Administrative – Sexual Abuse Finding – Circuit Court Authority
By Deborah Elkins
Published: July 29, 2010
Tags: Administrative, Judge Larry G. Elder, Virginia Court of Appeals
A circuit court erroneously usurped a hearing officer’s fact finding authority, and because the hearing officer’s disposition of “Founded-Sexual Abuse-Level One” was supported by substantial evidence, the Court of Appeals reverses the circuit court and remands with directions to reinstate the DSS determination.
We conclude the evidence, viewed in the light most favorable to the agency, ...
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