Subpoenas; witnesses; designation of subordinates (§ 36-115)—Virginia Decoded

Subpoenas; witnesses; designation of subordinates

In any matter before it on appeal for hearing and determination, the Review Board, or its designated subordinates, may compel the attendance of all needed witnesses in like manner as a circuit court, save the Review Board shall not have the power of imprisonment. In taking evidence, the chairman or any member of the Review Board, or its designated subordinates, shall have the power to administer oaths to witnesses. Where a designated subordinate of the Review Board presides over hearings on appeals, such subordinate shall submit recommended findings and a decision to the Review Board pursuant to § 2.2-4020.

History

1972, c. 829; 1977, c. 423; 1996, c. 620.

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Court Decisions

. . . George J. Hemelt Theresa G. Hemelt v. United States of . . . (Court of Appeals for the Fourth Circuit, 08/07/97)
. . . also Commissioner v. Schleier, 515 U.S. 323, 335-36, 115 S.Ct. 2159, 2167, 132 L.Ed.2d 294 (1995). . . .

Teleguz v. Com. (SCV, 04/20/07)
. . . review. Id.; Kyles v. Whitley, 514 U.S. 419, 435-36, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995). . . .

Derek A. Ross v. Vincent R. Bryan (Court of Appeals for the Fourth Circuit, 10/31/02)
. . . Gutierrez de Martinez v. Lamagno, 515 U.S. at 435-36, 115 S.Ct. 2227 (plurality opinion)). . . .

. . . Christy Brzonkala v. Virginia Polytechnic Institute and . . . (Court of Appeals for the Fourth Circuit, 03/05/99)
. . . bearing directly on these links); id. at 634-36, 115 S.Ct. 1624 (listing other governmental . . .

United States v. Richard J. Rizzi (Court of Appeals for the Fourth Circuit, 01/09/06)
. . . see also Wilson v. Arkansas, 514 U.S. 927, 934-36, 115 S.Ct. 1914, 131 L.Ed.2d 976 (1995) (holding . . .

. . . Timothy Lanier Allen v. R.C. Lee, Warden, Central Prison, . . . (Court of Appeals for the Fourth Circuit, 04/28/04)
. . . standard. Kyles v. Whitley, 514 U.S. 419, 435-36, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995). Under the . . .

Tuma v. Com. (COA, 06/12/12)
. . . reviewing for harmless error. Kyles, 514 U.S. at 434-36, 115 S.Ct. at 1565-67. However, it is . . .

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