§ 46.2-1190.5. Penalties and remedies for violations of article.
A. The Department shall impose the following penalties on any training centerfor violations of the requirements established by the Department or of thisarticle:
1. Limit the type of instruction provided by the training center;
2. Suspend or revoke the license of the training center;
3. Impose a civil penalty as set forth in § 46.2-1190.7; or
4. Impose any combination of the penalties set forth in this subsection.
B. When violations occur that are not found by the Department to pose athreat to the health, safety or welfare of the public or the courseparticipants, instructors or others associated with the course, theDepartment shall (i) notify the training center of the violations that haveoccurred, (ii) direct corrective action to be completed by the trainingcenter within 30 calendar days, and (iii) require a formal written responsedocumenting that corrections have been made as directed. Such violationsshall typically be associated with, but not limited to, training centeradministration and operations. If corrections are not completed as directed,the Department shall notify the training center and may impose any or all ofthe sanctions set forth in subsection A of this section. Such penalties shallcontinue until all required corrections are made and the Department receivesformal documentation confirming compliance.
The Department shall suspend the license of any training center that receivesthree or more notices under this subsection within any 12-month period. Suchsuspensions shall be for an initial 90-day period and shall continue untilall required corrections are made and the Department receives formaldocumentation confirming compliance.
C. When violations occur that are found by the Department to pose a threat tothe health, safety or welfare of the public or the course participants,instructors or others associated with the course, the Department shall (i)notify the training center of the violations that have occurred andimmediately limit all types of instruction provided by the training center,(ii) direct corrective action to be completed by the training center within30 calendar days of receipt of notice of such violations and (iii) shallrequire a formal written response documenting that corrections have been madeas directed. If corrections are not completed as directed, the Departmentshall suspend the license of the training center and impose a civil penaltyas set forth in § 46.2-1190.7. The period of such license suspension shallcontinue until all required corrections are made and the Department receivesformal documentation confirming compliance. If the required corrections arenot made within 30 calendar days of the suspension, the Department shallrevoke the license.
D. Once a training center license is revoked, the Department shall not renewor reissue the license until (i) it receives formal documentation confirmingcompliance with the required corrective actions, and (ii) the training centerapplies for renewal or reissuance. Such training centers shall not beeligible to apply for a license again until 180 calendar days after theDepartment receives formal documentation confirming compliance with therequired corrective actions.
E. Notice of an order suspending or revoking a license, imposing a limitationon training center operations or imposing a civil penalty, and advising thelicensee of the opportunity for a hearing as a result of such order, shall bein writing and mailed to the licensee by registered mail to the trainingcenter address as shown on the most recent licensee's application for licenseand shall be considered served when mailed.
Upon receipt of a request for a hearing appealing the order, the licenseeshall be afforded the opportunity for a hearing as soon as practicable, butin no case later than 30 days from receipt of the hearing request. The ordershall remain in effect pending the outcome of the hearing.
§ 46.2-1190.5. Penalties and remedies for violations of article.
A. The Department shall impose the following penalties on any training centerfor violations of the requirements established by the Department or of thisarticle:
1. Limit the type of instruction provided by the training center;
2. Suspend or revoke the license of the training center;
3. Impose a civil penalty as set forth in § 46.2-1190.7; or
4. Impose any combination of the penalties set forth in this subsection.
B. When violations occur that are not found by the Department to pose athreat to the health, safety or welfare of the public or the courseparticipants, instructors or others associated with the course, theDepartment shall (i) notify the training center of the violations that haveoccurred, (ii) direct corrective action to be completed by the trainingcenter within 30 calendar days, and (iii) require a formal written responsedocumenting that corrections have been made as directed. Such violationsshall typically be associated with, but not limited to, training centeradministration and operations. If corrections are not completed as directed,the Department shall notify the training center and may impose any or all ofthe sanctions set forth in subsection A of this section. Such penalties shallcontinue until all required corrections are made and the Department receivesformal documentation confirming compliance.
The Department shall suspend the license of any training center that receivesthree or more notices under this subsection within any 12-month period. Suchsuspensions shall be for an initial 90-day period and shall continue untilall required corrections are made and the Department receives formaldocumentation confirming compliance.
