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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 22. Social Services |
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Agency 40. Department of Social Services |
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Chapter 80. General Procedures and Information for Licensure |
Section 370. Appeal process
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A. The applicant or licensee will receive a notice of the department's intent to impose an administrative sanction. This notice will describe the sanction or sanctions and the reasons for the imposition. Service of the notice of adverse action is achieved by certified mailing of the notice to the applicant or licensee, unless service is made by other means and acknowledged by the applicant or licensee. If the applicant or licensee wishes to appeal the notice of adverse action, he shall have 15 days after receipt of the notice to note his appeal.
B. Upon receipt of the notice to impose an administrative sanction, the applicant or licensee has the right to appeal the decision in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The procedures for filing an appeal will be outlined in the notice. The applicant or licensee shall submit any appeal of imposition of an administrative sanction in writing within 15 days of receipt of the notice.
C. If the applicant or licensee fails to appeal the notice of adverse action within 15 days of receipt of the notice, the final order will be entered. The decision will take effect 30 days after receipt of the notice.
D. The appeal process available is governed by law. Where the sanction is imposed by means of a special order as provided in § 63.2-1709 of the Code of Virginia, the case decision is issued by the commissioner following findings and conclusions resulting from the informal conference. Other sanctions include a provision for an administrative hearing, which is described in § 2.2-4020 of the Code of Virginia, prior to the issuance of the case decision. For ease of reference, the process steps are displayed in the following chart:
List of Sanctions with Appeal Provisions
Informal Conference
Administrative Hearing
Circuit Court Review of Case Decision
ADMINISTRATIVE SANCTION
Place licensee on probation
X
X
Reduce licensed capacity
X
X
Restrict admissions
X
X
Mandate training for licensee or staff
X
X
Assess civil penalty
X
X
Require written contact with responsible persons
X
X
Prevent receipt of public funds
X
X
Deny application for new or renewal license
X
X
X
Revoke license
X
X
X
File petition for appointment of a receiver
X
Require assisted living facility to contract with administrator
X
X
X
Historical Notes
Derived from VR615-30-01 § 8.5, eff. July 1, 1989; amended, Volume 08, Issue 17, eff. July 1, 1992; Volume 11, Issue 03, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 23, Issue 06, eff. December 28, 2006.