reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part III - The License › Section 8VAC20-820-100 - Duration of licensure

Current through Register Vol. 40, No. 24, July 15, 2024
Each license and renewal thereof may be issued for a period
					 of up to three successive years. The criteria for determining the periods of
					 licensure are based on the activities, services, management, and compliance
					 history of the facility.
A three-year license may be issued when a facility's
					 activities, services, and management routinely substantially exceed the minimum
					 standards.
A two-year license may be issued when a facility's services
					 and management routinely meet and maintain compliance with minimum standards
					 and may exceed on a sustained basis in some areas.
An annual license may be issued when a facility's
					 activities, services, and management indicate an inconsistent level of
					 compliance but substantial compliance is reached. Some reinforcement and
					 guidance are needed in order for the facility to meet or maintain minimum
					 requirements.
EXCEPTION: A license, other than a conditional or
					 provisional license, issued to a child day center shall have a duration of two
					 years from the date of issuance.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part III - The License › Section 8VAC20-820-110 - Provisional license

Current through Register Vol. 40, No. 24, July 15, 2024
When a regular license expires and the applicant is
					 temporarily unable to comply with the requirements of the regulations, the
					 department may issue a provisional license for any period not to exceed six
					 months. A provisional license shall not be issued to a facility or agency
					 immediately following a conditional license. At the conclusion of the
					 provisional licensure period, the facility or agency must be in substantial
					 compliance with licensing standards or be denied a license to continue
					 operation.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part III - The License › Section 8VAC20-820-120 - Terms of the license

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  facility or an agency shall operate within the terms of its license, which are:
1. The operating name of the facility or
				  agency;
2. The name of the
				  individual, partnership, association, corporation, limited liability company,
				  or public entity sponsoring the facility or agency;
3. The physical location of the facility or
				  agency;
4. The maximum number of
				  children who may be in care at any time;
5. The period of time for which the license
				  is effective;
6. For child care
				  facilities or agencies, the age range of children for whom care may be
				  provided; and
7. Any other
				  limitations that the department may prescribe within the context of the
				  regulations for any facility or agency.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 8VAC20-820-130 - Provider support services

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  programmatic regulations require both general and specific training in various
				  subject areas. The department provides preapplication consultation, ongoing
				  technical assistance and consultation, and formal training sessions. The
				  department's licensing representatives will provide assistance to any person
				  seeking information about obtaining a license and information about initial and
				  ongoing training requirements.
B.
				  Applicants for licensure shall complete a prelicensure orientation program that
				  focuses on health and safety standards offered through or approved by the
				  department. The superintendent may, at the superintendent's discretion, waive
				  the orientation requirement or issue a license conditioned upon the owner's or
				  administrator's completion of the required training.
EXCEPTIONS: Applicants who have previously owned or managed
					 a facility in satisfactory compliance with regulations are exempt from the
					 requirements of prelicensure training.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 8VAC20-820-140 - The initial application

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Upon request, the department will provide an application form for a license to
				  operate a facility or agency. There are a number of licensing offices located
				  throughout the state.
B. The
				  department will consider an application complete when the application fee and
				  all the required information is submitted in the form required by the
				  department. The schedule of fees for licenses is provided in 8VAC20-830. If the
				  department finds the application incomplete, the applicant will be notified in
				  writing within 15 days of receipt of the incomplete application. If the
				  applicant does not resubmit a complete application within 30 days from the
				  notification, all materials except the nonrefundable fee will be returned to
				  the applicant.
C. The applicant
				  shall complete and submit the application to the department at least 60 days
				  prior to a planned opening date to allow the department time to act on the
				  application.
D. The applicant may
				  withdraw a request for a license.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 8VAC20-820-150 - Approval of buildings and functional design features

