Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VIII - Sanctions › Section 8VAC20-820-350 - Appeal process

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant
				  or licensee will receive a notice of the department's intent to impose an
				  administrative sanction. This notice will describe the 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 §
										22.1-289.023
				  of the Code of Virginia, the case decision is issued by the superintendent
				  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
E.
				  A final order of summary suspension for a child day program or family day
				  system not operated by an agency of the Commonwealth shall include notice that
				  the licensee may appeal the superintendent's decision to the appropriate
				  circuit court no later than 10 days following service of the order.
1. The sole issue before the court shall be
				  whether the superintendent had reasonable grounds to require the licensee to
				  cease operations during the pendency of the concurrent revocation, denial, or
				  other proceedings.
2. The
				  concurrent revocation, denial, or other proceedings shall not be affected by
				  the outcome of any hearing on the appropriateness of the summary
				  suspension.