Section 5-308 – Representation; Finality of Decision; Resolution of Complaint
(a) (1) A complainant may be represented during the complaint process by any person the complainant chooses. (2) Either party may be represented at a hearing by counsel. (b) (1) If a complainant fails to appeal a decision in accordance with this subtitle, the complainant is considered to have accepted the decision. (2) A failure to decide a complaint in accordance […]
Section 5-309 – Filing of Complaints; Actions on Complaint
(a) (1) An employee subject to this subtitle may file with the Secretary a complaint that alleges a violation of § 5-305 of this subtitle. (2) A complaint under this subtitle must be filed within 6 months after the complainant first knew of or reasonably should have known of the violation. (b) When a complaint is received, the Secretary […]
Section 5-310 – Appeals
(a) A complainant may appeal to the Office of Administrative Hearings: (1) within 10 days after receiving a decision under § 5-309 of this subtitle; or (2) when a decision is not issued within 60 days after the complaint is filed and the complainant requests a hearing. (b) (1) The Office of Administrative Hearings shall conduct a hearing on each […]
Section 5-311 – Costs and Attorney’s Fees
After reviewing a final decision under this subtitle, the court may award costs of litigation and reasonable attorney’s fees to a prevailing complainant and any other appropriate relief.
Section 5-312 – Referral of Suspected Criminal Conduct
If, during an investigation under § 5-309(c) of this subtitle, the Secretary or Governor’s designee finds that reasonable grounds exist to believe that a crime has been committed, the Secretary or Governor’s designee shall: (1) promptly refer the matter to an appropriate prosecutor; (2) make all pertinent evidence available to the prosecutor; and (3) send to the individual […]
Section 5-313 – Disclosure of Protected Information to Attorney General
For purposes of this subtitle, the Attorney General shall: (1) designate an assistant Attorney General to receive from applicants and employees any information the disclosure of which is otherwise protected by law; (2) investigate each allegation of illegality or impropriety; (3) take appropriate legal action; and (4) if the investigation concerns an allegation of illegality or impropriety in the […]
Section 5-314 – Confidentiality of Information Obtained Through Investigation
Information obtained as part of an investigation conducted under this subtitle is confidential within the meaning of Title 4 of the General Provisions Article.
Section 5-301 – Applicability
(a) This subtitle applies to: (1) all employees and State employees who are applicants for positions in the Executive Branch of State government, including a unit with an independent personnel system; and (2) if both the Commonwealth of Virginia and the District of Columbia enact similar whistleblower protections or waive their sovereign immunity as applied to the Washington […]
Section 5-302 – Effect of Subtitle
(a) This subtitle does not preclude action for defamation or invasion of privacy. (b) This subtitle does not prohibit a personnel action that would have been taken regardless of a disclosure of information.
Section 5-303 – Regulations
The Secretary shall adopt regulations for processing and resolving complaints brought under this subtitle.