CODE OF VIRGINIA

NOTICE OF DECERTIFICATION (§ 15.2-1708)

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

B. Decertification hearing. Any law-enforcement or jail officer who has been
decertified 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 for the
hearing within sixty days and serve notice by certified mail upon the affected
officer. The Board, or a committee thereof, shall conduct such hearing. The
affected officer may be represented by counsel. In the absence of 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 jail officer
under § 15.2-1707 shall be sustained by the Board unless such law-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 final
decision within thirty days.

E. Notice of final action. The Board shall notify the officer and the
law-enforcement or jail agency involved, by certified mail, of the final action
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 be considered
for reinstatement of certification.

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