Current through Register Vol. 40, No. 24, July 15, 2024
A valid certificate of occupancy is one prerequisite for
					 licensure. When an application is for licensure of a building that has not
					 previously been used for the type of license or use group being sought, or when
					 renovations are made in the building, the department must approve functional
					 design features of the building in accordance with applicable department
					 regulations. The procedures are as follows:
1. Prior to beginning construction or
				  renovation, the applicant or prospective applicant shall submit to the
				  department floor plans that clearly indicate the use of space and other plans
				  for compliance with all requirements for the building and physical environment
				  contained in the applicable regulations.
(NOTE: Applicants and prospective applicants are urged to
					 present their plans for compliance with departmental regulations to the
					 department as early as possible and before entering into contracts in order to
					 assure that the building can be preapproved as meeting the department's
					 regulations. Architects, contractors, or building officials may not be
					 thoroughly familiar with these functional design requirements, and costly
					 errors can be avoided through early review by the department.)
2. The department will notify the
				  applicant or prospective applicant within 10 working days of receipt if the
				  plans to comply are incomplete, identifying the information still needed before
				  the request can be considered complete.
3. When a complete plan is received, the
				  department will issue within 20 days a preliminary approval statement or a
				  letter indicating disapproval of the plan and the reasons for disapproval.
(NOTE: A preliminary approval statement does not imply that
					 the department will approve the application for licensure since other factors
					 will affect issuance decisions.)
4. All preliminary approval statements are
				  conditional upon there being no change in the proposal or the circumstances
				  affecting them and upon approval of all required fire, health, or building
				  officials.
5. The department will
				  forward a copy of the preliminary approval statement to the appropriate
				  building official.
6. After
				  construction or renovation, department staff will make an on-site inspection to
				  evaluate compliance with the functional design requirements of the applicable
				  regulations. Findings of this on-site inspection will be forwarded to the
				  applicant and the local building official.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 8VAC20-820-160 - Investigation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon receipt of
				  the application the superintendent shall:
1.
				  Cause an investigation to be made of the activities, services, and facilities
				  of the applicant, and of his character and reputation;
2. If the applicant is an association,
				  partnership, limited liability company, or corporation, cause an investigation
				  of the character and reputation of its officers and agents; and
3. Upon receipt of the initial application,
				  cause an investigation of the applicant's financial responsibility.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 8VAC20-820-170 - Notice to the applicant of issuance or denial of a license

Current through Register Vol. 40, No. 24, July 15, 2024
A. When the
				  investigation is completed, the department will notify the applicant of its
				  decision regarding the issuance of a license.
B. When the department intends to deny the
				  license, the department will send a letter stating the reasons for this action
				  and the applicant's right to appeal the decision. (See Part VIII
				  (8VAC20-820-320 et seq.) of this chapter.)
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 8VAC20-820-180 - Determination of continued compliance (renewal and monitoring inspections)

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to
				  determine continued compliance with standards during the effective dates of the
				  license, the department's licensing representative will make announced and
				  unannounced inspections of the facility or agency during the hours of its
				  operation. The licensee is responsible for correcting any areas of
				  noncompliance found during renewal or monitoring inspections.
B. All licensed child day programs and family
				  day systems shall be inspected at least twice a year. At least one unannounced
				  inspection of each licensed facility shall be made each year.
C. The department's representative may also
				  make such inspections of any homes or facilities that are approved by the
				  licensee for the care of children as one of the licensed services of the
				  agency.
D. For any licensed child
				  day center or family day system, the department may conduct such other
				  announced or unannounced inspections as are considered appropriate.
NOTE: When necessary to respond to excessive workloads or
					 to give priority to higher risk situations, the department may use its
					 discretion to increase or decrease the frequency of announced and unannounced
					 inspections made to licensed facilities during the year.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 8VAC20-820-190 - Modification

