HD53 - Report of the Discovery in APA Case Decisions Subcommittee of the Administrative Law Advisory Committee


Executive Summary:
During the 1996 Session of the General Assembly, House Bill 1421 was introduced which would require that formal hearings subject to § 9-6.14:12 of the Virginia Administrative Process Act ("VAPA") authorize discovery proceedings, held in accordance with Title 8.01 and the Rules of the Supreme Court of Virginia. In addition, the legislation would require agencies to articulate detailed explanations of the factual or procedural bases of decisions or recommended decisions in informal (§ 9-6.14:11) and formal (§ 9-6.14:12) hearings. The bill was carried over with amendments in the Senate Committee on General Laws.

The Chairman of the Senate General Laws Committee requested that the Code Commission allow the Administrative Law Advisory Committee to study the issue and develop a recommendation for the 1997 General Assembly Session. The Code Commission approved the request and a subcommittee of the Virginia Administrative Law Advisory Committee was appointed.