Virginia Code 63.2-915: Appeals to Commissioner
A. The following individuals shall have the right to file an appeal with the Commissioner: (i) pursuant to § 63.2-900.1, any individual whose request to become a kinship foster parent or (ii) pursuant to 42 U.S.C. § 671(a)(12), any individual whose claim for benefits available pursuant to 42 U.S.C. § 670 et seq. or whose claim for benefits pursuant to § 63.2-905 is denied or is not acted upon by the local department with reasonable promptness.
Terms Used In Virginia Code 63.2-915
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the Commissioner of the Department, his designee or authorized representative. See Virginia Code 63.2-100
- Department: means the State Department of Social Services. See Virginia Code 63.2-100
- 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.
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
- Local board: means the local board of social services representing one or more counties or cities. See Virginia Code 63.2-100
- Local director: means the director or his designated representative of the local department of the city or county. See Virginia Code 63.2-100
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
B. The Commissioner shall provide an opportunity for a hearing, reasonable notice of which shall be given in writing to the applicant or recipient and to the proper local board in such manner and form as the Commissioner may prescribe. The Commissioner may make or cause to be made an investigation of the facts. The Commissioner shall give fair and impartial consideration to testimony of witnesses, or other evidence produced at the hearing, reports by the local board and local director or of investigations made or caused to be made by the Commissioner, or any facts that the Commissioner may deem proper to enable him to decide fairly the appeal or review. The decision of the Commissioner shall be binding and considered a final agency action for purposes of judicial review of such action pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
C. The Commissioner may delegate the duty and authority to consider and make determinations on any appeal filed in accordance with this section to duly qualified officers.
D. The Board shall promulgate regulations to implement the provisions of this section. Such regulations shall require that upon receiving a request for an appeal regarding kinship foster care, (i) a hearing be conducted as soon as practicable and (ii) a decision be rendered within no more than 90 days.