NaCCRA Forum: Governance of CCRC/LifePlan Communit

Do Plaintiff and Defendant have equal rights before the Virginia State Corporation Commission?

It is a fundamental principle in law that both the plaintiff and the defendant have equal rights before a judge or examiner. This principle is often referred to as the principle of "equality of arms" and is a core aspect of the right to a fair trial.

Here are key points that elaborate on this principle:

1. Due Process and Fair Trial: In legal systems based on the rule of law, due process guarantees that all parties receive a fair and impartial hearing. This includes the right to present evidence, call witnesses, and make arguments.
2. Equal Treatment: Both parties must be given an equal opportunity to present their case. This means that the judge or examiner should not show bias or favoritism towards either party.
3. Impartial Judiciary: The judiciary must be independent and impartial, ensuring that decisions are made based on the law and the facts of the case, without external influence or internal bias.
4. Legal Representation: Both the plaintiff and the defendant have the right to legal representation. If one party cannot afford an attorney, in many jurisdictions, they may be provided one to ensure that they can effectively participate in the legal process.
5. Access to Evidence: Both parties should have equal access to the evidence and the opportunity to challenge the evidence presented by the other side.

These principles are enshrined in various legal frameworks and human rights instruments. For example:

• Universal Declaration of Human Rights (UDHR): Article 10 states, "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal."
• European Convention on Human Rights (ECHR): Article 6 provides the right to a fair trial and includes the principles of equality of arms and due process.
• International Covenant on Civil and Political Rights (ICCPR): Article 14 outlines similar protections, emphasizing the equality of all parties before the law.

In summary, the equality of rights and the opportunity to present one’s case is a cornerstone of the justice system, ensuring that both plaintiffs and defendants can participate in the legal process on an equal footing.

Sadly, you are mixing up criminal law and civil law. Civil law is a conflict between two people and the onus is on the plaintiff to prove by a preponderance of evidence that they were wronged.

The SCC has been provided a preponderance of evidence — evidence gleaned from Defendant's own records available to Residents at the Defendant's website. The SCC has not shown us the Defendant's response to the Complaint. The Complaint was filed more than a month ago and to my knowledge it has not been forwarded to Defendant. I did not get a response from the SCC when I asked when Defendant's response is due.

Following was sent to SCC staff:

If the Commission has no jurisdiction over the issues raised in my Complaint, "A Guide to the Regulation of Continuing Care Retirement Communities in Virginia”, page 8, 

Residents are afforded the following rights under Chapter 49:

To self-organize

• Residents shall have the right of self-organization.

• No retaliatory conduct is permitted against a resident for participating in a residents’

organization or filing a complaint.

offers no protection to residents of CCRCs.

One does not require a definition of “self-organize” to conclude that Ashby Ponds Resident Advisory Council — created and operated according to the following three documents is unambiguously not self-organized:

Ashby Ponds Resident Advisory Council Constitution & Bylaws (7 pages)

Resident Advisory Council Handbook (13 pages)

Ashby Ponds Resident Advisory Council Policies and Procedures (12 pages)

If the “preponderance of evidence” is the standard for resolving disputes, it can be achieved without a definition of “self-organize”. The Commission or your office could rule on Item #2 of the requested "RESOLUTION OF COMPLAINT”.

Rights stated in Code of Virginia, § 38.2-4910 shall not be granted to Ashby Ponds’ residents that are not self-organized.