C. When violations occur that are found by the Department to pose a threat tothe health, safety or welfare of the public or the course participants,instructors or others associated with the course, the Department shall (i)notify the training center of the violations that have occurred andimmediately limit all types of instruction provided by the training center,(ii) direct corrective action to be completed by the training center within30 calendar days of receipt of notice of such violations and (iii) shallrequire a formal written response documenting that corrections have been madeas directed. If corrections are not completed as directed, the Departmentshall suspend the license of the training center and impose a civil penaltyas set forth in § 46.2-1190.7. The period of such license suspension shallcontinue until all required corrections are made and the Department receivesformal documentation confirming compliance. If the required corrections arenot made within 30 calendar days of the suspension, the Department shallrevoke the license.
D. Once a training center license is revoked, the Department shall not renewor reissue the license until (i) it receives formal documentation confirmingcompliance with the required corrective actions, and (ii) the training centerapplies for renewal or reissuance. Such training centers shall not beeligible to apply for a license again until 180 calendar days after theDepartment receives formal documentation confirming compliance with therequired corrective actions.
E. Notice of an order suspending or revoking a license, imposing a limitationon training center operations or imposing a civil penalty, and advising thelicensee of the opportunity for a hearing as a result of such order, shall bein writing and mailed to the licensee by registered mail to the trainingcenter address as shown on the most recent licensee's application for licenseand shall be considered served when mailed.
Upon receipt of a request for a hearing appealing the order, the licenseeshall be afforded the opportunity for a hearing as soon as practicable, butin no case later than 30 days from receipt of the hearing request. The ordershall remain in effect pending the outcome of the hearing.
§ 46.2-1190.5. Penalties and remedies for violations of article.
A. The Department shall impose the following penalties on any training centerfor violations of the requirements established by the Department or of thisarticle:
1. Limit the type of instruction provided by the training center;
2. Suspend or revoke the license of the training center;
3. Impose a civil penalty as set forth in § 46.2-1190.7; or
4. Impose any combination of the penalties set forth in this subsection.
B. When violations occur that are not found by the Department to pose athreat to the health, safety or welfare of the public or the courseparticipants, instructors or others associated with the course, theDepartment shall (i) notify the training center of the violations that haveoccurred, (ii) direct corrective action to be completed by the trainingcenter within 30 calendar days, and (iii) require a formal written responsedocumenting that corrections have been made as directed. Such violationsshall typically be associated with, but not limited to, training centeradministration and operations. If corrections are not completed as directed,the Department shall notify the training center and may impose any or all ofthe sanctions set forth in subsection A of this section. Such penalties shallcontinue until all required corrections are made and the Department receivesformal documentation confirming compliance.
The Department shall suspend the license of any training center that receivesthree or more notices under this subsection within any 12-month period. Suchsuspensions shall be for an initial 90-day period and shall continue untilall required corrections are made and the Department receives formaldocumentation confirming compliance.
C. When violations occur that are found by the Department to pose a threat tothe health, safety or welfare of the public or the course participants,instructors or others associated with the course, the Department shall (i)notify the training center of the violations that have occurred andimmediately limit all types of instruction provided by the training center,(ii) direct corrective action to be completed by the training center within30 calendar days of receipt of notice of such violations and (iii) shallrequire a formal written response documenting that corrections have been madeas directed. If corrections are not completed as directed, the Departmentshall suspend the license of the training center and impose a civil penaltyas set forth in § 46.2-1190.7. The period of such license suspension shallcontinue until all required corrections are made and the Department receivesformal documentation confirming compliance. If the required corrections arenot made within 30 calendar days of the suspension, the Department shallrevoke the license.
D. Once a training center license is revoked, the Department shall not renewor reissue the license until (i) it receives formal documentation confirmingcompliance with the required corrective actions, and (ii) the training centerapplies for renewal or reissuance. Such training centers shall not beeligible to apply for a license again until 180 calendar days after theDepartment receives formal documentation confirming compliance with therequired corrective actions.
E. Notice of an order suspending or revoking a license, imposing a limitationon training center operations or imposing a civil penalty, and advising thelicensee of the opportunity for a hearing as a result of such order, shall bein writing and mailed to the licensee by registered mail to the trainingcenter address as shown on the most recent licensee's application for licenseand shall be considered served when mailed.
Upon receipt of a request for a hearing appealing the order, the licenseeshall be afforded the opportunity for a hearing as soon as practicable, butin no case later than 30 days from receipt of the hearing request. The ordershall remain in effect pending the outcome of the hearing.
