40.1-57 - Appeal by employee from declaration of ineligibility. - Virginia Statutes

§ 40.1-57. Appeal by employee from declaration of ineligibility.

In the event that any such employee feels aggrieved by such declaration ofineligibility he may within ninety days after the date thereof appeal to thecircuit court of the county or the circuit court of the city in which he wasemployed by filing a petition therein for a review of the matters of law andfact involved in or pertinent to the declaration of ineligibility. A copy ofthe petition shall be served upon or sent by registered mail to the officialsigning the declaration, who may file an answer thereto within ten days afterreceiving the same. The court or the judge thereof in vacation shall, aspromptly as practicable, hear the appeal de novo and notify the employee andthe signer of the declaration of ineligibility of the time and place ofhearing. The court shall hear such testimony as may be adduced by therespective parties and render judgment in accordance with the law and theevidence. Such judgment shall be final.

(Code 1950, § 40-67; 1970, c. 321.)