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Virginia Department of Employment Dispute Resolution

Rules for Conducting Grievance Hearings

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Rules for Conducting Grievance Hearings
Table of Contents

  1. Overview of the Grievance Procedure
  2. Summary of the Hearing Officer's Duties and Powers
  3. Planning for the Hearing
    1. Scheduling
    2. Time
    3. Consolidation
    4. Pre-Hearing Conference
    5. Orders
  4. The Hearing
    1. Persons Present
    2. Recording the Hearing
    3. Conducting the Hearing
    4. Admitting Evidence
    5. Witness Issues
    6. Documents
  5. The Decision
    1. Deliberations
    2. Use of Adverse Inferences
    3. Written Decision
  6. Scope of Relief
    1. General
    2. Disciplinary Actions
      1. Mitigating and Aggravating Circumstances
      2. Accumulated Discipline
      3. Suspension and Termination
      4. Back Pay
      5. Reinstatement
    3. Non-disciplinary Actions
      1. Misapplication or Unfair Application of Policy
      2. Arbitrary or Capricious Performance Evaluation
      3. Retaliation/Discrimination
    4. Attorneys' Fees
  7. Challenges to the Hearing Officer's Decision
    1. Administrative Review of Hearing Decisions
      1. A Request to Reconsider a Decision or Reopen a Hearing
      2. A Challenge that the Hearing Decision is Inconsistent with State or Agency Policy
      3. A Challenge that the Hearing Decision does not Comply with the Grievance Procedure
    2. Final Hearing Decisions
    3. Judicial Review of Final Hearing Decisions
    4. Implementation of Final Hearing Decisions
  8. Billing by Part-Time Hearing Officers

Appendix A. Sample Orders

Appendix B. EDR Publication Policy

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