22 Va. Admin. Code § 40-920-40 - Final decision by the commissioner

A. If the local department timely files a notice of appeal, the commissioner shall provide an opportunity for a hearing at a time, date, location, and in a manner to be determined by the commissioner. A written notice of the hearing shall be given to the local department at least five calendar days before the hearing.

1. The local department is entitled to be represented by counsel at all hearings and meetings related to appeals.

2. The local department will forfeit its right to further its appeal if it fails to show for the hearing, unless the commissioner approves the local department's request to reschedule the hearing.

B. The commissioner shall issue a final decision within 60 calendar days following the date the local department filed its objection with the commissioner. The final decision shall be based on the commissioner's review of the recovery details in addition to the evidence, information, and documentation provided by the local department pertaining to the recovery being appealed. The final decision shall be made in accordance with all applicable laws, regulations, and policies.

C. The final decision of the commissioner is (i) final, (ii) binding, and (iii) not subject to judicial review.

D. The local department shall implement the decision within 30 calendar days of the date of the final decision.

Notes

22 Va. Admin. Code § 40-920-40

Derived from Virginia Register Volume 38, Issue 12, eff. 3/4/2022.

Statutory Authority: § 63.1-217 of the Code of Virginia; 2 CFR 200.341.