Bill Text: VA HB2497 | 2011 | Regular Session | Introduced
Bill Title: Towing and Recovery Operators, Board of; abolishes Board.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-03 - House: Passed by in Transportation with letter by voice vote [HB2497 Detail]
Download: Virginia-2011-HB2497-Introduced.html
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11104203D Be it enacted by the General Assembly of Virginia: 1. That §§ 2.2-4024 and 46.2-1217 of the Code of Virginia are amended and reenacted as follows: § 2.2-4024. Hearing officers. A. In all formal hearings conducted in accordance with § 2.2-4020, the hearing shall be presided over by a hearing officer selected from a list prepared by the Executive Secretary of the Supreme Court and maintained in the Office of the Executive Secretary of the Supreme Court. Parties to informal fact-finding proceedings conducted pursuant to § 2.2-4019 may agree at the outset of the proceeding to have a hearing officer preside at the proceeding, such agreement to be revoked only by mutual consent. The Executive Secretary may promulgate rules necessary for the administration of the hearing officer system and shall have the authority to establish the number of hearing officers necessary to preside over administrative hearings in the Commonwealth. Prior to being included on the list, all hearing officers shall meet the following minimum standards: 1. Active membership in good standing in the Virginia State Bar; 2. Active practice of law for at least five years; and 3. Completion of a course of training approved by the Executive Secretary of the Supreme Court. In order to comply with the demonstrated requirements of the agency requesting a hearing officer, the Executive Secretary may require additional training before a hearing officer shall be assigned to a proceeding before that agency. B. On request from the head of an agency, the Executive Secretary shall name a hearing officer from the list, selected on a rotation system administered by the Executive Secretary. Lists reflecting geographic preference and specialized training or knowledge shall be maintained by the Executive Secretary if an agency demonstrates the need. C. A hearing officer shall voluntarily disqualify himself and withdraw from any case in which he cannot accord a fair and impartial hearing or consideration, or when required by the applicable rules governing the practice of law in the Commonwealth. Any party may request the disqualification of a hearing officer by filing an affidavit, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded, or the applicable rule of practice requiring disqualification. The issue shall be determined not less than ten days prior to the hearing by the Executive Secretary of the Supreme Court. D. Any hearing officer empowered by the agency to provide a recommendation or conclusion in a case decision matter shall render that recommendation or conclusion within ninety days from the date of the case decision proceeding or from a later date agreed to by the named party and the agency. If the hearing officer does not render a decision within ninety days, then the named party to the case decision may provide written notice to the hearing officer and the Executive Secretary of the Supreme Court that a decision is due. If no decision is made within thirty days from receipt by the hearing officer of the notice, then the Executive Secretary of the Supreme Court shall remove the hearing officer from the hearing officer list and report the hearing officer to the Virginia State Bar for possible disciplinary action, unless good cause is shown for the delay. E. The Executive Secretary shall remove hearing officers from the list, upon a showing of cause after written notice and an opportunity for a hearing. When there is a failure by a hearing officer to render a decision as required by subsection D, the burden shall be on the hearing officer to show good cause for the delay. Decisions to remove a hearing officer may be reviewed by a request to the Executive Secretary for reconsideration, followed by judicial review in accordance with this chapter. F. This section shall not apply to hearings conducted by (i)
any commission or board where all of the members, or a quorum, are present;
(ii) the Alcoholic Beverage Control Board, the Virginia Workers' Compensation
Commission, the State Corporation Commission, the Virginia Employment
Commission, the Department of Motor Vehicles under Title 46.2 (§ 46.2-100 et
seq.), § 58.1-2409, or Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1, or the Motor Vehicle Dealer
Board under Chapter 15 (§ 46.2-1500 et seq.) of Title 46.2 G. Notwithstanding the exemptions of subsection A of § 2.2-4002, this article shall apply to hearing officers conducting hearings of the kind described in § 2.2-4020 for the Department of Game and Inland Fisheries, the Virginia Housing Development Authority, the Milk Commission and the Virginia Resources Authority pursuant to their basic laws. § 46.2-1217. Local governing body may regulate certain towing. The governing body of any county, city, or town by ordinance
