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Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 101939
Experience:  Years of experience in running a medium sized law firm.
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In grievance what do you need to do to file an appeal to a

Customer Question

in grievance what do you need to do to file an appeal to a hearing officer decision.
how much would it cost to get that done
specific steps are what? I know you have 30 days to act after decision final
I know you must file a notice of appeal, but what else? must you to file a brief?
Can you just appeal on the agency record.
Again how much to handle something like this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

What state is this in, please?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Charlottesville virginia
Customer: replied 1 year ago.
did you get my response?
Expert:  Ely replied 1 year ago.

Thank you. Two more questions:

1) What administrative body is this before?
2) What is the grievance for, i.e. what is the case/situation?

Customer: replied 1 year ago.
Now the Charlottesville circuit courtappealing a hearing officer decision , appeal is of right
Customer: replied 1 year ago.
grievance process code va 2.2-3000
Customer: replied 1 year ago.
I think only contradictory to law
Customer: replied 1 year ago.
Expert:  Ely replied 1 year ago.

Thank you. So:

1) You filed an employee grievance with the Virginia Dept of Human Resources Management; and
2) You want to appeal the decision. Correct?

Customer: replied 1 year ago.
exactly
Customer: replied 1 year ago.
I know you need a notice of appealanything else need to be filed before you have the hearing
Expert:  Ely replied 1 year ago.

Thank you. Please give me a few minutes to write out the answer; my apologies in advance for the momentary wait...

Customer: replied 1 year ago.
no problem
Expert:  Ely replied 1 year ago.

in grievance what do you need to do to file an appeal to a hearing officer decision.

Directly from the manual:

Requests for review may be initiated by electronic means such as facsimile or e-mail. See § 8.10. However, as with all aspects of the grievance procedure, a party may be required to show proof of timeliness. Therefore, parties are strongly encouraged to retain evidence of timeliness. A copy of all requests for administrative review must be provided to the other party, EDR and the Hearing Officer.

Important Note: Requests for administrative review must be in writing and received by the reviewer within 15 calendar days of the date of the original hearing decision. Received by means delivered to, not merely postmarked or placed in the hands of a delivery service.

§7.2(a) Requesting Administrative Review A challenge that the hearing decision is inconsistent with state or agency policy is made to the DHRM Director. This request must refer to a particular mandate in state or agency policy with which the hearing decision is not in compliance. The Director’s authority is limited to ordering the hearing officer to revise the decision to conform it to written policy. Requests must be sent to the Director of the Department of Human Resources Management, 101 N. 14th Street, 12th Floor, Richmond, Virginia 23219 or faxed to(###) ###-####or e-mailed.

A challenge that the hearing decision is not in compliance with the grievance procedure (including this Manual and the Rules for Conducting Grievance Hearings), as well as a request to present newly discovered evidence, is made to EDR. This request must refer to a specific requirement of the grievance procedure with which the hearing decision is not in compliance. EDR’s authority is limited to ordering the hearing officer to revise the decision so that it complies with the grievance procedure. Requests must be sent to the Office of Employment Dispute Resolution, 101 N. 14th Street, 12th Floor, Richmond, VA 23219, faxed or e-mailed to EDR. (See also “Hearing Officer Noncompliance” § 6.4). In response to any request for administrative review, the opposing party may submit a written challenge (rebuttal) to the appropriate reviewer. If the opposing party chooses to submit a rebuttal, it must be received by the reviewer within 10 calendar days of the conclusion of the original 15-day appeal period. A copy of any such rebuttal must also be provided to the appealing party, EDR, and the hearing officer. NOTE: All administrative review rulings or decisions may be published on EDR’s website in a manner that seeks to preserve personal privacy. See “Publication of Hearing Decisions, Rulings, and Related Court Opinions,” § 8.1.

A challenge that the hearing decision is not in compliance with the grievance procedure (including this Manual and the Rules for Conducting Grievance Hearings), as well as a request to present newly discovered evidence, is made to EDR. This request must refer to a specific requirement of the grievance procedure with which the hearing decision is not in compliance. EDR’s authority is limited to ordering the hearing officer to revise the decision so that it complies with the grievance procedure. Requests must be sent to the Office of Employment Dispute Resolution, 101 N. 14th Street, 12th Floor, Richmond, VA 23219, faxed or e-mailed to EDR. (See also “Hearing Officer Noncompliance” § 6.4). In response to any request for administrative review, the opposing party may submit a written challenge (rebuttal) to the appropriate reviewer. If the opposing party chooses to submit a rebuttal, it must be received by the reviewer within 10 calendar days of the conclusion of the original 15-day appeal period. A copy of any such rebuttal must also be provided to the appealing party, EDR, and the hearing officer. NOTE: All administrative review rulings or decisions may be published on EDR’s website in a manner that seeks to preserve personal privacy. See “Publication of Hearing Decisions, Rulings, and Related Court Opinions,” § 8.1.

§7.2(c) Administrative Review Decisions Administrative review decisions issued by the Director of DHRM and EDR are final and nonappealable. If the DHRM Director or EDR orders the hearing officer to reconsider the hearing decision, the hearing officer must do so. If requests for administrative review have been made to both the DHRM Director and EDR, the hearing officer need not reconsider his/her decision, if ordered to do so on remand, until both administrative reviews are issued or otherwise concluded unless otherwise directed by EDR in the interests of procedural efficiency. If requests for administrative review have been made to both the Director of DHRM and EDR, EDR shall generally respond first. Administrative reviews by the Director of DHRM should be issued within 30 calendar days of the conclusion of any other administrative reviews.

