§ 37.2-418. Revocation, suspension, or refusal of licenses; resumption ofoperation; summary suspension under certain circumstances; penalty.
A. The Commissioner is authorized to revoke or suspend any license issuedhereunder or refuse issuance of a license on any of the following grounds:(i) violation of any provision of this article or of any applicableregulation made pursuant to such provisions; (ii) permitting, aiding, orabetting the commission of an illegal act in services delivered by theprovider; or (iii) conduct or practices detrimental to the welfare of anyindividual receiving services from the provider.
B. Whenever the Commissioner revokes, suspends, or denies a license, theprovisions of the Administrative Process Act (§ 2.2-4000 et seq.) shallapply. Any person aggrieved by the final decision of the Commissioner torefuse to issue a license or by his revocation or suspension of a license isentitled to judicial review in accordance with the provisions of theAdministrative Process Act.
C. If a license is revoked or refused as herein provided, a new applicationfor license may be considered by the Commissioner when the conditions uponwhich the action was based have been corrected and satisfactory evidence ofthis fact has been furnished. In no event may an applicant reapply for alicense after the Commissioner has refused or revoked a license until aperiod of six months from the effective date of that action has elapsed,unless the Commissioner in his sole discretion believes that there has beensuch a change in the conditions causing refusal of the prior application orrevocation of the license as to justify considering the new application. Whenan appeal is taken by the applicant pursuant to this section, the six-monthperiod shall be extended until a final decision has been rendered on appeal.A new license may then be granted after proper inspection has been made andall provisions of this article and applicable regulations made thereunderhave been complied with and recommendations to that effect have been made tothe Commissioner upon the basis of an inspection by any authorized inspectoror agent of the Department.
D. Suspension of a license shall in all cases be for an indefinite time andthe suspension may be lifted and rights under the license fully or partiallyrestored at such time as the Commissioner determines, based on an inspection,that the rights of the licensee appear to so require and the interests of thepublic will not be jeopardized by resumption of operation.
E. Pursuant to the procedures set forth in subsection F and in addition tothe authority provided in subsections A through D, the Commissioner may issuea summary order of suspension of the license of a group home or residentialfacility for children, in conjunction with any proceeding for revocation,denial, or other action, when conditions or practices exist in the home orfacility that pose an immediate and substantial threat to the health, safety,and welfare of the children who are residents and the Commissioner believesthe operation should be suspended during the pendency of such proceeding.
F. The summary order of suspension shall take effect upon its issuance andshall be served on the licensee or its designee as soon as practicablethereafter by personal service and certified mail, return receipt requested,to the address of record of the licensee. The order shall state the time,date, and location of a hearing to determine whether the suspension isappropriate. Such hearing shall be held no later than three business daysafter the issuance of the summary order of suspension and shall be convenedby the Commissioner or his designee.
After such hearing, the Commissioner may issue a final order of summarysuspension or may find that such summary suspension is not warranted by thefacts and circumstances presented. A final order of summary suspension shallinclude notice that the licensee may appeal the Commissioner's decision tothe appropriate circuit court no later than 10 days following issuance of theorder. The sole issue before the court shall be whether the Commissioner hadreasonable grounds to require the licensee to cease operations during thependency of the concurrent revocation, denial, or other proceeding. Theconcurrent revocation, denial, or other proceeding shall not be affected bythe outcome of any hearing on the appropriateness of the summary suspension.
The willful and material failure to comply with the summary order ofsuspension or final order of summary suspension shall be punishable as aClass 2 misdemeanor. The Commissioner may require the cooperation of anyother agency or subdivision of the Commonwealth in the relocation of childrenwho are residents of a home or facility whose license has been summarilysuspended pursuant to this section and in any other actions necessary toreduce the risk of further harm to children.
(Code 1950, §§ 37-258.1, 37-258.2; 1960, c. 496; 1968, c. 477, §§ 37.1-185,37.1-186; 1976, c. 671; 1980, c. 582; 1984, c. 582; 1986, cc. 104, 615; 2001,cc. 486, 506; 2005, cc. 363, 485, 716; 2006, c. 168.)
