Virginia statute
Va. Code Ann. § 46.2-405 — How hearings to be conducted
Current through 2026 Regular Session
Part of Article 12: Suspension and Revocation of Licenses, Generally; Additional Penalties, Code of Virginia.
Full text of Va. Code Ann. § 46.2-405
Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.
A. In any such hearing all relevant and material evidence shall be received, except that: (i) the rules relating to privileged communications and privileged topics shall be observed; (ii) hearsay evidence shall be received only according to the rules of evidence prevailing in courts of record; and (iii) secondary evidence of the contents of a document shall be received only if the original is not readily available.
B. All reports of inspectors and subordinates of the Department and other records and documents in the possession of the Department bearing on the case subject to the provisions of subsection A of this section shall be introduced at the hearing. Any certified copy of any conviction forwarded to the Commissioner under the provisions of § 46.2-383 , shall be prima facie evidence of the conviction, and may be introduced in evidence.
C. Subject to the provisions of subsection A of this section, every party shall have the right to cross-examine adverse witnesses and any inspector or subordinate of the Department whose report is in evidence, and to submit rebuttal evidence.
D. The decision shall be based only on evidence received at the hearing and matters of which a court of record could take judicial notice.
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