Virginia Alcoholic Beverage Control Authority
Virginia Alcoholic Beverage Control Board of Directors
Procedural Rules for the Conduct of Hearings Before the Board and Its Hearing Officers
[3 VAC 5 ‑ 10]
Chapter Information
| Description | This chapter sets forth the procedural rules for hearings held by hearing officers and the Alcoholic Beverage Control Board, discovery provisions for proceedings arising under the Wine and Beer Franchise Acts, provisions for telephone hearings, and the Board's public participation guidelines for adoption or amendment of regulations. |
| State Authority | Title 4.1, Code of Virginia |
| Federal Authority | None entered |
| Exempt from APA | No, changes to this chapter are subject to the Administrative Process Act. |
| Text of Regulation | Link to Virginia Administrative Code |
| Goals of Regulation |
1. To provide an efficient process for the adjudication of contested license applications, disciplinary cases, and disputes under the Wine and Beer Franchise Acts, while protecting the public health, safety, and welfare. 2. To provide a reasonable opportunity for public input in the formation, amendment, or repeal of agency regulations. |
| Meetings |
Contact Information
| Name / Title: | LaTonya D. Hucks-Watkins / Senior Legal Counsel |
| Address: |
7450 Freight Way Mechanicsville, VA 23116 |
| Email Address: | latonya.hucks-watkins@virginiaabc.com |
| Telephone: | (804)213-4698 FAX: (804)213-4574 TDD: ()- |
| Current Actions | ||
| Action Title | Latest Stage | Status |
|---|---|---|
| Chapter 10 Regulatory Reform and Periodic Review | NOIRA | Stage complete. Comment period ended 07/07/2023. |
| Past Actions | ||
| Action Title | Latest Stage | Status |
|---|---|---|
| Pre-hearing conferences | Fast-Track | Stage complete. This regulation became effective on 02/07/2022. |
Address Change
|
Final | Stage complete. This regulation became effective on 12/08/2021. |
| Discovery, pre-hearing procedures and production at hearings; definitions | Fast-Track | Stage complete. This regulation became effective on 09/10/2018. |
| Appeals | Fast-Track | Stage complete. This regulation became effective on 09/10/2018. |
| Evidence | Fast-Track | Stage complete. This regulation became effective on 10/22/2018. |
| Informal Conferences | Fast-Track | Stage complete. This regulation became effective on 10/22/2018. |
| Offers in Compromise | Fast-Track | Stage complete. This regulation became effective on 10/22/2018. |
| Consent Settlement | Fast-Track | Stage complete. This regulation became effective on 11/01/2018. |
|
Model Public Participation Guidelines
|
Final | Stage complete. This regulation became effective on 12/24/2008. |
| Updating Procedural Rules and Public Participation Guidelines | Fast-Track | Stage complete. This regulation became effective on 05/19/2007. |
| Thirty-Day Appeal Period | Final | Stage complete. This regulation became effective on 03/01/2001. |
| Procedural Rules | NOIRA | Stage withdrawn on 02/28/2001 after the comment period had ended. |
| Withdrawn Actions | ||
| Action Title | Latest Stage | Status |
|---|---|---|
| Revisions as a Result of Periodic Review | NOIRA | Stage withdrawn on 08/11/2006 after the comment period had ended. |
| Franchise Act Procedure and Annual Rule-Making | NOIRA | Stage withdrawn on 07/30/2004 after the comment period had ended. |
| Periodic Reviews | ||
| Last Activity | Status | |
|---|---|---|
| 2/15/2019 Agency Completed | Retain As Is | |
| 5/30/2012 Agency Completed | Retain As Is | |
| 1/26/2004 Agency Completed | Amend | |
| 5/1/2001 Agency Completed | Amend | |