3 Va. Admin. Code § 5-10-70

Current through Register Vol. 41, No. 10, December 30, 2024

Section 3VAC5-10-70 - [Effective 1/29/2025] Decisions

A. Initial decisions. The decision of the administrative law judge shall be deemed the initial decision, shall be a part of the record, and shall include:

1. A statement of the administrative law judge's findings of fact and conclusions, as well as the reasons or bases for the findings, upon all the material issues of fact, law, or discretion presented on the record; and

2. The appropriate rule, order, sanction, relief, or denial thereof as to each such issue.

B. Summary decisions. At the conclusion of a hearing, the administrative law judge, in the administrative law judge's discretion, may announce the initial decision to the interested parties.

C. Notice. At the conclusion of any hearing, the administrative law judge shall advise interested parties that the initial decision will be reduced to writing and the notice of such decision, along with notice of the right to appeal to the Virginia Alcoholic Beverage Control Authority (authority), will be mailed to the interested party or the interested party's representative and filed with the authority in due course. (See 3VAC5-10-240 for Appeals).

D. Prompt filing. The initial decision shall be reduced to writing; mailed to interested parties at the address on record with the authority by certified mail, return receipt requested, and by regular mail; and filed with the authority as promptly as possible after the conclusion of the hearing or the expiration of the time allowed for the receipt of additional evidence.

E. Request for early or immediate decision. Where the initial decision is deemed to be acceptable, an interested party may file, either orally before the administrative law judge or in writing, a waiver of the interested party's right of appeal to the authority and request early or immediate implementation of the initial decision. The authority or administrative law judge may grant the request for early or immediate implementation of the decision by causing issuance or surrender of the license and prompt entry of the appropriate order.

F. Timely review. The authority shall review the initial decision and may render a proposed decision, which may adopt, modify, or reject the initial decision unless immediate implementation is ordered. In any event, the authority shall issue notice of any proposed decision, along with notice of right to appeal, within the time provided for appeals as stated in 3VAC5-10-240.

3 Va. Admin. Code § 5-10-70

Derived from VR125-01-1 §1.7, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 17, Issue 10, eff. February 28, 2001; Amended, Virginia Register Volume 41, Issue 10, eff. 1/29/2025.

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.