Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-180 - Hearing types

Current through Register Vol. 40, No. 24, July 15, 2024
Hearings before the commissioner or the commissioner's
						designees shall include any of the following forms depending on the nature of
						the controversy and the interests of the parties involved.
A. Informal hearings. An informal hearing is
					 a meeting with a district or local health department with the district or local
					 health director presiding and held in conformance with § 9-6.14:11 of the
					 Code of Virginia. The district or local health department shall consider all
					 evidence presented at the meeting which is relevant to the issue in
					 controversy. Presentation of evidence, however, is entirely voluntary. The
					 district or local health department shall have no subpoena power. No verbatim
					 record need be taken at the informal hearing. The local or district health
					 director shall review the facts presented and based on those facts render a
					 decision. A written copy of the decision and the basis for the decision shall
					 be sent to the appellant within 15 work days of the hearing, unless the parties
					 mutually agree to a later date in order to allow the department to evaluate
					 additional evidence. If the decision is adverse to the interests of the
					 appellant, an aggrieved appellant may request an adjudicatory hearing pursuant
					 to 12VAC5-630-180 B below.
B. Adjudicatory hearing. The adjudicatory
					 hearing is a formal, public adjudicatory proceeding before the commissioner, or
					 a designated hearing officer, and held in conformance with § 9-6.14:12 of
					 the Code of Virginia. An adjudicatory hearing includes the following features:
1. Notice. Notice which states the time and
					 place and the issues involved in the prospective hearing shall be sent to the
					 owner or other person who is the subject of the hearing. Notice shall be sent
					 by certified mail at least 15 calendar days before the hearing is to take
					 place.
2. Record. A record of the
					 hearing shall be made by a court reporter. A copy of the transcript of the
					 hearing, if transcribed, will be provided within a reasonable time to any
					 person upon written request and payment of the cost.
3. Evidence. All interested parties may
					 attend the hearing and submit oral and documentary evidence and rebuttal
					 proofs, expert or otherwise, that are material and relevant to the issues in
					 controversy. The admissibility of evidence shall be determined in accordance
					 with § 9-6.14:12 of the Code of Virginia.
4. Counsel. All parties may be accompanied by
					 and represented by counsel and are entitled to conduct such cross examination
					 as may elicit a full and fair disclosure of the facts.
5. Subpoena. Pursuant to § 9-6.14:13 of
					 the Code of Virginia, the commissioner or hearing officer may issue subpoenas
					 on behalf of himself or any person or owner for the attendance of witnesses and
					 the production of books, papers or maps. Failure to appear or to testify or to
					 produce documents without adequate excuse may be reported by the commissioner
					 to the appropriate circuit court for enforcement.
6. Judgment and final order. The commissioner
					 may designate a hearing officer or subordinate to conduct the hearing as
					 provided in § 9-6.14:12 of the Code of Virginia, and to make written
					 recommended findings of fact and conclusions of law to be submitted for review
					 and final decision by the commissioner. The final decision of the commissioner
					 shall be reduced to writing and will contain the explicit findings of fact upon
					 which his decision is based. Certified copies of the decision shall be
					 delivered to the owner affected by it. Notice of a decision will be served upon
					 the parties and become a part of the record. Service may be by personal service
					 or certified mail return receipt requested.