63.2-1943 - Appeal from decision of hearing officer. - Virginia Statutes

§ 63.2-1943. Appeal from decision of hearing officer.

An appeal may be taken by filing a written notice of appeal with the clerk ofthe court having proper jurisdiction to review the decision of the hearingofficer. The clerk shall send reasonable notice of such appeal, which shallinclude the date and time of the hearing, to the appellee or to theDepartment when, at the request of another state's child support agency, itis acting on behalf of a nonresident obligee. A nonresident obligee for whomthe Department is acting is not required to appear at the hearing. Evidencerelative to the support obligation may be taken from a nonresident obligee bydeposition and presented by the Department at the hearing. Such appeal shallbe taken within ten days of receipt of the hearing officer's decision.

From the decision of the hearing officer provided for in clause (iii) ofsubsection B of § 63.2-1924, and §§ 63.2-1916, 63.2-1929, and 63.2-1942 thereshall be an appeal de novo to the juvenile and domestic relations districtcourt of the jurisdiction wherein the appellant resides. If the appellant isa nonresident, venue on appeal shall be where the appellee resides. If boththe appellant and the appellee are nonresidents, venue shall be where theproperty of the obligor is located or where the place of business of theobligor's employer is located; if more than one venue is available, then theappellant shall elect the place of venue.

An appeal shall be to the circuit court with respect to determinations underthe Set-off Debt Collection Act pursuant to Article 21 (§ 58.1-520 et seq.)of Chapter 3 of Title 58.1 concerning state income tax overpayments and withrespect to federal income tax set-off actions.

(1984, c. 652, § 63.1-268.1; 1987, c. 640; 1988, c. 906; 1990, c. 896; 1991,c. 183; 2002, c. 747.)