2.2-3006 - Review of hearing decisions; costs.
§ 2.2-3006. Review of hearing decisions; costs.
A. Upon the request of a party to a grievance hearing for an administrativereview of the hearing decision, the Director of the Department of HumanResource Management shall determine, within 60 days of receipt of suchrequest, whether the hearing decision is consistent with policy.
B. Within 30 days of a final decision, a party may appeal on the grounds thatthe determination is contradictory to law by filing a notice of appeal withthe clerk of the circuit court in the jurisdiction in which the grievancearose. The agency shall request and receive prior approval of the Directorbefore filing a notice of appeal. After a notice of appeal has been filed byeither party, the agency shall then transmit a copy of the grievance recordto the clerk of the court. The court, on motion of a party, shall issue awrit of certiorari requiring transmission of the record on or before acertain date. Within 30 days of receipt of the grievance record, the court,sitting without a jury, shall hear the appeal on the record. The court mayaffirm the decision or may reverse or modify the decision. The decision ofthe court shall be rendered no later than the fifteenth day from the date ofthe conclusion of the hearing. The circuit court hearing shall be at no costto the Commonwealth or the grievant.
C. The hearing officer's final decision shall be effective from the latter ofthe date issued or the date of the conclusion of any administrative reviewand judicial appeal, and shall be implemented immediately thereafter, unlesscircumstances beyond the control of the agency delay such implementation.
D. Either party may petition the circuit court having jurisdiction in thelocality in which the grievance arose for an order requiring implementationof the final decision or recommendation of a hearing officer.
E. The court shall award reasonable attorneys' fees and costs to the employeeif the employee substantially prevails on the merits of a case brought undersubsection B or D.
(2000, cc. 947, 1006, § 2.1-116.07:1; 2001, cc. 393, 420, 844; 2003, c. 252;2004, c. 229.)