Current through Register Vol. 40, No. 24, July 15, 2024
A. The licensee may
				  request a modification of the terms of a license at any time during the period
				  of the license. The request must be submitted in writing to the department's
				  representative.
The department will evaluate written information about any
					 planned changes in operation that would affect either the terms of the license
					 or the continuing eligibility for a license. A licensing representative may
					 inspect the facility during the process of evaluating a proposed
					 modification.
Examples of such changes are: changes in the number of
					 children to be served, staff responsibilities, availability and use of the
					 physical plant, and changes in program focus or needs of the population to be
					 served.
B. If a modification
				  can be granted under the standards, the department will issue a modified
				  license reflecting the changes. In the event that a new application is needed
				  or the modification cannot be granted, the licensee will be advised by
				  letter.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 8VAC20-820-200 - Early compliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  provisional or conditional license may be voided and a regular license issued
				  when all of the following conditions exist:
1.
				  The facility or agency complies with all standards listed on the face of the
				  provisional or conditional license prior to the mid-point of the licensure
				  period or within 90 days of the expiration date of the provisional or
				  conditional license, whichever comes first, and the facility or agency is in
				  substantial compliance with all other standards.
2. Compliance has been verified by an on-site
				  observation by the department's licensing representative or, when applicable,
				  by written evidence provided by the licensee.
3. All other terms of the license remain the
				  same.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 8VAC20-820-210 - Renewal process

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department will send an application for renewal of the license to the licensee
				  prior to the expiration date of the current license. The licensee shall submit
				  the completed application form, including all attachments and the licensing
				  application fee, in a timely manner to assure adequate time for processing by
				  the department. In order for the application to be considered complete, the
				  licensee must have paid any outstanding civil penalty assessed in a case
				  decision.
B. The department will
				  not process a renewal application that is not complete or when the current
				  license is being denied or revoked in accordance with the provisions of the
				  Administrative Process Act.
C.
				  Should a current license expire before a new license is issued, the current
				  license shall remain in effect provided that a complete application was filed
				  prior to expiration of the current license and a decision for licensure is
				  pending.
D. The department will
				  follow the procedure for investigation and notice to the applicant previously
				  outlined in 8VAC20-820-160, 8VAC20-820-170, and 8VAC20-820-180.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part V - Allowable Variances › Section 8VAC20-820-220 - Conditions for initiating a request

Current through Register Vol. 40, No. 24, July 15, 2024
A licensee or applicant may request an allowable variance
					 when he believes that the existing standard or requirement poses a substantial
					 financial or programmatic hardship and when he believes that either an
					 alternative method of compliance with the intent of the standard that is
					 causing the hardship, or the actual suspension of all or part of that standard,
					 would neither endanger the safety or well-being of persons in care nor create a
					 violation of statutes or of the requirements of another regulatory
					 agency.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part V - Allowable Variances › Section 8VAC20-820-230 - Process

Current through Register Vol. 40, No. 24, July 15, 2024
A. The licensee or
				  applicant shall make a written request for consideration of an allowable
				  variance. The department's licensing representative may provide consultation to
				  the applicant or licensee in the development of the written request and
				  throughout the allowable variance process.
1.
				  The licensee or applicant shall describe the special hardship or hardships to
				  the existing program or to a planned innovative or pilot program that will be
				  caused by the enforcement of the requirement or requirements.
2. The licensee or applicant shall propose
				  alternatives to meet the purpose of the requirement that will ensure the
				  protection and well-being of persons in care.
3. The licensee or applicant shall obtain,
				  when requested by the department, the opinions of professionals in the field or
				  documented research, or both, that the proposed activities, facilities, or
				  equipment are not injurious to persons in care.
4. The department can authorize allowable
				  variances only to its own licensing standards, not to regulations of another
				  agency or to any requirement in federal, state, or local laws.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VI - Problem Solving Conferences › Section 8VAC20-820-240 - Initiating a request for a problem solving conference

Current through Register Vol. 40, No. 24, July 15, 2024
When an applicant or licensee has concerns about licensing
					 procedures, interpretation of standards, or the actions of licensing personnel
					 that cannot be resolved satisfactorily in discussion with the assigned
					 licensing representative, the problem solving steps outlined below are
					 available.
Licensing staff may also initiate a request for problem
					 solving conferences with applicants or licensees when the need
					 arises.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VI - Problem Solving Conferences › Section 8VAC20-820-250 - First step review

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant
				  or licensee may request either a desk review by, or a meeting with, the
				  assigned licensing representative's immediate supervisor.
B. If the request stems from a desire to
				  contest the findings or conclusions of an inspection, the following procedures
				  shall apply:
1. The applicant or licensee
				  shall make the request within 15 days of receiving the compliance
				  plan.
2. The request shall specify
				  the contested finding or conclusion and shall specify whether a desk review or
				  conference is being requested.
3.
				  The request shall include the applicant's or licensee's reasons or other
				  evidence supporting the request for a review or a conference.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VI - Problem Solving Conferences › Section 8VAC20-820-260 - Second step review

