8VAC40-31-220: Procedural rules for the conduct of fact-finding conferences and hearings

A. Fact-finding conference; notification, appearance, conduct.

1. Unless emergency circumstances exist that require immediate action, no order shall be issued to refuse to grant certification or revoke prior certification or to add conditions to any certification except upon written notice stating the basis for such action and the right of the affected parties to appear at an informal fact-finding conference.

2. Informal fact-finding conferences will be conducted in accordance with § 2.2-4019 of the Code of Virginia.

3. If, after consideration of information presented during an informal fact-finding conference, the council determines that a basis for action still exists, the interested parties shall be notified in writing within 90 days of the informal fact-finding conference of the decision, the factual or procedural basis for the decision, and the right to appeal the decision by requesting a formal hearing. Parties to the conference may agree to extend the report deadline if more time is needed to consider relevant information.

4. Parties may enter into a consent agreement to settle the issues at any time prior to a formal hearing.

B. Hearing; notification, appearance, conduct.

1. After council staff renders a decision following an informal fact-finding conference, the school may appeal the decision by requesting a formal hearing by notifying the council within 14 days of the date of receipt of notification of the decision.

2. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia.

C. The council shall review the recommendation of the hearing officer and render a decision on the recommendation within 30 days of receipt or at the next feasible council meeting.