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Va. Code Ann. § 54.1-110

Presiding officer; participation of board in hearing; disqualification of board member

Applied in 3 court decisions — leading case Virginia Board of Medicine v. Fetta (1991)

Most recently applied in James River Ass'n v. Commonwealth ex rel. Waste Management Board (February 2005)

1979, c. 408, § 54-1.37; 1986, c. 615; 1988, c. 765; 1992, c. 659.

How often courts cite this section

19912000200510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A. Every hearing in a contested case shall be conducted in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). When a hearing officer presides, the regulatory board shall determine whether the hearing officer is to hear the case alone or with a panel of a health regulatory board convened pursuant to § 54.1-2400 or whether the board is to hear the case with the hearing officer.

B. A board member shall disqualify himself and withdraw from any case in which he cannot accord fair and impartial consideration. Any party may request the disqualification of any board member by stating with particularity the grounds upon which it is claimed that fair and impartial consideration cannot be accorded. The remaining members of the board or panel shall determine whether the individual should be disqualified.

Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.