Dear Secretary Hill:

Marston & McNally, P.C. represents the Virginia Beer Wholesalers Association (“VBWA”) and the Virginia Wine Wholesalers Association (“VWWA”).

Pursuant to §2.2-4007 of the Code of Virginia, the VBWA and VWWA jointly submit the following comments regarding the proposed amendments to regulation 3VAC5-10 of the Virginia Administrative Code, as published in the Virginia Register on July 23, 2018.  

The proposed amendment incorporates the procedural rules found in Parts One, One A, Two, Two A, and Three of the Rules of the Supreme Court of Virginia into the pre-trial and hearing procedures applicable to actions brought pursuant to Virginia’s Wine and Beer Franchise Acts.  The membership of VBWA and VWWA support the proposed amendment.

Franchise cases brought under the Beer or Wine Franchise Acts are civil litigation between private parties adjudicated in an administrative setting.  The VBWA and VWWA believe it entirely appropriate that the procedures applicable to civil actions in circuit court should be equally applicable to franchise disputes conducted before the Board and its Hearing Officers.  The Rules provide a concise procedural framework that will permit parties in franchise disputes to more efficiently prepare and present evidence and arguments to the agency tribunal.  The Rules are already well known to legal practitioners, and will permit the Board and its Hearing Officers to dispose of the inevitable pre-trial motions and maneuvers in a prompt and consistent fashion.

In sum, VBWA and VWWA believe that incorporating the aforementioned Parts of the Rules of the Supreme Court will improve the efficiency and predictability of franchise cases brought before the Board and its Hearing Officers.  Accordingly, the membership of the VBWA and VWWA lend their enthusiastic support to the proposed amendment to 3VAC5-10.

Sincerely,

Kevin R. McNally

Counsel for VBWA and VWWA