Section 161. Continuing and withdrawing full approval

A. The board shall receive and review the self-evaluation and survey reports pursuant to 18VAC90-20-160 B or complaints relating to program compliance. Following review, the board may continue the program on full approval so long as it remains in compliance with all requirements in Articles 1 (18VAC90-20-40 et seq.), 2 (18VAC90-20-133 et seq.) and 3 (18VAC90-20-151 et seq.) of this part.

B. If the board determines that a program is not maintaining the requirements of Articles 1, 2, and 3, or for causes enumerated in 18VAC90-20-132, it may:

1. Place the program on conditional approval with terms and conditions to be met within the time frame specified by the board; or

2. Withdraw program approval.

C. If the board either places a program on conditional approval with terms and conditions to be met within a time frame specified by the board or withdraws approval, the following shall apply:

1. No further action will be required of the board unless the program requests an informal conference pursuant to §§ 2.2-4019 and 54.1-109 of the Code of Virginia.

2. If withdrawal or continued program approval with terms and conditions is recommended following the informal conference, the recommendation shall be presented to the board or a panel thereof for review and action.

3. If the recommendation of the informal conference committee is accepted by the board or a panel thereof, the decision shall be reflected in a board order and no further action by the board is required unless the program requests a formal hearing within 30 days from entry of the order in accordance with § 2.2-4020 of the Code of Virginia.

4. If the decision of the board or a panel thereof following a formal hearing is to withdraw approval or continue on conditional approval with terms or conditions, the program shall be advised of the right to appeal the decision to the appropriate circuit court in accordance with § 2.2-4026 of the Code of Virginia and Part 2A of the Rules of the Supreme Court of Virginia.

D. If a program approval is withdrawn, no additional students may be admitted into the program effective upon the date of entry of the board's final order to withdraw approval. Further, the program shall submit quarterly reports until the program is closed, and the program must comply with board requirements regarding closure of a program as stated in 18VAC90-20-170.

Historical Notes

Derived from Volume 32, Issue 04, eff. November 18, 2015.

Statutory Authority

§§ 54.1-2400 and 54.1-3005 of the Code of Virginia.