22VAC40-880-440: General rules for appeals

A. The appeal shall be heard by a hearing officer.

1. The hearing officer may hold the hearing by telephone or in the district office where the custodial parent or his or her case resides unless another location is requested by the appellant.

2. The parents may be represented at the hearing by legal counsel.

3. The appellant may withdraw the appeal at any time. The department may withdraw its actions at any time.

4. The hearing officer shall accept a request for a continuance from the noncustodial parent or the custodial parent if:

a. The request is made in writing at least five business days prior to the hearing, and

b. The request is for not more than a 10-day continuance, except when the facts presented justify an exception.

B. The hearing officer shall notify the parents of the date and time of the hearing in accordance with § 63.2-1942 of the Code of Virginia.

C. Prior to the hearing, the hearing officer shall send the parents a copy of the case summary prepared by the district office.