2.2-3005.1 - Scope of hearing officer's decision; agency cooperation; cost of hearing; decision of hearing officer.
§ 2.2-3005.1. Scope of hearing officer's decision; agency cooperation; costof hearing; decision of hearing officer.
A. For those issues qualified for a hearing, the hearing officer may orderappropriate remedies. Relief may include (i) reinstatement, (ii) back pay,(iii) full reinstatement of fringe benefits and seniority rights, (iv)mitigation or reduction of the agency disciplinary action, or (v) anycombination of these remedies. In grievances challenging discharge, if thehearing officer finds that the employee has substantially prevailed on themerits of the grievance, the employee shall be entitled to recover reasonableattorneys' fees, unless special circumstances would make an award unjust. Allawards of relief, including attorneys' fees, by a hearing officer must be inaccordance with rules established by the Department of Employment DisputeResolution.
B. The agency from which the grievance arises shall bear the costs for thehearing officer and other associated hearing expenses including thegrievant's attorneys' fees that the hearing officer may award.
C. The decision of the hearing officer shall (i) be in writing, (ii) containfindings of fact as to the material issues in the case and the basis forthose findings, including any award of reasonable attorneys' fees pursuant tothis section, and (iii) be final and binding if consistent with law andpolicy.
D. The provisions of this section relating to the award of attorneys' feesshall not apply to any local government or agency thereof that is otherwisesubject to the grievance procedure set forth in this chapter.
(2004, c. 674.)