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 22VAC40-80-510 - Recommendations of the hearing officer

Current through Register Vol. 40, No. 24, July 15, 2024
A. By statute, the hearing officer shall
				  recommend findings of fact and a decision upon the preponderance of the
				  evidence presented by the record and relevant to the basic law under which the
				  agency is operating (§§ 2.2-4020 and 2.2-4021 of the Code of
				  Virginia.). The recommended decision of the hearing officer shall be made upon
				  consideration and review of the record as a whole or such portions of the
				  record as may be cited by any party to the proceedings. The findings of fact
				  shall be based exclusively on admissible evidence or matters that are
				  officially noticed. The recommendation shall be in writing and shall include
				  specific findings on all the major facts in issue.
B. The hearing officer shall provide a
				  recommendation within 90 days from the date the agency record is closed (that
				  is, the date of the final hearing or the date by which the hearing officer
				  prescribes that all evidence shall be submitted) or from a later date if agreed
				  to by the aggrieved party and the agency (§ 2.2-4024 of the Code of
				  Virginia). If the hearing officer does not render a recommended decision within
				  90 days, the named party to the case decision may provide written notice to the
				  hearing officer and the Executive Secretary of the Supreme Court that a
				  decision is due. If no recommended decision is made by the hearing officer
				  within 30 days from receipt of the notice, then the Executive Secretary of the
				  Supreme Court, pursuant to § 2.2-4024 of the Code of Virginia, shall
				  remove the hearing officer from the hearing officer list and report the hearing
				  officer to the Virginia State Bar for possible disciplinary action, unless good
				  cause can be shown for the delay.
C. The available remedies offered by the
				  hearing officer shall be to (i) uphold the decision of the department; (ii)
				  recommend reversing the decision; or (iii) recommend issuance of a different
				  sanction as provided in § 63.2-1709.2B of the Code of Virginia.
D. The findings, conclusions and recommended
				  decision shall be provided to the parties and thereafter either party has 10
				  days to submit any exceptions in writing to the hearing coordinator for review
				  by the commissioner regarding the recommended decision of the hearing officer.
				  The hearing officer may incorporate the procedure for making exceptions to his
				  recommended decision within the text of his report and
				  recommendation.
E. The hearing
				  officer shall forward the agency record, including the recommendation; all
				  documents submitted by the parties; a listing of all exhibits presented,
				  received and rejected; and the transcript of the hearing to the hearing
				  coordinator.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.