Administrative hearings are generally of two types: (1) Application—to obtain an ABC license, and (2) Disciplinary—to determine whether a licensee has violated one or more ABC laws and regulations.
What do I need to do to request a continuance for a scheduled hearing?
Make continuance requests as soon as you are aware of any conflict, and no later than seven full working days prior to the hearing. Continuances will be granted only upon a showing of good cause. If a continuance request is made less than seven full working days before the hearing, extenuating circumstances that could not be foreseen must be shown. A written request must be submitted to the Hearings Division to the attention of the Chief Hearing Officer, J. Patrick Griffin, at firstname.lastname@example.org; Chief Clerk, Robert L. Scott, Jr., at email@example.com; Legal Assistant Kristie Miles at firstname.lastname@example.org; or to the Hearings Division fax number at (804) 213-4731.
Are there alternatives to the disciplinary hearing process?
One of two settlement options may eliminate the need for a hearing in disciplinary cases: consent settlements and negotiated resolutions. In limited circumstances, and provided all parties agree, mediation services also may be available. If you have questions about resolution options, use the above contact information.
What is a consent settlement?
A consent settlement is a resolution proposal made by Virginia ABC, which the licensee has 21 days to consider. If accepted, the licensee admits the alleged violation(s) and accepts a monetary penalty and/or suspension of the ABC license. In certain cases, the licensee must supply missing documentation to accept the proposal. By accepting the consent settlement, the licensee waives the right to a formal hearing and to all appeals.
What is an offer in compromise?
Licensees failing to accept the consent settlement within the allotted time, have an additional 21-day period to negotiate a resolution for the alleged violation with Virginia ABC’s legal liaison, whose contact information will be provided at the conclusion of the consent period. If you have questions about the negotiation option, contact J. Patrick Griffin at (804) 204-2329, Robert L. Scott, Jr., at (804) 213-4447 or Pam Boggs at (804) 213-4451.
Where is the hearing held?
Generally, hearings to resolve alleged violation(s) of the Virginia ABC Act and/or Virginia ABC’s Regulations take place at the appropriate Virginia ABC regional office. In limited circumstances, e.g., significant public interest, local governmental facilities may be utilized.
When will I be notified of the hearing?
The initial notice a licensee receives concerning the alleged violation(s) also contains the date, time and location of the informal conference and formal hearing.
Do I need a lawyer at the hearing?
Although not required, if you wish, you may hire an attorney. Because the notice of the alleged violation(s) affords more than 60 days’ notice of the hearing date, delays in hiring an attorney generally are not grounds for a continuance. If you have questions about the hearing notice or hearing date, contact J. Patrick Griffin at (804) 204-2329 or Robert L. Scott, Jr., at (804) 213-4447 or by fax to (804) 213-4731.
What is the role of the hearing officer at the hearing?
The hearing officer conducts the hearing in a fair and impartial manner while assuring that all relevant and material information is presented in order to make a reasoned decision.
What evidence can be presented at the hearing?
All evidence pertaining to the objections/charges should be presented. Parties will have the opportunity to question witnesses, present evidence and offer argument in support of his/her case.
Are witnesses sworn in?
All witnesses testify under oath.
Is the hearing documented?
The hearing is recorded word for word by a court reporter.
Who can attend the hearing?
ABC hearings are open to the public.
How do I find out about the decision of the hearing officer?
After the hearing, the hearing officer will prepare and mail the parties a written report explaining the decision. This is called an initial decision.
Can I appeal the initial decision of the hearing officer?
Yes. The party interested in appealing the case must submit a letter to the ABC Board or the chief hearing officer within 30 days after the date of the decision. The appeal request must state the error of fact or law that caused an incorrect or improper decision and must include a non-refundable $50 filing fee. Ultimately, the appealing party must also pay the cost of preparing the initial hearing transcript ($2.85 per page). If you have questions, contact J. Patrick Griffin, at (804) 204-2329 or Robert L. Scott, Jr., at (804) 213-4447.
Who can appeal the decision of the hearing officer?
An applicant, licensee or another interested party can appeal the decision of the hearing officer to the ABC Board.
Where will the appeal hearing be held?
A panel of the ABC Board will hear the appeal at Virginia ABC’s Central Office at 2901 Hermitage Road, Richmond, Virginia 23220.
What type of evidence can be presented at an appeal hearing?
None, unless the three-member panel of Board members unanimously agree to take additional evidence. Such a motion should be submitted for a ruling prior to the appeal hearing. The parties should be prepared to argue their position based on the evidence introduced previously at the hearing conducted by the hearing officer.
What type of evidence can be presented at an appeal hearing?
None, unless the appeal panel unanimously grants a motion to take additional evidence. Any such motion must be received at Virginia ABC’s Central Office ten (10) full days before the appeal hearing. The parties should be prepared to argue their position based on the evidence accepted at the initial hearing.
Are the decisions of the ABC Board final?
The panel’s ruling on the appeal is the final action of the Virginia ABC Authority, absent timely appeals of right to the local circuit court and subsequently to the Virginia Court of Appeals. The Virginia Supreme Court has the discretion to accept or refuse any appeal from the Court of Appeals’ decision.
What if I have other questions?
Persons having additional questions may contact the Hearings and Appeals Division at (804) 213-4444 or one of Virginia ABC’s regional offices.