable to conciliate this matter in a
				timely fashion, the director shall promptly dismiss the matter, notify the
				parties of the dismissal in writing by a delivery service that verifies
				receipt, and issue a notice of right to sue to the charging party.
C. The division may, on its own initiative,
				reconsider a final determination of reasonable cause within 10 business days
				from the date the reasonable cause determination was issued. If the division
				decides to reconsider a reasonable cause determination, it shall promptly issue
				a notice of intent to reconsider to all parties to the charge. Such notice of
				intent to reconsider shall vacate the reasonable cause determination and shall
				revoke the charging party's notice of right to sue. After reconsideration, the
				division shall issue a new determination and shall, if appropriate, include a
				new notice of right to sue under which the 90-day period begins upon the date
				the new determination was issued.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-96 - Conciliation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Where the
				division determines there is reasonable cause to believe that the Act has been
				violated, the division shall endeavor to eliminate such practice by informal
				methods of conference, mediation, conciliation, and negotiation. In such
				instances, the division shall attempt to achieve a just resolution of all
				alleged violations found and to obtain agreement that the respondent will
				eliminate the unlawful discriminatory practice and provide appropriate
				affirmative relief.
B. When such
				conciliation efforts are successful, the terms of the agreement shall be
				reduced to writing and promptly signed by the complainant, respondent, and the
				director or the director's designee. A copy of the conciliation agreement shall
				be sent to the aggrieved person and the respondent. Where a charge was filed on
				behalf of an aggrieved person, the conciliation agreement may be signed by the
				person who filed the charge or by the aggrieved person.
C. Proof of compliance with the terms of the
				agreement shall be obtained by the division before the case is closed. In an
				instance in which an aggrieved person or a member of the class claimed to be
				aggrieved by the unlawful discriminatory practice is not a party to such
				agreement, the agreement shall not extinguish or in any way prejudice the
				rights of such person to proceed with a civil action under the Act.
D. Where such conciliation efforts are not
				successful or the division determines that further conciliation efforts would
				be futile or unproductive, the division will so notify the parties in writing,
				cease conciliation efforts, dismiss the matter, and issue the charging party a
				notice of right to sue in accordance with 1VAC45-20-98.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-98 - Notice of right to sue

Current through Register Vol. 40, No. 24, July 15, 2024
A. If a
				charging party requests a notice of right to sue in accordance with §
									2.2-3907H
				of the Code of Virginia, the division will immediately cease the investigation,
				dismiss the charge of discrimination, and issue a notice of right to sue to the
				charging party. If the matter falls under the jurisdiction of a federal law,
				the division will promptly notify the appropriate federal agency of the
				charging party's request for withdrawal and issuance of a notice of right to
				sue.
B. When the division completes
				its investigation and issues its final determination, the division will issue a
				notice of right to sue to the charging party once the matter is
				dismissed.
C. The charging party
				will have 90 days from the date the division issues its notice of right to sue
				to file a civil action in the appropriate state court to enforce their rights
				under the Act.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-110 - Formal hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. When
				conciliation efforts fail or when the director determines that the conciliation
				process will not be in the best interest of the complainant or the
				Commonwealth, the director shall set the matter for formal hearing conducted in
				accordance with §
									2.2-4020
				of the Code of Virginia prior to dismissing the matter and issuing a notice of
				right to sue or refer the complaint to the appropriate federal agency for
				further processing.
B. If a matter
				is set for a formal hearing under subsection A of this section, the division
				shall mail a notice of the time and place of the hearing shall be mailed to the
				parties at least 20 business days before the date of the hearing.
C. All formal hearings shall be open to the
				public.
D. A hearing officer
				appointed by the division from a list obtained from the Supreme Court of
				Virginia shall preside over the hearing.
E. The hearing officer shall not be bound by
				statutory rules of evidence or technical rules of procedure.
F. Both the complainant and the respondent
				shall appear and be heard in person, but may be assisted by counsel or by an
				authorized representative.
G. All
				testimony shall be given under oath or affirmation.
H. The order of presentation shall be
				established by the hearing officer with the burden of proof being placed on the
				complainant.
I. Where any party
				fails to appear at a fact-finding conference or hearing conducted pursuant to
				this chapter, the division shall proceed in accordance with the provisions of §
									2.2-4020.2 of the Code of
				Virginia.
J. Irrelevant,
				immaterial, and unduly repetitious evidence shall, at the discretion of the
				hearing officer, be excluded. The rules of privilege shall be given
				effect.
K. The hearing officer may
				accept relevant documents or other evidence into the record as exhibits.
				Documents to be submitted at the hearing by a party shall be distributed to the
				division and the other party no later than five business days prior to the
				hearing. Documents not submitted in accordance with this rule shall only be
				admitted when the hearing officer determines that just cause exists.
