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Virginia Gov & Administrative Law Questions & Answers
Q: One parents right get terminated the other gets full custody can the one parent allow the other to see kids

When the parent that's has custody never lets the one that don't see them unsupervised

James L. Arrasmith
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answered on Nov 5, 2023

If one parent's rights have been terminated, legally they would not have any inherent rights to visitation or custody of the children. The parent with full custody has the discretion to allow the other parent to see the children, but this is a personal choice and not a legal obligation. Should... View More

1 Answer | Asked in Public Benefits, Employment Law, Gov & Administrative Law and Military Law for Virginia on
Q: IDT paid time off? Federal orders annual training paid time off?

Hello, I am a county employee under the Commonwealth of Virginia?

I am also in the Virginia Army National Guard.

My question pertains to inactive duty training (weekend drills). Can an employer not let you accrue leave? and do they have to pay you?

or does that only apply... View More

James L. Arrasmith
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answered on Oct 26, 2023

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers, including those in the Commonwealth of Virginia, are prohibited from discriminating against or penalizing employees due to their military service obligations. This protection includes your weekend drills or... View More

Q: Can a Federal agency hire a vendor to do something the agency isn't allowed to do?

If a Federal agency feels it is in the best interest of the government to take an action, but it is not authorized to take such action, is it legal for the agency to hire a contractor to perform that action? If the agency feels it would be in the best interest of the nation, but the action would be... View More

James L. Arrasmith
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answered on Oct 15, 2023

In the United States, federal agencies operate within the bounds of statutory authority and regulations. They cannot take actions that are not authorized by law or regulation, even if they believe it may be in the best interest of the government or the nation. If an agency wishes to undertake an... View More

1 Answer | Asked in Gov & Administrative Law and Government Contracts for Virginia on
Q: A federal contractor believes another contractor poses a threat to them winning an upcoming bid.

A federal contractor believes another contractor poses a threat to them winning an upcoming bid. As a preemptive strategy they offer to share revenue with the other contractor by giving them positions (workers) on the new contract in exchange for their agreement not to bid. Is this legal?

James L. Arrasmith
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answered on Mar 5, 2023

No, offering to share revenue or profits with another contractor in exchange for their agreement not to bid on a federal contract is generally not legal. Such an arrangement would likely be considered a violation of federal procurement laws and regulations, including the Anti-Kickback Act and the... View More

Q: can abingdon regional jail cut a inmate off suboxone cold turkey?
James L. Arrasmith
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answered on Feb 23, 2024

Abingdon Regional Jail may have policies and procedures in place regarding the administration of medications, including controlled substances like Suboxone. However, abruptly discontinuing Suboxone without proper medical supervision and a gradual tapering schedule can pose significant health risks... View More

1 Answer | Asked in Gov & Administrative Law for Virginia on
Q: Are there any attorney's in Virginia that are trying cases against the Virginia Employment Commission?
Tim Akpinar
Tim Akpinar
answered on Jul 11, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. At this point, you could check with the resources of local and state bar associations. Additionally, there is a tab above, "Find a Lawyer," which you could use to supplement your own searches. Those... View More

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for Virginia on
Q: My town is forcing a redirect of my street through an emergency access road. If this damages my vehicle is city liable.

I drive a completely stock 2001 Saleen S281. i have about 3" of ground clearance so i stay far away from gravel roads. This emergency access road will be the only way in and out of my neighborhood is a gravel road that is very loose, inclined, not level, and uses very large gravel bits. if i... View More

Daniel P Leavitt
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answered on Apr 6, 2023

I see no liability for the city based on the information you provided but feel free to seek out other opinions on the matter.

1 Answer | Asked in Contracts, Employment Law, Gov & Administrative Law and Government Contracts for Virginia on
Q: A company is refusing to pay me over $9000 that I earned as an independent contractor. What are my options?

The company is a subcontractor under a Prime Contractor who provides medical disability exams for Veterans Affairs. The company claims that the Prime didn't pay them for those particular services, and therefore they are not obligated to pay me for those services either. They haven't... View More

Steven Krieger
Steven Krieger
answered on Jun 7, 2022

Yes, you have a few options: 1) send them a demand letter threatening a lawsuit if they don't pay you; or 2) pass on the letter and simply fie a lawsuit. Before doing either, I'd check to confirm that your agreement does not have any language in that conditions your payment on payment... View More

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Gov & Administrative Law for Virginia on
Q: I ordered an item from etsy. Cant pay import fees.

Ordered $23 item did not know it was coming from Europe. Seller wont cancel. What happens if i dont pay duties/import fees.

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2020

A Virginia attorney could advise best, but your post remains open for five weeks. You could check their terms of service, or if there are internal provisions for resolution of disputes. Good luck

Tim Akpinar

1 Answer | Asked in Gov & Administrative Law, Military Law and Municipal Law for Virginia on
Q: What are the guidelines and rules of Tanks that have a deactivated weapon in VA, can I go on the road with them?

For example, can I drive on the road with rubber tracks?