§ 37.2-418. Revocation, suspension, or refusal of licenses; resumption ofoperation; summary suspension under certain circumstances; penalty.
A. The Commissioner is authorized to revoke or suspend any license issuedhereunder or refuse issuance of a license on any of the following grounds:(i) violation of any provision of this article or of any applicableregulation made pursuant to such provisions; (ii) permitting, aiding, orabetting the commission of an illegal act in services delivered by theprovider; or (iii) conduct or practices detrimental to the welfare of anyindividual receiving services from the provider.
B. Whenever the Commissioner revokes, suspends, or denies a license, theprovisions of the Administrative Process Act (§ 2.2-4000 et seq.) shallapply. Any person aggrieved by the final decision of the Commissioner torefuse to issue a license or by his revocation or suspension of a license isentitled to judicial review in accordance with the provisions of theAdministrative Process Act.
C. If a license is revoked or refused as herein provided, a new applicationfor license may be considered by the Commissioner when the conditions uponwhich the action was based have been corrected and satisfactory evidence ofthis fact has been furnished. In no event may an applicant reapply for alicense after the Commissioner has refused or revoked a license until aperiod of six months from the effective date of that action has elapsed,unless the Commissioner in his sole discretion believes that there has beensuch a change in the conditions causing refusal of the prior application orrevocation of the license as to justify considering the new application. Whenan appeal is taken by the applicant pursuant to this section, the six-monthperiod shall be extended until a final decision has been rendered on appeal.A new license may then be granted after proper inspection has been made andall provisions of this article and applicable regulations made thereunderhave been complied with and recommendations to that effect have been made tothe Commissioner upon the basis of an inspection by any authorized inspectoror agent of the Department.
D. Suspension of a license shall in all cases be for an indefinite time andthe suspension may be lifted and rights under the license fully or partiallyrestored at such time as the Commissioner determines, based on an inspection,that the rights of the licensee appear to so require and the interests of thepublic will not be jeopardized by resumption of operation.
E. Pursuant to the procedures set forth in subsection F and in addition tothe authority provided in subsections A through D, the Commissioner may issuea summary order of suspension of the license of a group home or residentialfacility for children, in conjunction with any proceeding for revocation,denial, or other action, when conditions or practices exist in the home orfacility that pose an immediate and substantial threat to the health, safety,and welfare of the children who are residents and the Commissioner believesthe operation should be suspended during the pendency of such proceeding.
F. The summary order of suspension shall take effect upon its issuance andshall be served on the licensee or its designee as soon as practicablethereafter by personal service and certified mail, return receipt requested,to the address of record of the licensee. The order shall state the time,date, and location of a hearing to determine whether the suspension isappropriate. Such hearing shall be held no later than three business daysafter the issuance of the summary order of suspension and shall be convenedby the Commissioner or his designee.
After such hearing, the Commissioner may issue a final order of summarysuspension or may find that such summary suspension is not warranted by thefacts and circumstances presented. A final order of summary suspension shallinclude notice that the licensee may appeal the Commissioner's decision tothe appropriate circuit court no later than 10 days following issuance of theorder. The sole issue before the court shall be whether the Commissioner hadreasonable grounds to require the licensee to cease operations during thependency of the concurrent revocation, denial, or other proceeding. Theconcurrent revocation, denial, or other proceeding shall not be affected bythe outcome of any hearing on the appropriateness of the summary suspension.
The willful and material failure to comply with the summary order ofsuspension or final order of summary suspension shall be punishable as aClass 2 misdemeanor. The Commissioner may require the cooperation of anyother agency or subdivision of the Commonwealth in the relocation of childrenwho are residents of a home or facility whose license has been summarilysuspended pursuant to this section and in any other actions necessary toreduce the risk of further harm to children.
(Code 1950, §§ 37-258.1, 37-258.2; 1960, c. 496; 1968, c. 477, §§ 37.1-185,37.1-186; 1976, c. 671; 1980, c. 582; 1984, c. 582; 1986, cc. 104, 615; 2001,cc. 486, 506; 2005, cc. 363, 485, 716; 2006, c. 168.)