§7.2(d) Final Hearing Decisions A hearing officer’s original 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 DHRM, the hearing officer has issued a revised decision.

- - -

§7.3 Judicial Review of Final Hearing Decisions §7.3(a) Circuit Court Review Once an original hearing decision becomes final, either party may seek review by the circuit court on the ground that the final hearing decision is contradictory to law. Neither the hearing officer nor the Department of Human Resource Management (or any employee thereof) shall be named as a party in such an appeal. An employee does not need EDR’s approval before filing a notice of appeal. However, an agency must request and receive approval from EDR before filing a notice of appeal. To request approval to appeal, an agency must, within 10 calendar days of the final hearing decision, submit a written request to EDR and must specify the legal basis for the appeal, in other words, the basis for its position that the hearing decision is “contradictory to law.” The request for approval to appeal must be received by EDR within 10 calendar days, which means delivered to, not merely postmarked or placed in the hands of a delivery service. The agency may make its request by e-mail or fax. The agency must provide a copy of its appeal request to the employee. EDR will provide a response within 10 calendar days of the agency’s request. A notice of appeal must be filed with the clerk of the circuit court in the jurisdiction in which the grievance arose within 30 calendar days of the final hearing decision.6 At the time of filing, a copy of the notice of appeal must be provided to the other party and EDR. Within 10 calendar days of receiving notice of an appeal being filed, the agency must forward a copy of the Grievance Record and Hearing Record, complete with all attachments, to the circuit court in the jurisdiction in which the grievance arose. (The original Grievance Record should be kept by the agency.) To receive the Hearing Record, the agency must provide a written request to EDR.

If the agency does not forward the Grievance and Hearing Records to the court, the employee may request the court to issue an order requiring the agency to transmit the record.

Within 30 days of receipt of the Grievance and Hearing Records, the court, sitting without a jury, shall hear the appeal on the record. The court may affirm, reverse, or modify the final hearing decision. The court’s decision shall be rendered within 15 days of the court hearing, which shall be at no cost to the parties. The court shall award reasonable attorney’s fees and costs to the employee if the employee substantially prevails on the merits of the appeal. §7.3(b) Appeal to the Court of Appeals Either party may appeal the final decision of the circuit court to the Court of Appeals pursuant to Virginia Code § 17.1-405.

See more HERE.

how much would it cost to get that done specific steps are what?

See above. The administrative appeal is free. The appeal to the circuit court is via writ of mandamus, and can cost about $300 or so minimum to file. NOTE that the procedure is:

-all administrative appeals first, and then once it is exhausted
-the writ of mandamus to circuit court.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 1 year ago.
I already know that my question is specifically what needs to be turned into the circuit court for the appeal to be completed up to the hearing
Customer: replied 1 year ago.
meaning
1 turn in a notice of appeal
2 ? anything else
Customer: replied 1 year ago.
this is an appeal of right, the agency has already forwarded the record to the circuit court
Expert:  Ely replied 1 year ago.

I already know that my question is specifically what needs to be turned into the circuit court for the appeal to be completed up to the hearing

Writ of Mandamus. Example of this HERE.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

A writ of mandamus is what the individual files in Court asking the Court to override an administration agency's decision. Note that the example I linked you to is not employment related, but I did this so you can see what a Writ of Mandamus looks like.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
I still did not get the exact answer, if I choose call will the entire cost of this be $52.00?
Expert:  Ely replied 1 year ago.

Hello,

JustAnswer experts cannot discuss pricing. I do not even have access to your billing information. You can call 1-***-***-**** customer service) to confirm any issues with this. Let me know when you are ready to proceed.

Customer: replied 1 year ago.
the reason I am asking is it sayswant to switch to live phone call?
amount $52
Customer: replied 1 year ago.
does that mean a new charge or what we are doing now?
Expert:  Ely replied 1 year ago.

Right, I understand. JustAnswer experts cannot discuss pricing. I do not even have access to your billing information. You can call 1-***-***-**** customer service) to confirm any issues with this. SO I CANNOT COMMENT ON BILLING QUESTIONS, my apologies. But customer service can be of help and they are very good at this.

Let me know when you are ready to proceed.

Customer: replied 1 year ago.
hold on I will call customer service now
Expert:  Ely replied 1 year ago.

No problem!

Customer: replied 1 year ago.
I am on hold
Expert:  Ely replied 1 year ago.

Okay - take your time. I should be here when you get back.

Customer: replied 1 year ago.
ok, I am listening to music
Expert:  Ely replied 1 year ago.

Okay.

Customer: replied 1 year ago.
it is extra so let me try to be extremely precise.
i using exactly the process you named.
i have already had the hearing
i have already filed the notice of appeal successfully and received a court date
Customer: replied 1 year ago.
the agency has already forwarded the record to the circuit court
Expert:  Ely replied 1 year ago.

Okay. So what do you want to know?

Customer: replied 1 year ago.
do i still need to file a writ of mandamus if i already have the court date?
is there anything else that need be filed or just go to court
Expert:  Ely replied 1 year ago.

What exactly did the agency file with the Court? Do you have a copy of it?

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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