what are the difference between an formal and informal hearing?

Question

for a juvenile in Virginia

Answer 1

INFORMAL HEARINGS

Conducted by an informal hearing officer, these hearings are held at selected Driver Services Facilities. No appointment is necessary.

Informal hearings may result in the issuance of a Restricted Driving Permit or full reinstatement of driving privileges to someone with one alcohol-related offense or sanctions related to lesser moving violations. The hearing officer submits all documentation to the main office in Springfield, and a decision is mailed to the applicant.

Informal hearings decisions cannot be appealed under the Administrative Review Law. Unfavorable decisions may be pursued further through the formal hearing process or through another informal hearing 30 days after the previous hearing.

FORMAL HEARINGS

A hearing officer presides at a formal hearing at which both testimony and documentary evidence, is heard. The officer is authorized to rule on all motions, administer oaths, subpoena witnesses or documents at the request of any party, examine witnesses and rule upon the admissibility of evidence.

Offenses such as reckless homicide and multiple DUI offenses are handled through formal hearings. An order reflecting the recommendation of the hearing officer and the decision of the Secretary of State is issued. Decisions from a formal hearing are subject to the Administrative Review Law.

A formal hearing must be requested in writing through the U. S. mail. No facsimiles or internet mail requests will be accepted. Petitioners are eligible for a subsequent hearing four months following their most recent hearing.

Answer 2

Formal hearings are usually on the record, and most often in the courtroom -- while informal hearings are off the record, and can be held in the judge's chambers or conference rooms.