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2020

If it's one of the brutes, even in a deactivated state, you run the risk of liability for overweight vehicle damage, despite rubber tracks, and the potential for civil lawsuits from municipalities and utility companies for possible damage to sewage infrastructure and underground utilities. You... View More

2 Answers | Asked in Criminal Law, Federal Crimes, Probate and Gov & Administrative Law for Virginia on
Q: Can my probation officer make me bring ib my pills that is a narcotic to my appointment

The office ia at the jail and I was thinking all I need to do is bring a print out of the script instead of the pills them self

Susan Fremit
Susan Fremit
answered on Feb 26, 2020

Ask your probation officer whether you should bring the pills in their container or whether you should simply bring a pharmacy printout.

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Gov & Administrative Law for Virginia on
Q: 850k If an attorney erases 3 lines in a copy of a contract he gives to a judge, is there a way to deal with it swiftly?

$850,000

The original contract is on file and his client stated he had possessions, that are the contract stated, he had no knowledge of the list and if found he would return. Apdx A was the 100k. list items. It a custom contact 3 pg doc. with appendix A list.. page contract written on the... View More

F. Paul Maloof
F. Paul Maloof
answered on Feb 16, 2020

It is no clear what is your question but if there was a judgment entered against you, you should file an appeal asap.

1 Answer | Asked in Personal Injury, Gov & Administrative Law and Landlord - Tenant for Virginia on
Q: My husband lives across the parking lot from in apartments we argue sometimes inside, I got evicted & it didn't get bad

Why I'm I'm getting evicted when I was just disgusting something with my ex and we never was loud outside & we will walk away before it got serious so I don't understand why I got evicted, we live at blue ridge Manor apts Vinton,Va

F. Paul Maloof
F. Paul Maloof
answered on Feb 6, 2020

I am sorry but I have no idea why you were evicted. My law firm is located in Alexandria City, VA so I am not available to go to Vinton.

1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Gov & Administrative Law for Virginia on
Q: Broker appeal REB decision? VA Supreme Court rule 2A:2(b) & 2A:4 within 30 days? What do I need to do? Thanks.

18VAC 135-20-160.B: There was incorrect DPOR form on file intended for mailing purposes. Since corrected. However, I sent them 4 other documents, including clerk of court certificate, that clearly indicate place of business address. Plus, a site visit was never done inside the residence. A site... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Dec 14, 2019

There's an old (very old) saying most popularly attributed to Abraham Lincoln - see https://quoteinvestigator.com/2019/07/30/lawyer/

In the past I have served on a state board, and represented others before state boards. The process is technical and full of traps - you need a lawyer....
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1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Virginia on
Q: Does BOD have authority to apply surplus from a special assessment to LTR?

I'm on a very small HOA BOD. We recently collected a special assessment to fix a washed out culvert. We collected a special assessment based on an estimate we had received from a local contractor. We were able to repair the culvert for less with another contractor.

Richard Sternberg
Richard Sternberg
answered on Nov 25, 2019

The answer may be in your bylaws. Read them or retain a lawyer to read them.

2 Answers | Asked in Gov & Administrative Law, Contracts and Criminal Law for Virginia on
Q: Under Virginia Code 18.2-115 is simply moving a vehicle out of the state enough to be considered fraudulent conversion?
Daniel P Leavitt
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answered on Apr 23, 2019

There are elements to the charge the Commonwealth would need to prove. Contact a lawyer in the area where your charge is and they may be able to locate a defense.

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Gov & Administrative Law for Virginia on
Q: How in the world do I get a 1991 map in order to prove I own land? I own a large piece of land ..

close to Tehran, Iran and the city wants me to provide them a map of that area in 1991 in order to prove my rightful claim. Is this legal, even in Iran??? I am living in the U.S. and need direction and advice on how to approach this. Please advise! Are they just being unreasonable or is this... View More

Richard Sternberg
Richard Sternberg
answered on Feb 11, 2019

You are going to need an Iranian lawyer.

Q: So I am 17 with no permit and I got stopped at a parking lot while I was parked and I have a court hearing, pay or jail?
Daniel P Leavitt
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answered on Jan 30, 2019

I don't even know what you're trying to ask. If you were charged with driving without a license you can request a court appointed lawyer at your hearing or hire someone. Usually it helps to get properly licensed. Good luck.

1 Answer | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for Virginia on
Q: A city bus driver hit the side of my vehicle. I wasn't there when it happened (my car was parked while I was shopping)

but one of the bus riders got off and left me a note, detailing what happened and also provided the number on the side of the bus. Is that enough evidence to sue the city for damages?

Jay Braddock Jackson
Jay Braddock Jackson
answered on Nov 26, 2018

It’s certainly enough to start. You may wish to start

With the transit authority first however since it would be much cheaper if they agree to pay the damages. Additionally, if you see not in the car and we’re not injured, your recovery will be limited to the damage to the vehicle so...
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1 Answer | Asked in Immigration Law and Gov & Administrative Law for Virginia on
Q: i am a natural born citizen.would my felony conviction stop my spouses process?

would my felony conviction prevent her obtaining her residency or citizenship. I am a natural born citizen

Hector E. Quiroga
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Hector E. Quiroga
answered on Jul 9, 2018

It should not, depending on the crime for which you were convicted. Felonious assault or crimes of a sexual nature could be the exception. Check with an immigration attorney.

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