Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 8VAC20-820-400 - Informal conference

Current through Register Vol. 40, No. 24, July 15, 2024
A. Section
				  2.2-4019
				  of the Code of Virginia provides the aggrieved party the right to request an
				  informal conference. In the case of administrative sanctions that include a
				  provision for an administrative hearing, the named party and the agency may
				  consent to waive such a conference to go directly to the hearing.
B. The informal conference is a fact-finding
				  process. The purpose of an informal conference is to give the aggrieved party
				  an opportunity to present information or evidence he believes indicates that
				  the intended sanction was based on factual error or on misinterpretation of
				  facts, or to determine if the dispute may be resolved by consent. The
				  department will decide if the conference will be open to the public.
C. If the aggrieved party presents exhibits
				  or other documents that contain facts previously unknown to the conference
				  chair, the conference chair may determine that the new information requires
				  verification. Upon making such a determination, the conference chair shall
				  notify the aggrieved party that the information needs to be verified. The
				  report on the informal conference shall be held open for 14 days to allow for
				  the verification of the exhibits or other documents. The conference chair has
				  the option to require the aggrieved party to provide such
				  verification.
D. If the aggrieved
				  party believes the matter can be resolved by consent, a written proposal must
				  be submitted to the department-appointed chair of the conference no later than
				  five work days prior to the conference unless different arrangements are agreed
				  upon with the chair. In no case may a proposed consent agreement be submitted
				  later than the day of the conference.
E. Following the informal conference, the
				  chair will prepare a written report and recommended decision to the department
				  that will include statutory authority or legal basis for the remaining steps in
				  the administrative appeals process; a summary of the conference; the previous
				  disposition as set out in the notice of adverse action, i.e., those issues on
				  appeal; the findings of fact; the description of evidence; and the recommended
				  decision or options. Within 90 days from the date of the informal conference,
				  or from a later date agreed to by the aggrieved party and the agency, the
				  department will issue its official decision in writing to the aggrieved party,
				  including information concerning the named party's right to continue his
				  appeal. The written report prepared by the chair will be attached to the letter
				  and will be incorporated by reference.
F. When an informal conference is conducted
				  following notification of an intent to issue a special order, the issuance of
				  the special order shall be considered a case decision as defined in §
										2.2-4001 of the Code
				  of Virginia. Service of the decision following the informal conference shall be
				  achieved by mailing the decision to the licensee, unless service is made by
				  other means and acknowledged in writing by the licensee. If the licensee wishes
				  to appeal the decision, he shall have 30 days after service of the notice to
				  make such a request. If service is accomplished by mail, three days shall be
				  added to the 30-day period. Any appeal following an informal conference related
				  to special orders shall be made to the circuit court. All other appeals shall
				  follow procedures set forth in the Administrative Process Act.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.