Current through Register Vol. 40, No. 24, July 15, 2024
A. If after
				  the first step review, the applicant or licensee believes that the laws,
				  regulations, or departmental policies have been applied or interpreted in a
				  manner that was unreasonable, arbitrary or capricious, he may request a second
				  step review by program supervisory personnel as assigned by the Director of
				  Child Care Licensing Programs according to the provisions of this
				  section.
B. A second step review
				  shall not be requested to challenge the content of an established law,
				  regulation, or policy. However, the application of a law, regulation, or policy
				  may be challenged.
C. When a second
				  step review is requested, the request must be in writing.
D. The second step review request shall:
1. Be made within 15 days of the date of the
				  first step response;
2. Specify the
				  reason for requesting the second step informal review and include such
				  information, explanation, or additional materials as necessary to support the
				  applicant's or licensee's belief that the decision reached at the first step
				  was unreasonable, arbitrary, or capricious; and
3. Include a copy of relevant materials and
				  correspondence developed at the first step of the informal appeal
				  process.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VI - Problem Solving Conferences › Section 8VAC20-820-270 - Enforcement of disputed regulation

Current through Register Vol. 40, No. 24, July 15, 2024
Nothing in this part shall prohibit the department from
					 exercising its responsibility and authority to enforce the disputed regulation
					 during the problem solving process, including proceeding directly to imposition
					 of administrative sanctions, or recommending petitions for injunction when, in
					 the judgment of the Director, Office of Child Care Licensing, there is
					 sufficient risk to persons in care to do so whether or not the steps available
					 in the problem solving process have been exhausted.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VII - Complaint Investigation › Section 8VAC20-820-280 - Receipt of complaints

Current through Register Vol. 40, No. 24, July 15, 2024
Complaints may be received in written or oral form and may
					 be anonymous. The department maintains a toll-free telephone line to receive
					 complaints on all licensed facilities.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VII - Complaint Investigation › Section 8VAC20-820-290 - Investigation of complaints

Current through Register Vol. 40, No. 24, July 15, 2024
The department has the responsibility to investigate any
					 complaints regarding alleged violations of the standards or statutes and
					 complaints of the abuse and neglect of persons in care.
NOTE: In an investigation involving suspected child abuse,
					 neglect, or exploitation in a licensed facility, the investigation will be
					 conducted jointly with the local department of social services whenever
					 possible in accordance with departmental policy.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VII - Complaint Investigation › Section 8VAC20-820-300 - Notification of findings

Current through Register Vol. 40, No. 24, July 15, 2024
When the investigation is completed, the licensee will be
					 notified of the findings of the investigation. Any necessary corrective action
					 will be identified.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VII - Complaint Investigation › Section 8VAC20-820-310 - Licensee's responsibility

Current through Register Vol. 40, No. 24, July 15, 2024
The licensee is responsible for correcting any areas of
					 noncompliance found during a complaint investigation.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VIII - Sanctions › Section 8VAC20-820-320 - Violation of standards or statutes

