{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/9.1-510.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/9.1-510.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/9.1-510.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/9.1-510.html"}],"law_id":378725,"edition_id":2,"section_id":378725,"structure_id":53817,"section_number":"9.1-510","catch_line":"Hearing; recommendations","history":"2018, cc. 761, 762.","full_text":"A\n\nWhenever a correctional officer is dismissed, demoted, suspended without pay, or transferred for punitive reasons, he may, within a reasonable amount of time following such action, as set by the agency, request a hearing. If such request is timely made, a hearing shall be held within a reasonable amount of time set by the agency. The hearing shall be set no later than 14 calendar days following the date of request, unless a later date is agreed to by the correctional officer.\n\nB\n\nAt the hearing, the correctional officer and the agency shall have the opportunity to present evidence and to examine and cross-examine witnesses. The correctional officer shall also be given the opportunity to be represented by counsel or a representative at the hearing.\n\nC\n\nThe hearing shall be conducted by a panel consisting of one member from within the agency selected by the grievant, one member from within the agency appointed by the agency head, and a third member selected by the other two members. These members shall be security officers of no more than three ranks above the rank of the grievant. If there is no agreement on a third member, the third member shall be chosen by the chief circuit court judge of the circuit where the correctional officer is employed. The hearing panel may issue subpoenas to compel witness testimony at the request of either the correctional officer or the agency. The hearing panel shall rule on the admissibility of evidence. A record shall be made of the hearing.\n\nD\n\nAt the option of the agency, it may, in lieu of complying with the provisions of § 9.1-509, (i) give the correctional officer a written statement of the charges and the basis for them, and the action that may be taken, and (ii) provide a hearing as provided for in this section prior to dismissing, demoting, suspending, or transferring the correctional officer for disciplinary reasons.\n\nE\n\nThe recommendations of the hearing panel and the reasons therefor shall be made in writing and transmitted promptly to the correctional officer or his counsel and to the agency. Such recommendations shall be advisory only but shall be accorded significant weight.\n\nF\n\nNo provision of this section shall apply to correctional officers dismissed, demoted, suspended without pay, or transferred for punitive reasons as a result of a criminal conviction.\n\n","order_by":null,"text":{"0":{"id":1414404,"text":"Whenever a correctional officer is dismissed, demoted, suspended without pay, or transferred for punitive reasons, he may, within a reasonable amount of time following such action, as set by the agency, request a hearing. If such request is timely made, a hearing shall be held within a reasonable amount of time set by the agency. The hearing shall be set no later than 14 calendar days following the date of request, unless a later date is agreed to by the correctional officer.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1414405,"text":"At the hearing, the correctional officer and the agency shall have the opportunity to present evidence and to examine and cross-examine witnesses. The correctional officer shall also be given the opportunity to be represented by counsel or a representative at the hearing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1414406,"text":"The hearing shall be conducted by a panel consisting of one member from within the agency selected by the grievant, one member from within the agency appointed by the agency head, and a third member selected by the other two members. These members shall be security officers of no more than three ranks above the rank of the grievant. If there is no agreement on a third member, the third member shall be chosen by the chief circuit court judge of the circuit where the correctional officer is employed. The hearing panel may issue subpoenas to compel witness testimony at the request of either the correctional officer or the agency. The hearing panel shall rule on the admissibility of evidence. A record shall be made of the hearing.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1414407,"text":"At the option of the agency, it may, in lieu of complying with the provisions of § 9.1-509, (i) give the correctional officer a written statement of the charges and the basis for them, and the action that may be taken, and (ii) provide a hearing as provided for in this section prior to dismissing, demoting, suspending, or transferring the correctional officer for disciplinary reasons.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1414408,"text":"The recommendations of the hearing panel and the reasons therefor shall be made in writing and transmitted promptly to the correctional officer or his counsel and to the agency. Such recommendations shall be advisory only but shall be accorded significant weight.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":1414409,"text":"No provision of this section shall apply to correctional officers dismissed, demoted, suspended without pay, or transferred for punitive reasons as a result of a criminal conviction.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":53817,"edition_id":2,"name":"Correctional Officer Procedural Guarantee Act","identifier":"5.1","label":"chapter","depth":2,"order_by":6,"parent_id":53785,"metadata":{"child_laws":5,"child_structures":0},"date_created":"2026-08-02 03:22:44","date_modified":"2026-08-02 12:28:42","permalink":{"id":1512417,"object_type":"structure","relational_id":53817,"identifier":"5.1","token":"9.1\/5.1","url":"\/9.1\/5.1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53785,"edition_id":2,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":36,"parent_id":null,"metadata":{"child_laws":258,"child_structures":36},"date_created":"2026-08-02 03:22:17","date_modified":"2026-08-02 12:28:39","permalink":{"id":1511489,"object_type":"structure","relational_id":53785,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":378723,"structure_id":53817,"section_number":"9.1-508","catch_line":"Definitions","url":"\/9.1-508\/","token":"9.1\/5.1\/9.1-508","metadata":false},{"id":378724,"structure_id":53817,"section_number":"9.1-509","catch_line":"Conduct of investigation; notice of charges","url":"\/9.1-509\/","token":"9.1\/5.1\/9.1-509","metadata":false},{"id":378725,"structure_id":53817,"section_number":"9.1-510","catch_line":"Hearing; recommendations","url":"\/9.1-510\/","token":"9.1\/5.1\/9.1-510","metadata":false},{"id":378726,"structure_id":53817,"section_number":"9.1-511","catch_line":"Immediate