CODE OF VIRGINIA

APPEAL FROM DECISION OF HEARING OFFICER (§ 63.2-1943)

An appeal may be taken by filing a written notice of appeal with the clerk of
the court having proper jurisdiction to review the decision of the hearing
officer. The clerk shall send reasonable notice of such appeal, which shall
include the date and time of the hearing, to the appellee or to the Department
when, at the request of another state’s child support agency, it is acting
on behalf of a nonresident obligee. A nonresident obligee for whom the
Department is acting is not required to appear at the hearing. Evidence relative
to the support obligation may be taken from a nonresident obligee by deposition
and presented by the Department at the hearing. Such appeal shall be taken
within ten days of receipt of the hearing officer’s decision.From the
decision of the hearing officer provided for in clause (iii) of subsection B of
§ 63.2-1924, and §§ 63.2-1916, 63.2-1929, and 63.2-1942 there shall be an
appeal de novo to the juvenile and domestic relations district court of the
jurisdiction wherein the appellant resides. If the appellant is a nonresident,
venue on appeal shall be where the appellee resides. If both the appellant and
the appellee are nonresidents, venue shall be where the property of the obligor
is located or where the place of business of the obligor’s employer is
located; if more than one venue is available, then the appellant shall elect the
place of venue.An appeal shall be to the circuit court with respect to
determinations under the Setoff 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 with respect to federal income tax set-off actions.

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