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Superintendent of the Department of
				  Education may impose such sanctions or take such actions as are appropriate for
				  violation of any of the standards or statutes or for abuse or neglect of
				  persons in care.
B. The following
				  reasons may be considered by the department for the imposition of
				  administrative sanctions:
1. Failure to
				  demonstrate or maintain compliance with applicable standards or for violations
				  of the provisions of the Code of Virginia;
2. Permitting, aiding, or abetting the
				  commission of any illegal act in the licensed facility or agency;
3. Engaging in conduct or practices that are
				  in violation of statutes and standards relating to abuse, neglect, or
				  exploitation of children; or
4.
				  Deviating significantly from the program or services for which a license was
				  issued without obtaining prior written approval from the department, or failure
				  to correct such deviations within a specified time.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VIII - Sanctions › Section 8VAC20-820-340 - Summary suspension procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. In conjunction with any proceeding for
				  revocation, denial, or other action when conditions or practices exist that
				  pose an immediate and substantial threat to the health, safety, and welfare of
				  children, the Superintendent may issue a notice of summary suspension of the
				  license to operate a child day program or family day system or of certain
				  authority of the licensee to provide certain services or perform certain
				  functions.
B. The hearing
				  coordinator will select a hearing officer from a list prepared by the Executive
				  Secretary of the Supreme Court of Virginia and will schedule the time, date,
				  and location of the hearing to determine whether the suspension is appropriate
				  as required by §
										22.1-289.022C
				  or
				  22.1-289.024C
				  of the Code of Virginia.
C.
				  Simultaneously with the issuance of a notice of revocation, denial, or other
				  action, the superintendent will issue to the licensee a notice of summary
				  suspension setting forth the following:
1.
				  The procedures for the summary suspension;
2. The hearing and appeal rights as set forth
				  in this subsection;
3. Facts and
				  evidence that formed the basis for which the summary order of suspension is
				  sought; and
4. The time, date, and
				  location of the hearing.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VIII - Sanctions › Section 8VAC20-820-360 - Failure to pay civil penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  If an outstanding civil penalty assessed after a case decision is not paid as
				  required, the superintendent shall have the authority to:
1. Assess a late fee if the civil penalty
				  payment is 60 days overdue, provided the total of the civil penalty and late
				  fee do not exceed the penalty set forth in §
											22.1-289.023
				  of the Code of Virginia;
2. Reduce
				  the duration of the licensure period if the civil penalty payment is 60 days
				  overdue; and
3. Deny renewal or
				  revoke the license if the civil penalty payment is 90 days
				  overdue.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 8VAC20-820-370 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
The appeal process as set forth in this part shall apply
					 whenever the Department of Education takes adverse action on a license for a
					 child day program or family day system. Therefore, whenever the department
					 either revokes or refuses to issue or renew a license or imposes any other
					 sanction for a child day program or family day system, the procedures specified
					 in this part to produce a case decision shall be initiated.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 8VAC20-820-380 - Statutory basis for appeal process

Current through Register Vol. 40, No. 24, July 15, 2024
The Department of Education is mandated by statute to
					 enforce the standards adopted by the State Board of Education pursuant to
					 §
										22.1-289.046
					 of the Code of Virginia, regarding facilities required to be licensed under
					 Chapter 14.1 (§
										22.1-289.010
					 et seq.) of Title 22.1 of the Code of Virginia. As part of this enforcement
					 duty, §
										22.1-289.024
					 of the Code of Virginia requires that the procedures under the Administrative
					 Process Act (§
										2.2-4000 et
					 seq., of the Code of Virginia) shall apply whenever the department takes
					 adverse action.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 8VAC20-820-390 - Duties of the hearing coordinator

Current through Register Vol. 40, No. 24, July 15, 2024
The hearing coordinator is the person designated by the
					 Department of Education to perform certain administrative functions involved in
					 setting up and carrying out the appeal process. The hearing coordinator's
					 duties include the following:
1.
				  Making a request to the Supreme Court for a hearing officer upon timely request
				  for a formal administrative hearing.
2. Scheduling the date, time and location for
				  the hearing.
3. Ensuring that a
				  court reporter has been hired to record the hearing.
4. Preparing appropriate material for
				  distribution to all participants. This includes the appointment of the hearing
				  officer, preparing the notice of the hearing, and preparing the forms for the
				  hearing officer to subpoena witnesses. It also includes submission of documents
				  in the record, appropriate standards and any other pertinent information to all
				  participants.
5. Monitoring the
				  status of proceedings and the observance of timeframes throughout the appeal
				  process.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 8VAC20-820-410 - Consent agreements

