§ 37.2-419. Human rights and licensing enforcement and sanctions; notice.
A. As used in this section, "special order" means an administrative orderissued to any party licensed or funded by the Department that has a statedduration of not more than 12 months and that may include a civil penalty thatshall not exceed $500 per violation per day, prohibition of new admissions,or reduction of licensed capacity for violations of § 37.2-400, the licensingor human rights regulations, or this article.
B. Notwithstanding any other provision of law, following a proceeding asprovided in § 2.2-4019, the Commissioner may issue a special order for aviolation of any of the provisions of § 37.2-400 or any regulation adoptedunder any provision of § 37.2-400 or of this article that adversely affectsthe human rights of consumers or poses an imminent and substantial threat tothe health, safety, or welfare of consumers. The issuance of a special ordershall be considered a case decision as defined in § 2.2-4001. TheCommissioner shall not delegate his authority to impose civil penalties inconjunction with the issuance of special orders. The Commissioner may takethe following actions to sanction public and private providers licensed orfunded by the Department for noncompliance with § 37.2-400, the human rightsregulations, or this article:
1. Place any service of any such provider on probation upon finding that itis substantially out of compliance with the licensing or human rightsregulations and that the health or safety of consumers is at risk.
2. Reduce licensed capacity or prohibit new admissions when he concludes thatthe provider cannot or will not make necessary corrections to achievecompliance with licensing or human rights regulations except by a temporaryrestriction of its scope of service.
3. Require that probationary status announcements, provisional licenses, anddenial or revocation notices be of sufficient size and distinction and beposted in a prominent place at each public entrance of the affected service.
4. Mandate training for the provider's employees, with any costs to be borneby the provider, when he concludes that the lack of training has led directlyto violations of licensing or human rights regulations.
5. Assess civil penalties of not more than $500 per violation per day uponfinding that the licensed or funded provider is substantially out ofcompliance with the licensing or human rights regulations and that the healthor safety of consumers is at risk.
6. Withhold funds from licensees or programs receiving public funds that arein violation of the licensing or human rights regulations.
C. The Commissioner shall inform other public agencies that provide funds tothe licensee or the program, including the Departments of Social Services andMedical Assistance Services, of any licensee or program that is in violationof the licensing or human rights regulations.
D. The Board shall adopt regulations to implement the provisions of thissection.
(1999, c. 969, § 37.1-185.1; 2001, cc. 486, 506; 2005, c. 716.)
§ 37.2-419. Human rights and licensing enforcement and sanctions; notice.
A. As used in this section, "special order" means an administrative orderissued to any party licensed or funded by the Department that has a statedduration of not more than 12 months and that may include a civil penalty thatshall not exceed $500 per violation per day, prohibition of new admissions,or reduction of licensed capacity for violations of § 37.2-400, the licensingor human rights regulations, or this article.
B. Notwithstanding any other provision of law, following a proceeding asprovided in § 2.2-4019, the Commissioner may issue a special order for aviolation of any of the provisions of § 37.2-400 or any regulation adoptedunder any provision of § 37.2-400 or of this article that adversely affectsthe human rights of consumers or poses an imminent and substantial threat tothe health, safety, or welfare of consumers. The issuance of a special ordershall be considered a case decision as defined in § 2.2-4001. TheCommissioner shall not delegate his authority to impose civil penalties inconjunction with the issuance of special orders. The Commissioner may takethe following actions to sanction public and private providers licensed orfunded by the Department for noncompliance with § 37.2-400, the human rightsregulations, or this article:
1. Place any service of any such provider on probation upon finding that itis substantially out of compliance with the licensing or human rightsregulations and that the health or safety of consumers is at risk.
2. Reduce licensed capacity or prohibit new admissions when he concludes thatthe provider cannot or will not make necessary corrections to achievecompliance with licensing or human rights regulations except by a temporaryrestriction of its scope of service.
3. Require that probationary status announcements, provisional licenses, anddenial or revocation notices be of sufficient size and distinction and beposted in a prominent place at each public entrance of the affected service.
4. Mandate training for the provider's employees, with any costs to be borneby the provider, when he concludes that the lack of training has led directlyto violations of licensing or human rights regulations.
5. Assess civil penalties of not more than $500 per violation per day uponfinding that the licensed or funded provider is substantially out ofcompliance with the licensing or human rights regulations and that the healthor safety of consumers is at risk.
6. Withhold funds from licensees or programs receiving public funds that arein violation of the licensing or human rights regulations.
C. The Commissioner shall inform other public agencies that provide funds tothe licensee or the program, including the Departments of Social Services andMedical Assistance Services, of any licensee or program that is in violationof the licensing or human rights regulations.
D. The Board shall adopt regulations to implement the provisions of thissection.
(1999, c. 969, § 37.1-185.1; 2001, cc. 486, 506; 2005, c. 716.)
§ 37.2-419. Human rights and licensing enforcement and sanctions; notice.
A. As used in this section, "special order" means an administrative orderissued to any party licensed or funded by the Department that has a statedduration of not more than 12 months and that may include a civil penalty thatshall not exceed $500 per violation per day, prohibition of new admissions,or reduction of licensed capacity for violations of § 37.2-400, the licensingor human rights regulations, or this article.
B. Notwithstanding any other provision of law, following a proceeding asprovided in § 2.2-4019, the Commissioner may issue a special order for aviolation of any of the provisions of § 37.2-400 or any regulation adoptedunder any provision of § 37.2-400 or of this article that adversely affectsthe human rights of consumers or poses an imminent and substantial threat tothe health, safety, or welfare of consumers. The issuance of a special ordershall be considered a case decision as defined in § 2.2-4001. TheCommissioner shall not delegate his authority to impose civil penalties inconjunction with the issuance of special orders. The Commissioner may takethe following actions to sanction public and private providers licensed orfunded by the Department for noncompliance with § 37.2-400, the human rightsregulations, or this article:
1. Place any service of any such provider on probation upon finding that itis substantially out of compliance with the licensing or human rightsregulations and that the health or safety of consumers is at risk.
2. Reduce licensed capacity or prohibit new admissions when he concludes thatthe provider cannot or will not make necessary corrections to achievecompliance with licensing or human rights regulations except by a temporaryrestriction of its scope of service.
3. Require that probationary status announcements, provisional licenses, anddenial or revocation notices be of sufficient size and distinction and beposted in a prominent place at each public entrance of the affected service.
4. Mandate training for the provider's employees, with any costs to be borneby the provider, when he concludes that the lack of training has led directlyto violations of licensing or human rights regulations.
5. Assess civil penalties of not more than $500 per violation per day uponfinding that the licensed or funded provider is substantially out ofcompliance with the licensing or human rights regulations and that the healthor safety of consumers is at risk.
6. Withhold funds from licensees or programs receiving public funds that arein violation of the licensing or human rights regulations.
C. The Commissioner shall inform other public agencies that provide funds tothe licensee or the program, including the Departments of Social Services andMedical Assistance Services, of any licensee or program that is in violationof the licensing or human rights regulations.
D. The Board shall adopt regulations to implement the provisions of thissection.
(1999, c. 969, § 37.1-185.1; 2001, cc. 486, 506; 2005, c. 716.)
