Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-170 - Record of proceedings, proposed findings and conclusions from formal hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				verbatim record of the hearing shall be made by a court reporter. The executive
				secretary or his designee shall act as custodian of the record, which shall
				include the transcript along with all written testimony, arguments, exhibits,
				reports, studies, and documents or written material of any kind submitted by
				the staff or the parties and admitted under
				9VAC25-230-150 and
				9VAC25-230-160, and offers of proof
				placed in the record under
				9VAC25-230-160 C. A copy of the
				record shall be maintained for public inspection at the board's headquarters in
				Richmond. Where a subordinate hearing officer presides over the hearing, he
				shall promptly certify the original record as the true and official transcript
				of the proceedings, including a statement that the evidence contained in it and
				the exhibits to it appended represent all of the testimony offered and received
				into evidence at the hearing.
B.
				When the hearing is before the board, parties to the hearing may submit
				proposed findings of fact, conclusions of law and a statement of reasons
				therefore to the board. Such proposed findings shall be in writing, shall cite
				relevant authority, and shall be submitted prior to or at the hearing unless
				the board specifically allows submission after the hearing.
C. When the hearing is not before the full
				board, parties to the hearing may present oral arguments to the hearing officer
				and may submit proposed findings of fact, conclusions of law and a statement of
				reasons therefore to the executive secretary. Such proposed findings,
				conclusions and statement shall be in writing, shall cite relevant authority,
				and shall be submitted at a time prescribed by the hearing officer, which shall
				not be later than ten days after the hearing unless otherwise authorized by the
				hearing officer. The hearing officer shall consider the proposed findings,
				conclusions and statements timely submitted by the parties. He shall prepare
				his own recommended findings and decision and, promptly after the close of the
				hearing, transmit them to the board along wit the hearing record. At the time
				of transmittal of the record, the hearing officer shall mail, by electronic or
				postal delivery, copies of his recommended findings and decision to the
				parties. The board will receive and act upon exceptions to those recommended
				findings and conclusions for 21 days after their mailing, by electronic or
				postal delivery, to the parties. The proposed findings and conclusions
				submitted by any party are advisory only, and shall not be binding on the
				hearing officer or the board. But they shall be included in the hearing record
				and the board and the hearing officer shall be required to consider them in
				making any decision under this.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.