3VAC5-10-220. Informal conferences.
A. An informal conference will be conducted when an applicant for a license or a licensee who is the subject of a disciplinary proceeding does not waive its right to such a conference. A waiver may be verbal or in writing. Unless the parties are advised otherwise, the agency will automatically waive the informal conference when the applicant or licensee does so. When the applicant or licensee is offered an informal conference and fails to respond within 10 calendar days after the date of such offer, the informal conference will be deemed to be waived.
B. The informal conference will be conducted for the reasons
set forth in §
9-6.14:11 2.2-4019 of the Code of Virginia ;
however, inasmuch as the Code of Virginia continues to require that license
suspension or revocation be preceded by a formal hearing (see § 4.1-227 of the
Code of Virginia), the. The informal conference may not be used for
purposes of agreement fixing a period of suspension or license revocation ,
although an offer of settlement shall be received for board consideration.
The informal conference will serve as a vehicle to acquaint the interested
party, in a general way, with the nature of the charges or objections, the
evidence in support thereof and to hear any matters relevant thereto presented
by the interested parties and to explore whether (i) administrative proceedings
or objections should be terminated or (ii) the case should proceed to formal
hearing and stipulations can be reached. The conference will be open to the
public, but participation will be limited to the interested parties, their
attorneys-at-law or other qualified representatives, and designated board
representatives. The conference will be held, when practical, at the county or
city in which the establishment of the applicant or licensee is located.
Reasonable notice of administrative charges or objections and the date, time
and place of the conference shall be given to the participants. The failure of
the applicant or licensee to appear at a scheduled conference will be deemed a
waiver of the informal conference. The informal proceeding will not be
recorded. Sworn testimony will not be taken, nor will subpoenas be issued. At
the conclusion of the informal conference, the designated board representative
will complete a disposition form to be included in the case file or will
announce the results at the beginning of the formal hearing to be included in
the record. Any initial decision will include a summary of the informal