§ 37.2-418. Revocation, suspension, or refusal of licenses; resumption ofoperation; summary suspension under certain circumstances; penalty.
A. The Commissioner is authorized to revoke or suspend any license issuedhereunder or refuse issuance of a license on any of the following grounds:(i) violation of any provision of this article or of any applicableregulation made pursuant to such provisions; (ii) permitting, aiding, orabetting the commission of an illegal act in services delivered by theprovider; or (iii) conduct or practices detrimental to the welfare of anyindividual receiving services from the provider.
B. Whenever the Commissioner revokes, suspends, or denies a license, theprovisions of the Administrative Process Act (§ 2.2-4000 et seq.) shallapply. Any person aggrieved by the final decision of the Commissioner torefuse to issue a license or by his revocation or suspension of a license isentitled to judicial review in accordance with the provisions of theAdministrative Process Act.
C. If a license is revoked or refused as herein provided, a new applicationfor license may be considered by the Commissioner when the conditions uponwhich the action was based have been corrected and satisfactory evidence ofthis fact has been furnished. In no event may an applicant reapply for alicense after the Commissioner has refused or revoked a license until aperiod of six months from the effective date of that action has elapsed,unless the Commissioner in his sole discretion believes that there has beensuch a change in the conditions causing refusal of the prior application orrevocation of the license as to justify considering the new application. Whenan appeal is taken by the applicant pursuant to this section, the six-monthperiod shall be extended until a final decision has been rendered on appeal.A new license may then be granted after proper inspection has been made andall provisions of this article and applicable regulations made thereunderhave been complied with and recommendations to that effect have been made tothe Commissioner upon the basis of an inspection by any authorized inspectoror agent of the Department.
D. Suspension of a license shall in all cases be for an indefinite time andthe suspension may be lifted and rights under the license fully or partiallyrestored at such time as the Commissioner determines, based on an inspection,that the rights of the licensee appear to so require and the interests of thepublic will not be jeopardized by resumption of operation.
E. Pursuant to the procedures set forth in subsection F and in addition tothe authority provided in subsections A through D, the Commissioner may issuea summary order of suspension of the license of a group home or residentialfacility for children, in conjunction with any proceeding for revocation,denial, or other action, when conditions or practices exist in the home orfacility that pose an immediate and substantial threat to the health, safety,and welfare of the children who are residents and the Commissioner believesthe operation should be suspended during the pendency of such proceeding.
F. The summary order of suspension shall take effect upon its issuance andshall be served on the licensee or its designee as soon as practicablethereafter by personal service and certified mail, return receipt requested,to the address of record of the licensee. The order shall state the time,date, and location of a hearing to determine whether the suspension isappropriate. Such hearing shall be held no later than three business daysafter the issuance of the summary order of suspension and shall be convenedby the Commissioner or his designee.
After such hearing, the Commissioner may issue a final order of summarysuspension or may find that such summary suspension is not warranted by thefacts and circumstances presented. A final order of summary suspension shallinclude notice that the licensee may appeal the Commissioner's decision tothe appropriate circuit court no later than 10 days following issuance of theorder. The sole issue before the court shall be whether the Commissioner hadreasonable grounds to require the licensee to cease operations during thependency of the concurrent revocation, denial, or other proceeding. Theconcurrent revocation, denial, or other proceeding shall not be affected bythe outcome of any hearing on the appropriateness of the summary suspension.
The willful and material failure to comply with the summary order ofsuspension or final order of summary suspension shall be punishable as aClass 2 misdemeanor. The Commissioner may require the cooperation of anyother agency or subdivision of the Commonwealth in the relocation of childrenwho are residents of a home or facility whose license has been summarilysuspended pursuant to this section and in any other actions necessary toreduce the risk of further harm to children.
(Code 1950, §§ 37-258.1, 37-258.2; 1960, c. 496; 1968, c. 477, §§ 37.1-185,37.1-186; 1976, c. 671; 1980, c. 582; 1984, c. 582; 1986, cc. 104, 615; 2001,cc. 486, 506; 2005, cc. 363, 485, 716; 2006, c. 168.)
