3 Va. Admin. Code § 5-10-290

Current through Register Vol. 40, No. 19, May 6, 2024

Section 3VAC5-10-290 - Evidence

A. Generally. Subject to the exceptions permitted in this section, and to any stipulations agreed to by all interested parties, all evidence should be introduced at hearings before hearing officers.

B. Additional evidence. Should the appeal panel determine at an appeal hearing, either upon motion or otherwise, that it is necessary or desirable that additional evidence be taken, the appeal panel may:

1. Direct that a hearing officer fix a time and place for the taking of such evidence within the limits prescribed by the board and in accordance with 3VAC5-10-180; and

2. Upon unanimous consent of the appeal panel, permit the introduction of after-discovered or new evidence at the appeal hearing.

If the initial decision indicates that the qualifications of the establishment of an applicant or licensee are such as to cast substantial doubt upon the eligibility of the place for a license, evidence may be received at the appeal hearing limited to the issue involved and to the period of time subsequent to the date of the hearing before the hearing officer.

C. Examination. Any appeal panel member may examine a witness upon any question relevant to the matters in issue.

D. Cross-examination. The right to cross-examine and the submission of rebuttal evidence as provided in 3VAC5-10-90 shall be allowed in any appeal hearing where the introduction of additional evidence is permitted.

3 Va. Admin. Code § 5-10-290

Derived from VR125-01-1 § 2.6, 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; Amended, Virginia Register Volume 35, Issue 01, eff. 10/22/2018.

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