Current through Register Vol. 40, No. 24, July 15, 2024
A. A consent
				  agreement may be proposed by a licensee in lieu of adverse action. The proposed
				  consent agreement shall be submitted no later than five work days prior to the
				  conference unless different arrangements are agreed upon with the chair. In no
				  case may a proposed consent agreement be submitted later than the day of the
				  informal conference.
B. An
				  acceptable consent agreement shall contain the following specific elements:
1. Dates of key actions, such as letter of
				  sanction, timely appeal, the informal conference (if already held), and the
				  names of the parties;
2. The
				  assertion that all violations detailed in the letter of denial or revocation
				  have been corrected or will be corrected by a time specified in the proposed
				  agreement;
3. A description in
				  detail of the case-specific systemic solution proposed that addresses the
				  causes of the past history of violations, including the methods the licensee
				  has in place to prevent violations and to monitor results;
4. A stipulation by the licensee to the
				  validity of the violations enumerated in the specified correspondence and
				  waiver of right to hearing under the Administrative Process Act (§
											2.2-4000 et
				  seq. of the Code of Virginia) solely with respect to those
				  violations;
5. The duration of the
				  consent agreement, including the information that the period begins when the
				  division director signs;
6. A
				  statement that when the division director signs the agreement, signifying final
				  acceptance, the division director is also agreeing to rescind the outstanding
				  adverse action and that the licensee is agreeing to withdraw all appeals to
				  that action; and
7. A statement
				  outlining conditions for termination of the final agreement for cause and the
				  nature of the licensee's appeal rights in that event.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 8VAC20-820-420 - Acknowledgment of request for an administrative hearing

Current through Register Vol. 40, No. 24, July 15, 2024
Upon receipt of the written request from the aggrieved
					 party for an administrative hearing pursuant to §§
										2.2-4020
					 and
					 2.2-4021
					 of the Code of Virginia, a hearing will be scheduled in the locality where the
					 aggrieved party operates unless he expressly waives this venue provision
					 (§
										8.01-261
					 of the Code of Virginia). The hearing coordinator will request appointment of a
					 hearing officer from the list of qualified attorneys kept by the Supreme Court
					 of Virginia. After a hearing officer is appointed and duly designated by the
					 superintendent, a notice of hearing will be sent to the aggrieved party with a
					 copy to the agency representative for the case. The department may be
					 represented either by counsel or by agency staff authorized by §
										2.2-509
					 of the Code of Virginia. After the hearing officer is appointed, the hearing
					 coordinator will forward a copy of the relevant licensing standards and appeal
					 procedures to the hearing officer. The hearing coordinator will not be directly
					 involved in any investigation or litigation function in connection with the
					 case.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 8VAC20-820-430 - Continuances

Current through Register Vol. 40, No. 24, July 15, 2024
A request for continuance shall be made to the hearing
					 officer at least five days prior to the time designated for the hearing, except
					 in cases of emergency. No continuance of an administrative hearing shall be
					 granted except at the discretion of the hearing officer, for good cause shown
					 and with due consideration of the potential risks to children in the facility
					 from extended exposure to conditions detailed in the agency's revocation or
					 denial letter. All parties involved in a hearing shall avoid delay caused by
					 unnecessary postponements or continuances so that a decision can be made
					 expeditiously.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 8VAC20-820-440 - Recesses and postponements

Current through Register Vol. 40, No. 24, July 15, 2024
The hearing officer has authority to grant recesses and
					 postponements where necessary for the convenience and comfort of the parties,
					 witnesses, and the court reporter.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 8VAC20-820-450 - Prehearing conferences

