Virginia Administrative Code

If any witness subpoenaed to appear on behalf of the Virginia Alcoholic Beverage Control Authority (authority) shall testify in a hearing before an administrative law judge on complaints against a licensee as to any violation in which the witness, as a licensee or an applicant, h…

Oral argument, written argument, or both may be submitted to and limited by the administrative law judge. Oral argument is to be included in the stenographic report of the hearing.Statutory Authority§§ 4.1-103 and 4.1-111 of the Code of Virginia.

Upon request of any interested party, the chief administrative law judge or an administrative law judge is authorized to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents at a hearing before an administrati…

A. Interested parties shall arrange to have their witnesses present at the time and place designated for the hearing. B. Upon request of any party entitled to cross-examine witnesses, as set forth in 3VAC5-10-90 B, the administrative law judge may separate the witnesses, includin…

A. A pre-hearing conference will be conducted when an applicant for a license or a licensee who is the subject of a disciplinary proceeding does not waive the right to such a conference. A waiver may be verbal or in writing. Unless the parties are advised otherwise, the Virginia …

The Chief of the Bureau of Law Enforcement Operations or a designee may (i) represent the Bureau of Law Enforcement before the Virginia Alcoholic Beverage Control Authority (authority) or any administrative law judge; (ii) petition the authority for modification of the administra…

A. An interested party may appeal to the Virginia Alcoholic Beverage Control Authority (authority) an adverse initial decision, including the findings of fact and the conclusions, of an administrative law judge or a proposed decision, or any portion of a proposed decision, of the…

Any individual, partnership, association, or corporation that is a licensee or applicant for any license or any interested party shall have the right to be represented by counsel at any Virginia Alcoholic Beverage Control Authority (authority) hearing for which the licensee, appl…

Communications regarding appeal hearings upon licenses and applications for licenses should be addressed to the Chief Clerk of the Hearing, Appeals, and Judicial Services Division.Statutory Authority§§ 4.1-103 and 4.1-111 of the Code of Virginia.

Continuances will be granted as in actions at law. Requests for continuances of appeal hearings should be addressed to the Chief Clerk of the Hearings, Appeals, and Judicial Services Division.Statutory Authority§§ 4.1-103 and 4.1-111 of the Code of Virginia.

The final decision of the Virginia Alcoholic Beverage Control Authority, together with any written opinion, should be transmitted to each interested party or to the interested party's representative.Statutory Authority§§ 4.1-103 and 4.1-111 of the Code of Virginia.

A. Generally. Subject to the exceptions permitted in this section, and to any stipulations agreed to by all interested parties, all evidence should be introduced at hearings before administrative law judges. B. Additional evidence. Should the appeal panel or Virginia Alcoholic Be…

Any individual, partnership, association, or corporation that is a licensee or applicant for any license or any interested party shall have the right to be represented by counsel at any Virginia Alcoholic Beverage Control Authority hearing for which the licensee or applicant has …

Hearings before the Virginia Alcoholic Beverage Control Authority or appeal panel in the absence of notice to the contrary will be held in the office of the Virginia Alcoholic Beverage Control Authority, Virginia A.B.C. Building, 7450 Freight Way, Mechanicsville, Virginia 23116.S…

Motions or requests for rulings made after a hearing before an administrative law judge and prior to an appeal hearing before the Virginia Alcoholic Beverage Control Authority (authority) shall be in writing, addressed to the Chief Clerk of the Hearings, Appeals, and Judicial Ser…

Reasonable notice of the time and place of an appeal hearing shall be given to each interested party who appeared at the initial hearing or the interested party's representative.Statutory Authority§§ 4.1-103 and 4.1-111 of the Code of Virginia.

A. The record of the hearing before the administrative law judge, including the initial decision, and the transcript of testimony, argument, and exhibits together with all papers and requests filed in the proceeding before the Virginia Alcoholic Beverage Control Authority (author…

(Repealed.)

A. Except as provided in 3VAC5-10-290, the appeal hearing shall be limited to the record made before the administrative law judge. B. The provisions of Part I (3VAC5-10-10 through 3VAC5-10-230) of this chapter shall be applicable to proceedings held under this part except to the …

Complaints shall be referred in writing to the Chief Clerk of the Hearings, Appeals, and Judicial Services Division.Statutory Authority§§ 4.1-103 and 4.1-111 of the Code of Virginia.