may regulate services rendered pursuant to police towing requests by any
business engaged in the towing or storage of unattended, abandoned, or immobile
vehicles. The ordinance may include delineation of service areas for towing
services, the limitation of the number of persons engaged in towing services in
any area, including the creation of one or more exclusive service areas, and
the specification of equipment to be used for providing towing service. The
governing body of any county, city, or town may contract for services rendered
pursuant to a police towing request with one or more businesses engaged in the
towing or storage of unattended, abandoned, or immobile vehicles. The contract
may specify the fees or charges to be paid by the owner or operator of a towed
vehicle to the person undertaking its towing or storage and may prescribe the
geographical area to be served by each person providing towing services. The
county, city, or town may establish criteria for eligibility of persons to
enter into towing services contracts and, in its discretion, may itself provide
exclusive towing and storage service for police-requested towing of unattended,
abandoned, or immobile vehicles. Prior to adopting an ordinance or entering into a contract pursuant to this section, the local governing body shall appoint an advisory board to advise the governing body with regard to the appropriate provisions of the ordinance or terms of the contract. The advisory board shall include representatives of local law-enforcement agencies, towing and recovery operators, and the general public. "Police-requested towing" or "police towing
request," as used in this section, includes all requests made by a
law-enforcement officer of the county, city, or town or by a State Police
officer within the county, city, or town pursuant to this article or Article 2
(§ 46.2-1209 et seq.) If an unattended, abandoned, or immobile vehicle is located so as to impede the free flow of traffic on a highway declared by resolution of the Commonwealth Transportation Board to be a portion of the interstate highway system and a law-enforcement officer determines, in his discretion, that the business or businesses authorized to undertake the towing or storage of the vehicle pursuant to an ordinance or contract adopted pursuant to this section cannot respond in a timely manner, the law-enforcement officer may request towing or storage service from a towing or storage business other than those authorized by such ordinance or contract. If an unattended, abandoned, or immobile vehicle is towed as the result of a police-towing request, the owner or person having control of the business or property to which the vehicle is towed shall allow the owner of the vehicle or any other towing and recovery business, upon presentation of a written request therefor from the owner of the vehicle, to have access to the vehicle for the purpose of inspecting or towing the vehicle to another location for the purpose of repair, storage, or disposal. For the purpose of this section, "owner of the vehicle" means a person who (i) has vested ownership, dominion, or title to the vehicle; (ii) is the authorized agent of the owner as defined in clause (i); or (iii) is an employee, agent, or representative of an insurance company representing any party involved in a collision that resulted in a police-requested tow who represents in writing that the insurance company has obtained the oral or written consent of the title owner or his agent or the lessee of the vehicle to obtain possession of the vehicle. It shall be unlawful for any towing and recovery business to refuse to release a vehicle to the owner as defined in this section upon tender of full payment for all lawful charges by cash, insurance company check, certified check, money order, at least one of two commonly used, nationally recognized credit cards, or additional methods of payment approved by the Commonwealth Transportation Board. Thereafter, if a towing and recovery business refuses to release the vehicle, future charges related to storage or handling of the vehicle by such towing and recovery business shall be suspended and no longer payable. The vehicle owner who has vested ownership, dominion, or title to the vehicle shall indemnify and hold harmless the towing and recovery operator from any and all liability for releasing the vehicle to any vehicle owner as defined in this section for inspecting or towing the vehicle to another location for the purpose of repair, storage, or disposal. 2. That Chapter 28 (§§ 46.2-2800 through 46.2-2828) of Title 46.2 of the Code of Virginia is repealed. 3. That the regulations of the Board of Towing and Recovery Operators promulgated pursuant to Chapter 28 of Title 46.2 of the Code of Virginia shall have no effect. |
