15.2-1708 - Notice of decertification. - Virginia Statutes

§ 15.2-1708. Notice of decertification.

A. Service of notice. The Board shall, within ten days of decertification,serve notice upon an affected officer, in person or by certified mail, andupon the law-enforcement or jail agency employing said officer, by certifiedmail, specifying the action taken and remedies available. The Board shallstay final action until the period for requesting a hearing expires.

B. Decertification hearing. Any law-enforcement or jail officer who has beendecertified may, within thirty days of receipt of notice served by the Board,request, by certified mail, a hearing which shall be granted by the Board.Upon receipt of such request, the Board shall set a date, time, and place forthe hearing within sixty days and serve notice by certified mail upon theaffected officer. The Board, or a committee thereof, shall conduct suchhearing. The affected officer may be represented by counsel. In the absenceof a request for hearing, decertification shall, without further proceedings,become final thirty days after the initial notice.

C. Standard of review. The decertification of a law-enforcement or jailofficer under § 15.2-1707 shall be sustained by the Board unless suchlaw-enforcement or jail officer shows, by a preponderance of the evidence,good cause for his certification to be reinstated.

D. Final decision after request for hearing. The Board shall render a finaldecision within thirty days.

E. Notice of final action. The Board shall notify the officer and thelaw-enforcement or jail agency involved, by certified mail, of the finalaction regarding decertification.

F. Reinstatement after decertification. Any officer who is decertified may,after a period of not less than five years, petition the Board to beconsidered for reinstatement of certification.

(1994, cc. 850, 905, § 15.1-131.8:3; 1995, c. 112; 1997, c. 587.)