{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/40.1-57.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/40.1-57.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/40.1-57.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/40.1-57.html"}],"law_id":363475,"edition_id":2,"section_id":363475,"structure_id":51867,"section_number":"40.1-57","catch_line":"Appeal by employee from declaration of ineligibility","history":"Code 1950, \u00a7 40-67; 1970, c. 321.","full_text":"In the event that any such employee feels aggrieved by such declaration of ineligibility he may within ninety days after the date thereof appeal to the circuit court of the county or the circuit court of the city in which he was employed by filing a petition therein for a review of the matters of law and fact involved in or pertinent to the declaration of ineligibility. A copy of the petition shall be served upon or sent by registered mail to the official signing the declaration, who may file an answer thereto within ten days after receiving the same. The court or the judge thereof in vacation shall, as promptly as practicable, hear the appeal de novo and notify the employee and the signer of the declaration of ineligibility of the time and place of hearing. The court shall hear such testimony as may be adduced by the respective parties and render judgment in accordance with the law and the evidence. Such judgment shall be final.\n\n","order_by":null,"text":{"0":{"id":1354570,"text":"In the event that any such employee feels aggrieved by such declaration of ineligibility he may within ninety days after the date thereof appeal to the circuit court of the county or the circuit court of the city in which he was employed by filing a petition therein for a review of the matters of law and fact involved in or pertinent to the declaration of ineligibility. A copy of the petition shall be served upon or sent by registered mail to the official signing the declaration, who may file an answer thereto within ten days after receiving the same. The court or the judge thereof in vacation shall, as promptly as practicable, hear the appeal de novo and notify the employee and the signer of the declaration of ineligibility of the time and place of hearing. The court shall hear such testimony as may be adduced by the respective parties and render judgment in accordance with the law and the evidence. Such judgment shall be final.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":51867,"edition_id":2,"name":"Strikes by Government Employees","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":51865,"metadata":{"child_laws":4,"child_structures":0},"date_created":"2026-08-02 02:50:21","date_modified":"2026-08-02 12:33:24","permalink":{"id":1447407,"object_type":"structure","relational_id":51867,"identifier":"2","token":"40.1\/4\/2","url":"\/40.1\/4\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51865,"edition_id":2,"name":"Labor Unions, Strikes, Etc","identifier":"4","label":"chapter","depth":2,"order_by":7,"parent_id":51843,"metadata":{"child_laws":32,"child_structures":6},"date_created":"2026-08-02 02:50:21","date_modified":"2026-08-02 12:33:24","permalink":{"id":1447379,"object_type":"structure","relational_id":51865,"identifier":"4","token":"40.1\/4","url":"\/40.1\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51843,"edition_id":2,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":89,"parent_id":null,"metadata":{"child_laws":237,"child_structures":28},"date_created":"2026-08-02 02:49:54","date_modified":"2026-08-02 12:33:22","permalink":{"id":1446725,"object_type":"structure","relational_id":51843,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363470,"structure_id":51867,"section_number":"40.1-55","catch_line":"Employee striking terminates, and becomes temporarily ineligible for, public employment","url":"\/40.1-55\/","token":"40.1\/4\/2\/40.1-55","metadata":false},{"id":363471,"structure_id":51867,"section_number":"40.1-56","catch_line":"Department head, etc., to notify employee of such termination, etc","url":"\/40.1-56\/","token":"40.1\/4\/2\/40.1-56","metadata":false},{"id":363475,"structure_id":51867,"section_number":"40.1-57","catch_line":"Appeal by employee from declaration of ineligibility","url":"\/40.1-57\/","token":"40.1\/4\/2\/40.1-57","metadata":false},{"id":363472,"structure_id":51867,"section_number":"40.1-57.1","catch_line":"Appeal by employer for reemployment of terminated employee","url":"\/40.1-57.1\/","token":"40.1\/4\/2\/40.1-57.1","metadata":false}],"previous_section":{"id":363471,"structure_id":51867,"section_number":"40.1-56","catch_line":"Department head, etc., to notify employee of such termination, etc","url":"\/40.1-56\/","token":"40.1\/4\/2\/40.1-56","metadata":false},"next_section":{"id":363472,"structure_id":51867,"section_number":"40.1-57.1","catch_line":"Appeal by employer for reemployment of terminated employee","url":"\/40.1-57.1\/","token":"40.1\/4\/2\/40.1-57.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-57\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1970, chapter 321.<\/p>","references":false,"refers_to":false,"permalink":{"id":1447417,"object_type":"law","relational_id":363475,"identifier":"40.1-57","token":"40.1\/4\/2\/40.1-57","url":"\/40.1-57\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/40.1-57\/","token":"40.1\/4\/2\/40.1-57","dublin_core":{"Title":"Appeal by employee from declaration of ineligibility","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-57","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In the event that any such employee<\/span> feels aggrieved by such declaration of ineligibility he may within ninety days after the date thereof appeal<\/span> to the circuit<\/span> court<\/span> of the county or the circuit<\/span> court<\/span> of the city in which he was employed by filing a petition<\/span> therein for a review of the matters of law<\/span> and fact<\/span> involved in or pertinent to the declaration of ineligibility. A copy of the petition<\/span> shall be served upon or sent by registered mail to the official signing the declaration, who may file an answer thereto within ten days after receiving the same. The court<\/span> or the judge<\/span> thereof in vacation shall, as promptly as practicable, hear the appeal<\/span> de novo<\/span> and notify the employee<\/span> and the signer of the declaration of ineligibility of the time and place of hearing<\/span>. The court<\/span> shall hear such testimony<\/span> as may be adduced by the respective parties and render judgment<\/span> in accordance with the law<\/span> and the evidence<\/span>. Such judgment<\/span> shall be final.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL BY EMPLOYEE FROM DECLARATION OF INELIGIBILITY (\u00a7 40.1-57)\n\nIn the event that any such employee feels aggrieved by such declaration of\nineligibility he may within ninety days after the date thereof appeal to the\ncircuit court of the county or the circuit court of the city in which he was\nemployed by filing a petition therein for a review of the matters of law and\nfact involved in or pertinent to the declaration of ineligibility. A copy of the\npetition shall be served upon or sent by registered mail to the official signing\nthe declaration, who may file an answer thereto within ten days after receiving\nthe same. The court or the judge thereof in vacation shall, as promptly as\npracticable, hear the appeal de novo and notify the employee and the signer of\nthe declaration of ineligibility of the time and place of hearing. The court\nshall hear such testimony as may be adduced by the respective parties and render\njudgment in accordance with the law and the evidence. Such judgment shall be\nfinal.\n\nHISTORY: Code 1950, \u00a7 40-67; 1970, c. 321.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}