State Codes and Statutes

Statutes > Virginia > Title-28-2 > Chapter-2 > 28-2-216

§ 28.2-216. Hearings before Commission.

A. Any person whose rights, duties, or privileges, including matters relatingto licenses, shellfish planting grounds, or fishing stands, have been or maybe affected by any action or inaction of the Commission or Commissionerwithout a formal hearing may demand in writing a formal hearing of hiscomplaint. The Commission shall hold a hearing on the complaint as soon aspracticable. All known interested parties shall be afforded an opportunityto be heard before the Commission. All persons who have noted their interestwith the Commission shall be informed of the hearing by first class mail atleast five days prior to the scheduled date of the hearing. The notice shallindicate the time and place of the hearing and the issues involved. Allparties shall have the opportunity to present evidence and argument. Theproponents for any regulation or matter shall be heard first, then theopponents. The Commissioner, if present, or any member of the Commission, inhis absence, shall preside over the hearing. The rules of evidence shallapply insofar as possible.

Depositions may be taken and read as in actions at law.

B. The Commission or Commissioner shall have power to issue subpoenas andsubpoenae duces tecum and, at the request of any party, shall issue suchsubpoena. The failure of a witness without legal excuse to appear or totestify or to produce documents shall be acted upon by the Commission in themanner prescribed in § 2.2-4022.

(1962, c. 406, § 28.1-30; 1992, c. 836.)

State Codes and Statutes

Statutes > Virginia > Title-28-2 > Chapter-2 > 28-2-216

§ 28.2-216. Hearings before Commission.

A. Any person whose rights, duties, or privileges, including matters relatingto licenses, shellfish planting grounds, or fishing stands, have been or maybe affected by any action or inaction of the Commission or Commissionerwithout a formal hearing may demand in writing a formal hearing of hiscomplaint. The Commission shall hold a hearing on the complaint as soon aspracticable. All known interested parties shall be afforded an opportunityto be heard before the Commission. All persons who have noted their interestwith the Commission shall be informed of the hearing by first class mail atleast five days prior to the scheduled date of the hearing. The notice shallindicate the time and place of the hearing and the issues involved. Allparties shall have the opportunity to present evidence and argument. Theproponents for any regulation or matter shall be heard first, then theopponents. The Commissioner, if present, or any member of the Commission, inhis absence, shall preside over the hearing. The rules of evidence shallapply insofar as possible.

Depositions may be taken and read as in actions at law.

B. The Commission or Commissioner shall have power to issue subpoenas andsubpoenae duces tecum and, at the request of any party, shall issue suchsubpoena. The failure of a witness without legal excuse to appear or totestify or to produce documents shall be acted upon by the Commission in themanner prescribed in § 2.2-4022.

(1962, c. 406, § 28.1-30; 1992, c. 836.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-28-2 > Chapter-2 > 28-2-216

§ 28.2-216. Hearings before Commission.

A. Any person whose rights, duties, or privileges, including matters relatingto licenses, shellfish planting grounds, or fishing stands, have been or maybe affected by any action or inaction of the Commission or Commissionerwithout a formal hearing may demand in writing a formal hearing of hiscomplaint. The Commission shall hold a hearing on the complaint as soon aspracticable. All known interested parties shall be afforded an opportunityto be heard before the Commission. All persons who have noted their interestwith the Commission shall be informed of the hearing by first class mail atleast five days prior to the scheduled date of the hearing. The notice shallindicate the time and place of the hearing and the issues involved. Allparties shall have the opportunity to present evidence and argument. Theproponents for any regulation or matter shall be heard first, then theopponents. The Commissioner, if present, or any member of the Commission, inhis absence, shall preside over the hearing. The rules of evidence shallapply insofar as possible.

Depositions may be taken and read as in actions at law.

B. The Commission or Commissioner shall have power to issue subpoenas andsubpoenae duces tecum and, at the request of any party, shall issue suchsubpoena. The failure of a witness without legal excuse to appear or totestify or to produce documents shall be acted upon by the Commission in themanner prescribed in § 2.2-4022.

(1962, c. 406, § 28.1-30; 1992, c. 836.)