Hearings will be conducted in accordance with the provisions of Part I (3VAC5-10-10 through 3VAC5-10-230) of this chapter. Further, the Virginia Alcoholic Beverage Control Authority (authority) and the administrative law judges designated by the authority may require an accountin…

The decision of the administrative law judge may be appealed to the Virginia Alcoholic Beverage Control Authority as provided in 3VAC5-10-240. Appeals shall be conducted in accordance with the provisions of Part II (3VAC5-10-240 through 3VAC5-10-350) of this chapter.Statutory Aut…

Upon receipt from a winery, brewery, or wine or beer importer of a request for notice of a price increase less than 30 days in advance, a hearing will be scheduled before the Virginia Alcoholic Beverage Control Authority (authority), not an administrative law judge, as soon as pr…

Communications regarding hearings before administrative law judges upon licenses and applications for licenses should be addressed to the Chief Clerk, Hearings, Appeals, and Judicial Services Division.Statutory Authority§§ 4.1-103 and 4.1-111 of the Code of Virginia.

The Rules of the Supreme Court of Virginia Parts One, One A, Two, Two A, Three, and Four shall apply in all proceedings under the Wine and Beer Franchise Acts, Chapters 4 (§ 4.1-400 et seq.) and 5 (§ 4.1-500 et seq.) of Title 4.1 of the Code of Virginia, including mediation and a…

The Virginia Alcoholic Beverage Control Authority (authority) and its administrative law judges may conduct hearings by telephone only when the applicant or licensee expressly waives the in-person hearing. The authority will determine whether or not certain hearings might practic…

The interested parties will be expected to be available by telephone at the time set for the hearing and may produce, under oath, evidence relevant and material to the matters in issue. The Virginia Alcoholic Beverage Control Authority will arrange for telephone conference calls …

Oral or written argument may be submitted to and limited by the administrative law judge. Oral argument is to be included in the stenographic report of the hearing. Written argument, if any, must be submitted to the administrative law judge and other interested parties in advance…

Documentary evidence that an interested party desires to be considered by the administrative law judge must be submitted to the administrative law judge and other interested parties in advance of the hearing.Statutory Authority§§ 4.1-103 and 4.1-111 of the Code of Virginia.

A. Telephone hearings will usually originate from the central office of the Virginia Alcoholic Beverage Control Authority in Mechanicsville, Virginia, but may originate from other locations. An interested party may participate from the location of the interested party's choice wh…

Interested parties shall be afforded reasonable notice of a pending hearing. The notice shall state the time, issues involved, and the telephone number where the applicant/licensee can be reached. Statutory Authority§§ 4.1-103 and 4.1-111 of the Code of Virginia.

Interested parties shall arrange to have their witnesses present at the time designated for the telephone hearing, or should supply a telephone number where the witnesses can be reached, if different from that of the interested party. Statutory Authority§§ 4.1-103 and 4.1-111 of …

(Repealed.)

A. Upon consent of all interested parties, the Virginia Alcoholic Beverage Control Authority (authority) may afford the parties an opportunity to resolve appropriate cases through mediation. B. The mediations may be conducted by an administrative law judge of the authority. C. If…

The Virginia Alcoholic Beverage Control Authority, in its discretion and for good cause shown, may arrange a hearing upon the complaint of any aggrieved party against the continuation of a license. The complaint shall be in writing directed to the Chief of the Bureau of Law Enfor…

Motions to continue a hearing will be granted as in actions at law. Requests for continuances should be addressed to the Chief Administrative Law Judge, Hearings, Appeals, and Judicial Services Division or the administrative law judge who will preside over the hearing.Statutory A…

A. Initial decisions. The decision of the administrative law judge shall be deemed the initial decision, shall be a part of the record, and shall include: 1. A statement of the administrative law judge's findings of fact and conclusions, as well as the reasons or bases for the fi…

Cases will be placed upon the docket in the order in which they mature except that, for good cause shown or for reasons appearing to the Virginia Alcoholic Beverage Control Authority or to the chief administrative law judge, the order may be varied.Statutory Authority§§ 4.1-103 a…

A. Generally. All relevant and material evidence shall be received, except that: 1. The rules relating to privileged communications and privileged topics shall be observed; and 2. Secondary evidence of the contents of a document shall be received only if the original is not readi…

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Alcoholic Beverage Control Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of …

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action. B. The agency may conduct one or more public hearings during the comment period following t…

A. The agency shall conduct a periodic review of its regulations consistent with: 1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity,…

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia. "Agency" means the Alcoholic Beverage…

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency. B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency.…

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 3VAC5-11-30, the agency shall send the following information: 1. A notice of intended regulatory action (NOIRA). 2. A notice of the comment period on a proposed, a r…

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on…

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action. B. A petition shall include but is not limited to the following information: 1. The petitioner's name and contact information; 2. The substance and purpose of…