6VAC20-65-40: Due process procedures for decertification resulting from serious misconduct

A. Written notification to the department, pursuant to § 15.2-1707 of the Code of Virginia, shall be submitted using the DCJS Notification of Eligibility for Decertification Form (DC-1), within 48 hours of becoming aware of an officer's eligibility for decertification.

B. The department shall serve notice upon the decertified officer and agency, to include decertification action taken and remedies available in accordance with § 15.2-1708 of the Code of Virginia.

C. Appeal hearings shall follow due process procedures and steps in accordance with §§ 15.2-1707 and 15.2-1708 of the Code of Virginia.

D. The initial-level decertification appeal hearing shall be handled in accordance with § 2.2-4019 of the Code of Virginia.

E. All subsequent decertification appeal hearings beyond the initial level shall be handled in accordance with § 2.2-4020 of the Code of Virginia.