suspension","url":"\/9.1-511\/","token":"9.1\/5.1\/9.1-511","metadata":false},{"id":378727,"structure_id":53817,"section_number":"9.1-512","catch_line":"Informal counseling not prohibited","url":"\/9.1-512\/","token":"9.1\/5.1\/9.1-512","metadata":false}],"previous_section":{"id":378724,"structure_id":53817,"section_number":"9.1-509","catch_line":"Conduct of investigation; notice of charges","url":"\/9.1-509\/","token":"9.1\/5.1\/9.1-509","metadata":false},"next_section":{"id":378726,"structure_id":53817,"section_number":"9.1-511","catch_line":"Immediate suspension","url":"\/9.1-511\/","token":"9.1\/5.1\/9.1-511","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-510\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapters 761<\/a> and 762<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":378724,"section_number":"9.1-509","catch_line":"Conduct of investigation; notice of charges","order_by":null,"url":"\/9.1-509\/"}],"permalink":{"id":1512427,"object_type":"law","relational_id":378725,"identifier":"9.1-510","token":"9.1\/5.1\/9.1-510","url":"\/9.1-510\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/9.1-510\/","token":"9.1\/5.1\/9.1-510","dublin_core":{"Title":"Hearing; recommendations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-510","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever a correctional officer<\/span> is dismissed, demoted, suspended without pay, or transferred for punitive reasons, he may, within a reasonable amount of time following such action, as set by the agency, request a hearing<\/span>. If such request is timely made, a hearing<\/span> shall be held within a reasonable amount of time set by the agency. The hearing<\/span> shall be set no later than 14 calendar days following the date of request, unless a later date is agreed to by the correctional officer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At the hearing<\/span>, the correctional officer<\/span> and the agency shall have the opportunity to present evidence<\/span> and to examine and cross-examine witnesses. The correctional officer<\/span> shall also be given the opportunity to be represented by counsel<\/span> or a representative at the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The hearing<\/span> shall be conducted by a panel<\/span> consisting of one member from within the agency selected by the grievant, one member from within the agency appointed by the agency head, and a third member selected by the other two members. These members shall be security officers of no more than three ranks above the rank of the grievant. If there is no agreement on a third member, the third member shall be chosen by the chief circuit<\/span> court<\/span> judge<\/span> of the circuit<\/span> where the correctional officer<\/span> is employed. The hearing<\/span> panel<\/span> may issue<\/span> subpoenas<\/span> to compel witness<\/span> testimony<\/span> at the request of either the correctional officer<\/span> or the agency. The hearing<\/span> panel<\/span> shall rule on the admissibility of evidence<\/span>. A record shall be made of the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At the option of the agency, it may, in lieu of complying with the provisions of § 9.1-509<\/a>, (i) give the correctional officer<\/span> a written statement of the charges and the basis for them, and the action that may be taken, and (ii) provide a hearing<\/span> as provided for in this section prior to dismissing, demoting, suspending, or transferring the correctional officer<\/span> for disciplinary reasons. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The recommendations of the hearing<\/span> panel<\/span> and the reasons therefor shall be made in writing and transmitted promptly to the correctional officer<\/span> or his counsel<\/span> and to the agency. Such recommendations shall be advisory only but shall be accorded significant weight. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No provision of this section shall apply to correctional officers<\/span> dismissed, demoted, suspended without pay, or transferred for punitive reasons as a result of a criminal conviction<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARING; RECOMMENDATIONS (\u00a7 9.1-510)\n\nA. Whenever a correctional officer is dismissed, demoted, suspended without pay,\nor transferred for punitive reasons, he may, within a reasonable amount of time\nfollowing such action, as set by the agency, request a hearing. If such request\nis timely made, a hearing shall be held within a reasonable amount of time set\nby the agency. The hearing shall be set no later than 14 calendar days following\nthe date of request, unless a later date is agreed to by the correctional\nofficer.\n\nB. At the hearing, the correctional officer and the agency shall have the\nopportunity to present evidence and to examine and cross-examine witnesses. The\ncorrectional officer shall also be given the opportunity to be represented by\ncounsel or a representative at the hearing.\n\nC. The hearing shall be conducted by a panel consisting of one member from\nwithin the agency selected by the grievant, one member from within the agency\nappointed by the agency head, and a third member selected by the other two\nmembers. These members shall be security officers of no more than three ranks\nabove the rank of the grievant. If there is no agreement on a third member, the\nthird member shall be chosen by the chief circuit court judge of the circuit\nwhere the correctional officer is employed. The hearing panel may issue\nsubpoenas to compel witness testimony at the request of either the correctional\nofficer or the agency. The hearing panel shall rule on the admissibility of\nevidence. A record shall be made of the hearing.\n\nD. At the option of the agency, it may, in lieu of complying with the provisions\nof § 9.1-509, (i) give the correctional officer a written statement of the\ncharges and the basis for them, and the action that may be taken, and (ii)\nprovide a hearing as provided for in this section prior to dismissing, demoting,\nsuspending, or transferring the correctional officer for disciplinary reasons.\n\nE. The recommendations of the hearing panel and the reasons therefor shall be\nmade in writing and transmitted promptly to the correctional officer or his\ncounsel and to the agency. Such recommendations shall be advisory only but shall\nbe accorded significant weight.\n\nF. No provision of this section shall apply to correctional officers dismissed,\ndemoted, suspended without pay, or transferred for punitive reasons as a result\nof a criminal conviction.\n\nHISTORY: 2018, cc. 761, 762.","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"}}