A hearing decision must be consistent with law and policy. A hearing decision is subject to administrative and judicial review. Once the administrative review phase has concluded, the hearing decision becomes final and is subject to judicial review.

1. Administrative Review of Hearing Decisions
   A hearing officer’s original decision is subject to three types of administrative review. A party may make more than one type of request for review. However, all requests for review must be made in writing, and received by the administrative reviewer, within 15 calendar days of the date of the original hearing decision. A copy of the requests must be provided to the other party.
   

   1. A request to reconsider a decision or reopen a hearing is made to the hearing officer. This request must state the basis for such request; generally, newly discovered evidence or evidence of incorrect legal conclusions is the basis for such a request.
      
   2. A challenge that the hearing decision is inconsistent with state or agency policy is made to the Director of the Department of Human Resources Management. This request must cite to a particular mandate in state or agency policy. The Director’s authority is limited to ordering the hearing officer to revise the decision to conform it to written policy. Requests should be sent to the Director of the Department of Human Resources Management, 101 N. 14th Street, 12th Floor, Richmond, Virginia 23219 or faxed to (804) 371-7401.
      
   3. A challenge that the hearing decision does not comply with the grievance procedure is made to the Director of EDR. This request must state the specific requirement of the grievance procedure with which the hearing decision is not in compliance. The Director’s authority is limited to ordering the hearing officer to revise the decision so that it complies with the grievance procedure. Requests should be sent to the EDR Director, Main Street Centre, 600 East Main, Suite 301, Richmond, VA 23219 or faxed to (804) 786-0111.
      If multiple requests for administrative review are pending, a hearing officer’s decision on reconsideration or reopening should be issued before any decisions are issued by the Director of Human Resources Management or the EDR Director.
      The hearing officer should issue a written decision on a request for reconsideration or reopening within 15 calendar days of receiving the request.
      The Director of Human Resources Management and the Director of EDR should issue a written decision on a request for administrative review within 30 calendar days of receiving the request or within 15 calendar days of receiving the hearing officer’s decision on a request for reconsideration or reopening, whichever is longer. If the Director of Human Resources Management or the Director of EDR orders the hearing officer to revise his decision, he should issue a written decision within 15 calendar days of receiving the order.

   
   
2. Final Hearing Decisions
   A hearing officer’s decision becomes a final hearing decision, with no further possibility of administrative review, when:
   

   1. The 15 calendar day period for filing requests for administrative review has expired and neither party has filed such a request; or
      
   2. All timely requests for administrative review have been decided and, if ordered by EDR or the Department of Human Resources Management, the hearing officer has issued a revised decision.
      Once the hearing decision becomes final, the hearing officer must forward the hearing record to the agency. The record consists of:
      
      • The original Form A.
        
      • Attachments to the Form A.
        
      • Qualification determinations by the agency head, the EDR Director, or the Circuit Court.
        
      • Tape recording of the hearing (verbatim).
        
      • Exhibits either proffered or received in evidence.
        
      • Hearing officer's decision(s), including any original, revised, or reconsidered decision and the attorneys’ fees addendum, if applicable.
        
      • Administrative challenges to the decision and fees addendum, and decisions on those challenges by the hearing officer, Director of the Department of Human Resource Management, or EDR Director.
        
3. Judicial Review of Final Hearing Decisions
   Once a hearing decision becomes final (see above Section VII.B), either party may seek review by the circuit court hearing jurisdiction in the locality in which the grievance arose on the ground that the final hearing decision is contradictory to law. The court shall award reasonable attorneys’ fees and costs to the employee if the employee substantially prevails on the merits of the appeal. Either party may appeal the final decision of the circuit court to the Court of Appeals pursuant to Virginia Code § 17.1-405.
   
4. Implementation of Final Hearing Decisions
   Once a hearing decision becomes final (see above Section VII.B), either party may petition the circuit court having jurisdiction in the locality in which the grievance arose for an order requiring implementation of that decision. The court shall award reasonable attorneys’ fees and costs to the employee if the employee substantially prevails on the merits of the implementation petition.