Section 120. Actions that can be taken when decertified

When a facility or community residential program is decertified the board may consider taking the following actions in compliance with statutes, policies, and procedures established by the board, the department, or other state or federal agencies:

1. Board action for facilities or community residential programs that are privately operated may include, but not be limited to, the following:

a. The facility or program administrator authorized to take action may bring about a reorganization of the facility or community residential program structure or other personnel actions deemed necessary to bring it into compliance with standards; or

b. The facility or community residential program may be closed in accordance with established procedures.

2. Board action for facilities and community residential programs that are locally operated may include, but not be limited to, the following:

a. Recommend that the facility or program administrator authorized to take action bring about a reorganization of the facility or community residential program structure or other personnel actions deemed necessary to bring it into compliance with standards;

b. Recommend that the facility or community residential program be closed or contractual agreements terminated in accordance with established procedures; or

c. Initiate proceedings for the withholding of funds under the appropriate sections of the Code of Virginia.

Historical Notes

Derived from VR230-01-003:1 § 2.10, eff. May 1, 1993; amended, Volume 13, Issue 17, eff. July 1, 1997; Volume 23, Issue 22, eff. August 9, 2007; Volume 28, Issue 06, eff. December 21, 2011.

Statutory Authority

§ 53.1-5 of the Code of Virginia.