Proposed Text
3VAC5-10-160. Offers in compromise.
Following notice of a disciplinary proceeding a licensee may
be afforded opportunity for the submission of an offer in compromise in lieu of
suspension or in addition thereto, or in lieu of revocation of his license,
where in the discretion of the board, the nature of the proceeding and the
public interest permit. Such offer should be addressed to the secretary to
the board chief hearing officer. Upon approval by the
board, acceptance Acceptance of the offer in compromise shall
constitute an admission of the alleged violation of the A.B.C. laws or
regulations, and shall result in a waiver of the right to a formal hearing and
the right to appeal or otherwise contest the charges. The reason for the
acceptance of such an offer shall be made a part of the record of the
proceeding. Unless good cause be shown, continuances for purposes of
considering an offer in compromise will not be granted,. nor
will a decision be rendered prior to a hearing if received within three
days of the scheduled hearing date, nor will more than two offers be
entertained during the proceeding. Further, no offers shall be considered by
the board if received more than 15 calendar days after the date of mailing of
the initial decision or the proposed decision, whichever is later. Offers
in compromise may be submitted anytime following notice of a disciplinary
proceeding and before the conclusion of an appeal hearing. Any such offer may
not be accepted at the informal conference and no offer shall be submitted
after the conclusion of the appeal hearing. An offer may be made at the
appeal hearing, but none shall be considered after the conclusion of such
hearing. The board may waive any provision of this section for good cause
shown.