Current through Register Vol. 40, No. 24, July 15, 2024
The hearing officer has the statutory power to hold
					 conferences for the settlement or simplification of issues by the parties. The
					 hearing officer may hold a prehearing conference for the stipulation of certain
					 facts or for any other purposes that might be accomplished by such a
					 preliminary process. It may be useful for the hearing officer to direct the
					 parties to submit to him and exchange in advance of the conference: proposed
					 statements of issues, proposed stipulations, requests for information,
					 statements of position, proposed procedural data, and the exchange of exhibits.
					 The notice for such a prehearing conference must be established by the hearing
					 officer as to the date, time and place for such conference. It will not be
					 necessary to provide a verbatim reporting of the prehearing conference. A
					 report summarizing the results of this conference must be prepared, consisting
					 of a list of appearances, agreements reached, the hearing officer's rulings,
					 and other matters decided. A copy of this report shall be provided to all
					 persons who entered appearances, which shall become part of the agency
					 record.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 8VAC20-820-460 - Conduct of hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. To initiate
				  the proceedings, the hearing officer will call the hearing to order and make a
				  brief statement giving the name of the proceeding, its case number, the names
				  of all persons present and involved in the proceeding, and other appropriate
				  introductory remarks such as the general rules of decorum and conduct. The
				  parties shall be entitled to be accompanied by and represented by counsel.
				  Before the formal presentation of evidence begins, the parties should be given
				  an opportunity to bring up any preliminary matters or motions. If a hearing
				  officer has questions or issues regarding the procedures in the hearing or his
				  role in conducting the hearing, these questions shall be directed to the
				  hearing coordinator. The parties at administrative hearings have the right to
				  conduct cross-examination to obtain full and fair disclosure of the facts. The
				  hearing officer will decide if the hearing will be open to the
				  public.
B. The following shall be
				  the order of proceedings at all hearings, subject to modification by the
				  hearing officer before such hearing is commenced, for good cause:
1. Presentation, argument, and disposition of
				  all preliminary matters and motions.
2. Presentation of opening statements. Such
				  statements are not subject to cross-examination or an opportunity to present
				  argumentative testimony.
3. Agency
				  representative presents the case, calling witnesses in such order as is seen
				  fit. Each witness should be subject to direct, cross, and redirect examination.
				  Both the counsel for the adverse party and the hearing officer may direct
				  questions to the witness.
4. The
				  aggrieved party should present its case, using the same guidelines as
				  established in subdivision 3 of this subsection.
5. Rebuttal evidence by the agency
				  representative should be permitted.
6. At the close of the presentation of
				  evidence, the parties may exercise their rights pursuant to §§
											2.2-4020
				  and
				  2.2-4021
				  of the Code of Virginia. The parties, on request, shall be given the
				  opportunity for closing argument and may submit for the record, in writing,
				  proposed findings and conclusions.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 8VAC20-820-470 - Rules of evidence

Current through Register Vol. 40, No. 24, July 15, 2024
A. The burden of
				  proof shall be upon the proponent. Therefore, if this is a situation where the
				  department has revoked a license or imposed another administrative sanction
				  subject to appeal by administrative hearing, the department is the proponent
				  and has the burden of proof. However, in cases where the department has refused
				  to grant an initial or renewal license, the proponent is the applicant and has
				  the burden of proving that it should be granted a license.
B. The formal rules of evidence shall not
				  apply. The hearing officer shall receive any probative evidence, and should
				  strike, on objection or own motion, evidence that is irrelevant, immaterial,
				  insubstantial, privileged, or repetitive, as required by §§
										2.2-4020
				  and
				  2.2-4021
				  of the Code of Virginia. If a question or answer at hearing is irrelevant,
				  improper, or excludable, the hearing officer may strike it without waiting for
				  an objection.
C. A party to the
				  hearing may conduct examinations or cross examinations without rigid adherence
				  to formal rules of evidence, provided the examination or cross examination does
				  not become abusive or constitute harassment of the witness, and the examination
				  can be shown to be necessary to result in full and fair disclosure of the facts
				  bearing upon matters in issue. The hearing officer may examine all or any of
				  the witnesses at the hearing.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 8VAC20-820-480 - The record at hearing

Current through Register Vol. 40, No. 24, July 15, 2024
All testimony in the administrative hearing must be
					 recorded either stenographically or by mechanical means. All documents or other
					 evidence received are also part of the record and must be maintained. In
					 addition, a record must be maintained of all evidence offered but excluded. See
					 Rule 2A: 3 (c) of the Rules of the Supreme Court of Virginia. As a matter of
					 practice, it would be appropriate for the hearing officer to conditionally
					 receive evidence and thereafter, if it is excludable, to avoid considering it
					 in making the decision. In this way, if it is determined on judicial review
					 that the hearing officer erroneously decided that the evidence was excludable,
					 the case can be remanded for reconsideration of the evidence submitted but
					 rejected as exhibits.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.