2.2-3005 - Hearing officers; duties.
§ 2.2-3005. Hearing officers; duties.
A. Nothing in this chapter shall create, nor shall be construed to create, aproperty interest in selection or assignment to serve as a hearing officerfor grievance hearings.
B. The Director of the Department of Employment Dispute Resolution shallassign a hearing officer to conduct the grievance hearing. All hearingofficers shall be selected, on a rotating basis, (i) from the list ofadministrative hearing officers maintained by the Supreme Court of Virginiapursuant to § 2.2-4024 or (ii) from attorneys hired as classified employeesby the Department through a competitive selection process. Hearing officerfees shall be reasonable, in accordance with compensation guidelinesdeveloped by the Department of Employment Dispute Resolution. In addition tothe training requirements imposed by the Supreme Court, each hearing officershall meet the criteria established by the Director pursuant to subdivision 6of § 2.2-1001 and attend annually at least one day of training in employmentlaw or state personnel policies and organizations. The training shall beconducted by the Department of Employment Dispute Resolution or anorganization approved by the Virginia State Bar for continuing legaleducation.
C. Hearing officers shall have the following powers and duties:
1. Hold conferences for the settlement or simplification of issues;
2. Dispose of procedural requests;
3. Issue orders requiring testimony or the production of evidence;
4. Administer oaths and affirmations;
5. Receive probative evidence; exclude irrelevant, immaterial, insubstantial,privileged, or repetitive proofs, rebuttals, or cross-examinations; rule uponoffers of proof; and oversee a verbatim recording of the evidence;
6. Receive and consider evidence in mitigation or aggravation of any offensecharged by an agency in accordance with rules established by the Departmentof Employment Dispute Resolution pursuant to § 2.2-1001; and
7. Take other actions as necessary or specified in the grievance procedure.
(1995, cc. 770, 818, § 2.1-116.07; 1998, cc. 263, 438; 1999, c. 713; 2000,cc. 66, 657, 947, 1006; 2001, c. 844; 2004, c. 674.)