Virginia Code 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 and privileged topics shall be observed; (ii) hearsay evidence shall be received only according to the rules of evidence prevailing in courts of record; and (iii) secondary evidence of the contents of a document shall be received only if the original is not readily available.
Terms Used In Virginia Code 46.2-405
- Conviction: A judgement of guilt against a criminal defendant.
- Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
B. All reports of inspectors and subordinates of the Department and other records and documents in the possession of the Department bearing on the case subject to the provisions of subsection A of this section shall be introduced at the hearing. Any certified copy of any conviction forwarded to the Commissioner under the provisions of § 46.2-383, shall be prima facie evidence of the conviction, and may be introduced in evidence.
C. Subject to the provisions of subsection A of this section, every party shall have the right to cross-examine adverse witnesses and any inspector or subordinate of the Department whose report is in evidence, and to submit rebuttal evidence.
D. The decision shall be based only on evidence received at the hearing and matters 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.