Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-420 - 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
§§ 63.2-217, 63.2-1732, 63.2-1733 and
						63.2-1734 of the Code of Virginia.