§ 63.2-1710. Appeal from refusal, denial of renewal or revocation of license.
A. Whenever the Commissioner refuses to issue a license or to renew alicense, or revokes a license for an assisted living facility, adult day carecenter or child welfare agency, the provisions of the Administrative ProcessAct (§ 2.2-4000 et seq.) shall apply, except that all appeals from notice ofthe Commissioner's intent to refuse to issue or renew, or revoke a licenseshall be received in writing from the assisted living facility, adult daycare center or child welfare agency operator within fifteen days of the dateof receipt of the notice. Judicial review of a final review agency decisionshall be in accordance with the provisions of the Administrative Process Act.No stay may be granted upon appeal to the Virginia Supreme Court.
B. In every appeal to a court of record, the Commissioner shall be nameddefendant.
C. An appeal, taken as provided in this section, shall operate to stay anycriminal prosecution for operation without a license.
D. When issuance or renewal of a license as an assisted living facility oradult day care center has been refused by the Commissioner, the applicantshall not thereafter for a period of one year apply again for such licenseunless the Commissioner in his sole discretion believes that there has beensuch a change in the conditions on account of which he refused the priorapplication as to justify considering the new application. When an appeal istaken by the applicant pursuant to subsection A, the one-year period shall beextended until a final decision has been rendered on appeal.
E. When issuance or renewal of a license for a child welfare agency has beenrefused by the Commissioner, the applicant shall not thereafter for a periodof six months apply again for such license unless the Commissioner in hissole discretion believes that there has been such a change in the conditionson account of which he refused the prior application as to justifyconsidering the new application. When an appeal is taken by the applicantpursuant to subsection A, the six-month period shall be extended until afinal decision has been rendered on appeal.
(Code 1950, §§ 63-224.3, 63-250; 1954, c. 259; 1968, c. 578, §§ 63.1-180,63.1-213; 1973, c. 227; 1975, c. 539; 1986, c. 615; 1991, c. 532; 1992, c.356, § 63.1-194.10; 1993, cc. 957, 993; 1998, c. 850; 2002, c. 747.)
§ 63.2-1710. Appeal from refusal, denial of renewal or revocation of license.
A. Whenever the Commissioner refuses to issue a license or to renew alicense, or revokes a license for an assisted living facility, adult day carecenter or child welfare agency, the provisions of the Administrative ProcessAct (§ 2.2-4000 et seq.) shall apply, except that all appeals from notice ofthe Commissioner's intent to refuse to issue or renew, or revoke a licenseshall be received in writing from the assisted living facility, adult daycare center or child welfare agency operator within fifteen days of the dateof receipt of the notice. Judicial review of a final review agency decisionshall be in accordance with the provisions of the Administrative Process Act.No stay may be granted upon appeal to the Virginia Supreme Court.
B. In every appeal to a court of record, the Commissioner shall be nameddefendant.
C. An appeal, taken as provided in this section, shall operate to stay anycriminal prosecution for operation without a license.
D. When issuance or renewal of a license as an assisted living facility oradult day care center has been refused by the Commissioner, the applicantshall not thereafter for a period of one year apply again for such licenseunless the Commissioner in his sole discretion believes that there has beensuch a change in the conditions on account of which he refused the priorapplication as to justify considering the new application. When an appeal istaken by the applicant pursuant to subsection A, the one-year period shall beextended until a final decision has been rendered on appeal.
E. When issuance or renewal of a license for a child welfare agency has beenrefused by the Commissioner, the applicant shall not thereafter for a periodof six months apply again for such license unless the Commissioner in hissole discretion believes that there has been such a change in the conditionson account of which he refused the prior application as to justifyconsidering the new application. When an appeal is taken by the applicantpursuant to subsection A, the six-month period shall be extended until afinal decision has been rendered on appeal.
(Code 1950, §§ 63-224.3, 63-250; 1954, c. 259; 1968, c. 578, §§ 63.1-180,63.1-213; 1973, c. 227; 1975, c. 539; 1986, c. 615; 1991, c. 532; 1992, c.356, § 63.1-194.10; 1993, cc. 957, 993; 1998, c. 850; 2002, c. 747.)
§ 63.2-1710. Appeal from refusal, denial of renewal or revocation of license.
A. Whenever the Commissioner refuses to issue a license or to renew alicense, or revokes a license for an assisted living facility, adult day carecenter or child welfare agency, the provisions of the Administrative ProcessAct (§ 2.2-4000 et seq.) shall apply, except that all appeals from notice ofthe Commissioner's intent to refuse to issue or renew, or revoke a licenseshall be received in writing from the assisted living facility, adult daycare center or child welfare agency operator within fifteen days of the dateof receipt of the notice. Judicial review of a final review agency decisionshall be in accordance with the provisions of the Administrative Process Act.No stay may be granted upon appeal to the Virginia Supreme Court.
B. In every appeal to a court of record, the Commissioner shall be nameddefendant.
C. An appeal, taken as provided in this section, shall operate to stay anycriminal prosecution for operation without a license.
D. When issuance or renewal of a license as an assisted living facility oradult day care center has been refused by the Commissioner, the applicantshall not thereafter for a period of one year apply again for such licenseunless the Commissioner in his sole discretion believes that there has beensuch a change in the conditions on account of which he refused the priorapplication as to justify considering the new application. When an appeal istaken by the applicant pursuant to subsection A, the one-year period shall beextended until a final decision has been rendered on appeal.
E. When issuance or renewal of a license for a child welfare agency has beenrefused by the Commissioner, the applicant shall not thereafter for a periodof six months apply again for such license unless the Commissioner in hissole discretion believes that there has been such a change in the conditionson account of which he refused the prior application as to justifyconsidering the new application. When an appeal is taken by the applicantpursuant to subsection A, the six-month period shall be extended until afinal decision has been rendered on appeal.
(Code 1950, §§ 63-224.3, 63-250; 1954, c. 259; 1968, c. 578, §§ 63.1-180,63.1-213; 1973, c. 227; 1975, c. 539; 1986, c. 615; 1991, c. 532; 1992, c.356, § 63.1-194.10; 1993, cc. 957, 993; 1998, c. 850; 2002, c. 747.)
