54.1-110 - Presiding officer; participation of board in hearing; disqualification of board member. - Virginia Statutes

§ 54.1-110. Presiding officer; participation of board in hearing;disqualification of board member.

A. Every hearing in a contested case shall be conducted in accordance withthe provisions of the Administrative Process Act (§ 2.2-4000 et seq.). When ahearing officer presides, the regulatory board shall determine whether thehearing officer is to hear the case alone or with a panel of a healthregulatory board convened pursuant to § 54.1-2400 or whether the board is tohear the case with the hearing officer.

B. A board member shall disqualify himself and withdraw from any case inwhich he cannot accord fair and impartial consideration. Any party mayrequest the disqualification of any board member by stating withparticularity the grounds upon which it is claimed that fair and impartialconsideration cannot be accorded. The remaining members of the board or panelshall determine whether the individual should be disqualified.

(1979, c. 408, § 54-1.37; 1986, c. 615; 1988, c. 765; 1992, c. 659.)