Virginia Administrative Code

A. When conciliation efforts fail or when the director determines that the conciliation process will not be in the best interest of the complainant or the Commonwealth, the director shall set the matter for formal hearing conducted in accordance with § 2.2-4020 of the Code of Vir…

A. The hearing officer shall submit a recommended decision with findings of fact and conclusions of law in writing to the division. The recommended decision of the hearing officer shall be filed with the division within 90 days of the date of completion of the hearing. B. If the …

(Repealed.)

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Act" means the Virginia Human Rights Act, Chapter 39 (§ 2.2-3900 et seq.) of Title 2.2 of the Code of Virginia. "Charge of discrimination" or…

A. If the division fails to act by dates specified in this chapter, neither the rights of the complainant nor the respondent shall be prejudiced. B. If the complainant or the respondent fails to comply with the provisions stated in this chapter, except where good cause is shown, …

A. The division shall receive information concerning alleged violations of the Act from any person. Where the information discloses that a person is entitled to file a complaint with the division, the division shall render assistance in the filing and perfecting of a complaint. B…

A complaint may be filed in person at or by mail to 202 North 9th Street, Richmond, VA 23219 between the hours of 9 a.m. and 5 p.m., Monday through Friday; by FAX to (804) 225-3294; or by email to human_rights@oag.state.va.us. Telephone calls may be made to (804) 225-2292 in orde…

A. Each complaint shall contain the following: 1. The full name, address, and telephone number of the person making the complaint; 2. The full name and address of the person against whom the complaint is made; 3. A clear concise statement of the facts, including pertinent dates, …

The division may enter into cooperative agreements with the U.S. Equal Employment Opportunity Commission (EEOC) or other federal agencies or local commissions to carry out the purposes of the Act. Under such cooperative agreements, the division may dual file cases and exchange in…

A. Complaints that are under the jurisdiction of another state agency are considered filed with that agency when received by the division provided the time limit for filing with the other agency has not expired. B. The division may establish interagency agreements with other stat…

Within 15 days after the perfecting of a complaint, the director shall issue a notice of the charge of discrimination to the respondent by a delivery service with proof of receipt. Statutory Authority§ 2.2-520 of the Code of Virginia.

A. A complaint filed by or on behalf of a person claiming to be aggrieved by a violation of the Act may be withdrawn only by the person claiming to be aggrieved and only with consent of the division. The director or the director's designee may grant consent to a request to withdr…

A. During the investigation of a complaint, the director may utilize the information gathered by other government agencies. The director shall accept a statement of position or evidence submitted by the complainant, the person making the complaint on behalf of complainant, any wi…

The division may contact and interview any witnesses identified by the parties as part of its investigation of the allegations set forth in a charge of discrimination. The identity and any information that may reveal the identity of a witness shall remain confidential throughout …

A. The division is authorized to collect documents relevant to and in furtherance of its investigation of the allegations set forth in a charge of discrimination. B If a person receiving a request for documents from the division does not voluntarily produce the requested document…

The director may require a fact-finding conference held in accordance with § 2.2-4019 of the Code of Virginia with the parties prior to issuing a determination regarding a charge of discrimination. The fact-finding conference is an investigative forum intended to define the issue…

A. A person claiming to be aggrieved by a violation of the Act may withdraw a charge of discrimination only with the consent of the division. The director or the director's designee may grant consent to a request to withdraw a charge of discrimination, other than a charge of disc…

A. Prior to the issuance of a final determination, the division may encourage the parties to settle the charge of discrimination through mediation on terms that are mutually agreeable. The director or the director's designee shall have the authority to sign any settlement agreeme…

A. If a complainant submits a request that the division issue a notice of right to sue prior to the completion of its investigation in accordance with the provisions of § 2.2-3907 H of the Code of Virginia, the division will promptly issue a notice of right to sue in accordance w…

When the director determines that the complaint or charge (i) is not timely filed or (ii) fails to state a claim under the Act, the director shall dismiss the complaint and provide prompt written notice of the dismissal to the parties by a delivery service with proof of receipt. …

A. When the director determines after investigation that there is not reasonable cause to believe that the Act has been violated, the director shall dismiss the complaint and issue the complainant a notice of right to sue. If the matter falls under the jurisdiction of a federal l…

A. When the director determines after investigation that there is reasonable cause to believe that the Act has been violated, the director shall issue a final determination to the parties stating that based on and limited to the evidence obtained by the division, reasonable cause…

A. Where the division determines there is reasonable cause to believe that the Act has been violated, the division shall endeavor to eliminate such practice by informal methods of conference, mediation, conciliation, and negotiation. In such instances, the division shall attempt …

A. If a charging party requests a notice of right to sue in accordance with § 2.2-3907 H of the Code of Virginia, the division will immediately cease the investigation, dismiss the charge of discrimination, and issue a notice of right to sue to the charging party. If the matter f…

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

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 Department of Law,…

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 1VAC45-5-30, 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 or a…

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the agency and (ii) be accompanied by and represented by counsel or other represent…

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…

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in work…

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial. B. A NRP that has been appointed by the agency may be dissolved by the agency when: 1. There is no longer controversy associated with the development of the regul…

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § …

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The purpose of this chapter is to promote public involvement in the development, amendment, or repeal of the regulations of the Commission on Local Government. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of t…