22 Va. Admin. Code § 25-10-110

Current through Register Vol. 40, No. 22, June 17, 2024

Section 22VAC25-10-110 - Public hearing

A. When conciliation efforts fail, or when the director determines that the conciliation process will not be in the best interest of the complainant or the Commonwealth, the director shall set the matter for public hearing or refer the complaint to the appropriate federal agency.

B. Notice of the time and place of the hearing shall be mailed to the parties at least 20 working days before the date of the hearing.

C. All hearings shall be open to the public.

D. A case will be heard by a hearing officer appointed by the council from a list obtained from the Supreme Court of Virginia.

E. The hearing officer shall not be bound by statutory rules of evidence or technical rules of procedure.

F. Both the complainant and the respondent shall appear and be heard in person, but may be assisted by counsel, or by an authorized representative.

G. All testimony shall be given under oath or affirmation.

H. The order of presentation shall be established by the hearing officer with the burden of going forward being placed on the complainant.

I. Any party who fails to appear at a hearing or to respond to a request for information by a specified date, in the absence of good cause shown, shall be deemed to have waived all further rights to appear, present evidence, or petition for rehearing or reconsideration.

J. Irrelevant, immaterial and unduly repetitious evidence shall, at the discretion of the hearing officer, be excluded. The rules of privilege shall be given effect.

K. The hearing officer may accept relevant documents or other evidence into the record as exhibits. Documents to be submitted at the hearing by a party must be distributed to the council and the other party no later than five working days prior to the hearing. Documents not submitted in accordance with this rule will only be admitted when the presiding body or hearing officer determines that just cause exists for failure to follow this rule.

L. Before the hearing is closed, the parties shall be given an opportunity to present an oral argument of their case.

M. The hearing shall be recorded by an official reporter and one transcript will be purchased by the council. The council's copy will be made available for review within a reasonable time after request at the Office of Human Rights during regular business hours.

22 Va. Admin. Code § 25-10-110

Derived from VR402-01-02 § 11, eff. July 4, 1990.

Statutory Authority

§ 2.2-2634 of the Code of Virginia.