46.2-405 - How hearings to be conducted.
§ 46.2-405. How hearings to be conducted.
A. In any such hearing all relevant and material evidence shall be received,except that: (i) the rules relating to privileged communications andprivileged topics shall be observed; (ii) hearsay evidence shall be receivedonly according to the rules of evidence prevailing in courts of record; and(iii) secondary evidence of the contents of a document shall be received onlyif the original is not readily available.
B. All reports of inspectors and subordinates of the Department and otherrecords and documents in the possession of the Department bearing on the casesubject to the provisions of subsection A of this section shall be introducedat the hearing. Any certified copy of any conviction forwarded to theCommissioner under the provisions of § 46.2-383, shall be prima facieevidence of the conviction, and may be introduced in evidence.
C. Subject to the provisions of subsection A of this section, every partyshall have the right to cross-examine adverse witnesses and any inspector orsubordinate of the Department whose report is in evidence, and to submitrebuttal evidence.
D. The decision shall be based only on evidence received at the hearing andmatters of which a court of record could take judicial notice.
(Code 1950, § 46-422.1; 1952, c. 544; 1958, c. 541, § 46.1-433; 1989, c. 727.)