Hearings FAQs
Frequently Asked Questions about the ABC Administrative Hearing Process
Administrative hearings are generally of two types: (1) Application - to obtain an ABC license, and (2) Disciplinary - to determine whether a licensee has violated one or more ABC laws and regulations.
Below are the most frequently asked questions about the hearings, appeals and Board Order process.
What do I need to do if I need a continuance before a hearing?
A hearing participant should contact the Chief Hearing Officer, Robert S. O'Neal, at (804) 213-4566, to request a continuance for a hearing.
Are there alternatives to the disciplinary hearing process?
One of two settlement options may eliminate the need for a hearing in disciplinary cases: consent settlements and offers in compromise.
What is a consent settlement? (A settlement offer initiated by ABC)
The chief hearing officer initiates a consent settlement in writing. The licensee admits the alleged violation(s) and accepts a monetary penalty and/or suspension of the ABC license. The licensee thus waives the right to a hearing and an appeal. All settlements must be approved by the ABC Board.
What is an offer-in-compromise? (A settlement offer initiated by a licensee or attorney)
The licensee initiates an offer-in-compromise by admitting to the alleged violation(s) and proposing a monetary penalty and/or suspension of the ABC license in a written proposal submitted directly to the ABC Board in Richmond. The Board will either accept or reject the offer. If it is rejected, the licensee may submit a second offer to the Board, or appear at the hearing on the appointed date. If you have any questions about offers-in-compromise, please contact hearings at (804) 213-4444.
Where is the hearing held?
A hearing officer conducts the hearing in or near the locality in which the licensee's or applicant's business is located. The hearing is usually held at an ABC Regional Office.
When will I be notified of the hearing?
Written notice is sent to the participants about three weeks before the hearing. The notice contains the date, time, hearing location as well as the objections/charges to be heard.
Do I need a lawyer at the hearing?
Parties may be represented by an attorney, but that is not required. If you intend to retain a lawyer, do so as soon as possible after you are notified of the violation. You may have your lawyer contact the Chief Hearing Officer, Robert S. O'Neal, at (804) 213-4566 or by faxed letter to (804) 213-4731.
What is the role of the Hearing Officer at the hearing?
The hearing officer conducts the hearing in a fair and impartial manner while assuring that all relevant and material information is presented in order to make a reasoned decision.
What evidence can be presented at the hearing?
All evidence pertaining to the objections/charges should be presented. Each interested party will have the opportunity to question witnesses, present evidence and offer argument in support of his/her case.
Are witnesses sworn in?
All witnesses testify under oath.
Is the hearing documented?
The hearing is recorded word-for-word by a hearing reporter.
Who can attend the hearing?
ABC hearings are open to the public.
How do I find out about the decision of the hearing officer?
After the hearing, the hearing officer will mail the involved parties a written report detailing the decision; this is called an initial decision.
Can I appeal the initial decision of the hearing officer?
Yes. The party interested in appealing the case must submit a letter to the ABC Board or the chief hearing officer within 30 days after the mailing date of the decision. This appeals period was extended by regulation from 10 to 30 days in 2001.
Who can appeal the decision of the hearing officer?
An applicant, licensee or other interested party can appeal the decision of the hearing officer to the ABC Board.
Where will the appeal hearing be held?
The ABC Board will hear the case at the ABC Central Office at 2901 Hermitage Road, Richmond, Virginia 23220.
What type of evidence can be presented at an appeal hearing?
None, unless the Board grants a motion to take additional evidence. Such a motion should be submitted for a ruling by the Board prior to the appeal hearing. The parties may argue their position based on evidence introduced previously at the hearing conducted by the hearing officer.
Is the decision of the ABC Board final?
Yes. However, the Board's decisions may be appealed to the local Circuit Court and, if needed, to the Virginia Court of Appeals.
What if I have other questions?
Persons having additional questions may contact the Hearings and Appeals Office at (804) 213-4444 or one of the regional ABC Enforcement offices. The Laws & Enforcement section of this Web site lists contact information for Enforcement offices.