Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-200 - Hearing types

Current through Register Vol. 40, No. 24, July 15, 2024
Hearings before the board, 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 the 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 12VAC5-610-200 B.
B. Adjudicatory hearing for appeals of
					 denials of sewage system construction permits. The adjudicatory hearing is a
					 formal, public adjudicatory proceeding before the commissioner, the Sewage
					 Handling and Disposal Appeal Review Board 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 the 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 verbatim 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 shall
					 attend the hearing and submit oral and documentary evidence and rebuttal
					 proofs, expert or otherwise, that is 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, Sewage Handling and Disposal Appeal
					 Board, or hearing officer may issue subpoenas on behalf of themselves for the
					 attendance of witnesses and the production of books, papers, maps or other
					 materials. Failure to appear or to testify or to produce materials without
					 adequate excuse may be reported by the commissioner to the appropriate circuit
					 court for enforcement.
6. Judgement
					 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. A certified
					 copy of the decision shall be delivered to the affected owner. 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.