L. Before the hearing concludes, the parties
				shall be given an opportunity to present an oral closing argument of their
				cases and proposed findings and conclusions in accordance with the provisions
				of §
									2.2-4020
				of the Code of Virginia.
M. The
				hearing shall be recorded by an official reporter and one transcript shall be
				purchased by the division. After the division has received the transcript, the
				division's copy shall be made available for review within five business days
				upon request to the division during regular business hours.
Statutory Authority: 2.2-520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 20 - REGULATIONS REGARDING THE VIRGINIA HUMAN RIGHTS ACT › Section 1VAC45-20-120 - Findings and recommendations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The hearing officer shall submit a recommended decision with findings of fact
				and conclusions of law in writing to the division. The recommended decision of
				the hearing officer shall be filed with the division within 90 days of the date
				of completion of the hearing.
B.
				If the director accepts the hearing officer's findings that the respondent has
				not engaged in a discriminatory practice, the division shall issue an order
				dismissing the complaint. A copy of the order shall be furnished to the
				complainant and the respondent.
C.
				If the division accepts the hearing officer's findings that the respondent has
				committed an unlawful discriminatory practice, the division shall state its
				findings and may issue recommendations to the respondent to eliminate the
				discriminatory practice, including:
1.
				Hiring, reinstating, promoting, or upgrading the position of the complainant,
				with or without back pay, and providing such fringe benefits as the complainant
				has been denied;
2. Restoring or
				admitting the complainant to membership in a labor organization, a training
				program, a guidance program, or other occupational training program, using the
				objective criteria for admission of persons to such programs;
3. Leasing, renting, or selling property at
				issue to the complainant;
4.
				Extending to the complainant the full and equal enjoyment of the goods,
				services, facilities, privileges, or accommodations of the
				respondent;
5. Admitting the
				complainant to a public accommodation or an educational institution;
6. Reporting as to the manner of compliance;
7. Posting notices in a
				conspicuous place setting forth requirements for compliance with this chapter
				or other information that the division deems necessary to explain the Act;
8. Revising personnel policies and
				procedures, including the undertaking of affirmative efforts; and
9. Reimbursing attorney's fees to
				complainant.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 1VAC50-11-10 - 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
					 Commission on Local Government. 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 and
						15.2-2903 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 1VAC50-11-30 - 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 and 15.2-2903 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 1VAC50-11-40 - 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
				  1VAC50-11-30, 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 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC50-11-50 - 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 (i) to submit data, views, and
				  arguments, either orally or in writing, to the agency, and (ii) be accompanied
				  by and represented by counsel or other representative. 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.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC50-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in §
										2.2-4007 of the Code of Virginia,
				  any person may petition the agency to consider a regulatory action.
B. A petition shall include the following
				  information:
1. The petitioner's name and
				  contact information;
2. The
				  substance and purpose of the rulemaking that is requested, including reference
				  to any applicable Virginia Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC50-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC50-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC50-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and a calendar
					 maintained by the Commonwealth at least seven working days prior to the date of
					 the meeting. The exception to this requirement is any meeting held in
					 accordance with §
										2.2-3707D of the
					 Code of Virginia allowing for contemporaneous notice to be provided to
					 participants and the public.
Statutory Authority: §§
												2.2-4007.02 and
						15.2-2903 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC50-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC50-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part I - Commission on Local Government › Section 1VAC50-20-1 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
The Commission on Local Government's regulations are
					 promulgated pursuant to the authority of § 15.2-2903 of the Code of Virginia
					 and are applicable to the proceedings of the Commission on Local Government.
					 When necessary to fulfill its statutory responsibilities, the commission may
					 grant, upon its own initiative, a waiver or modification of any of the
					 provisions of these regulations, except those required by law, under terms and
					 conditions and to the extent it deems appropriate.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part I - Commission on Local Government › Section 1VAC50-20-5 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Chair" means the n Chair of the Commission on Local
					 Government.
"Commission" means the Commission on Local
					 Government.
"County" means a county in the Commonwealth of
					 Virginia.
"Local government" means a county, city, or town in the
					 Commonwealth of Virginia.
"Locality" means a county, city, or town in the
					 Commonwealth of Virginia.
"Municipality" means a city or town in the Commonwealth of
					 Virginia.
"Party" means local governments, voters, or property owners
					 initiating a proposed annexation, voters of any community requesting that their
					 community be incorporated as a town, voters petitioning for the transition of a
					 city to town status, or a committee appointed by the circuit court to act for
					 and in lieu of a local government to perfect a consolidation
					 agreement.
Statutory Authority: §
												15.2-2903
						of the Code of Virginia.