Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part I - Introduction › Section 8VAC20-820-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Administrative hearing" means a hearing that is conducted
					 pursuant to §
										2.2-4020
					 of the Administrative Process Act.
"Adverse action" means any case where the department either
					 gives notice of revocation or refuses to issue a license for a child day
					 program or family day system or imposes another administrative sanction
					 pursuant to §
										22.1-289.023
					 of the Code of Virginia.
"Aggrieved party" means an applicant or licensee who has
					 requested an appeal in accordance with instructions provided after the
					 department has given written notice of the imposition of an administrative
					 sanction or adverse action for a child day program or family day system.
"Allowable variance" means permission is granted by the
					 department to a licensee or applicant for licensure to meet the intent of a
					 standard by some means other than as specified by the standard when the
					 applicant or licensee has demonstrated that (i) the implementation of a
					 standard would impose a substantial financial or programmatic hardship and (ii)
					 the variance would not adversely affect the safety and well-being of persons in
					 care.
"Applicant" means any individual; corporation; partnership;
					 association; limited liability company; local government; state agency,
					 including any department, institution, authority, instrumentality, board, or
					 other administrative agency of the Commonwealth; or other legal or commercial
					 entity that has applied for a license to operate or maintain a child day
					 program or family day system.
"Board" means the State Board of Education.
"Child day program" means a child day center or family day
					 system.
"Complaint" means an accusation that a facility that is
					 subject to licensure is operating without a license or that a licensed facility
					 is not in compliance with licensing standards or law.
"Conditional license" means a license that may be issued to
					 a new facility to operate in order to permit the applicant to demonstrate
					 compliance with specified standards.
"Consent agreement" means an agreement between the licensee
					 and the department that the licensee will perform specific actions for the
					 purpose of correcting violations to come into compliance with standards or
					 statutes.
"Day" means a calendar day unless otherwise
					 specified.
"Denial" means the act of refusing to grant a license after
					 receipt of an initial or renewal application.
"Department" means the Department of Education.
"Early compliance" means that the licensee has demonstrated
					 full compliance with requirements, allowing the department to replace a
					 provisional or conditional license with a regular license.
"Family day system" means any person who approves family
					 day homes as members of its system; who refers children to available family day
					 homes in that system; and who, through contractual arrangements, may provide
					 central administrative functions including training of operators of family day
					 homes; technical assistance and consultation to operators of member homes;
					 inspection, supervision, monitoring, and evaluation of member homes; and
					 referral of children to available health and social services.
"Functional design" means the design features of building
					 and grounds not regulated by the Virginia Uniform Statewide Building Code
					 (13VAC5-63), necessary for particular activities and operations of a facility
					 subject to licensure by the Department of Education.
"Good character and reputation" means findings have been
					 established and knowledgeable, reasonable, and objective people agree that the
					 individual (i) maintains business or professional, family, and community
					 relationships that are characterized by honesty, fairness, truthfulness, and
					 dependability; and (ii) has a history or pattern of behavior that demonstrates
					 the individual is suitable and able to administer a program for the care,
					 supervision, and protection of children. Relatives by blood or marriage and
					 persons who are not knowledgeable of the individual, such as recent
					 acquaintances, may not be considered objective references.
"Hearing" means agency processes other than those
					 informational or factual inquiries of an informal nature provided in
					 §§
										2.2-4007
					 and
					 2.2-4019
					 of the Code of Virginia and includes only (i) opportunity for private parties
					 to submit factual proofs in formal proceedings as provided in §
										2.2-4009
					 of the Code of Virginia in connection with the making of regulations or (ii) a
					 similar right of private parties of public agencies as provided in §
										2.2-4020
					 of the Code of Virginia in connection with case decisions.
"Hearing coordinator" means the person designated by the
					 Department of Education to perform certain administrative functions involved in
					 setting up and carrying out the hearings concerning adverse action on a license
					 for a child day program or family day system, as set out herein.
"Hearing officer" means an attorney selected from a list
					 maintained by the Executive Secretary of the Supreme Court in accordance with
					 §
										2.2-4024 of the
					 Code of Virginia to preside at hearings concerning adverse action on a license
					 for a child day program or family day system.
"Informal conference" means the informal fact-finding
					 procedures available pursuant to §§
										2.2-4019
					 and 2.2-3021 of the Code of Virginia.
"Licensee" means any individual; corporation; partnership;
					 association; limited liability company; local government; state agency,
					 including any department, institution, authority, instrumentality, board, or
					 other administrative agency of the Commonwealth; or other legal or commercial
					 entity to whom a license is issued and who is legally responsible for
					 compliance with the regulations and statutory requirements related to the
					 operation or maintenance of the child day program or family day system.
"Probationary status" means placing a licensee on notice
					 that the facility or agency is substantially out of compliance with the terms
					 of its license and the health, safety, and well-being of persons in care are at
					 risk. Probationary status is a precursor to more serious action such as
					 revocation, denial, or injunctive action unless immediate corrective action
					 occurs.
"Provisional license" means a license that may be issued
					 upon expiration of a regular license when the licensee is temporarily unable to
					 substantially comply with the requirements of the law and regulations.
"Recommended findings of fact and recommended decision"
					 means the report prepared by the hearing officer upon evidence presented in the
					 administrative hearing based on the applicable laws and regulations under which
					 the department operates.
"Regular license" means a license that is issued for 12
					 months or more as provided in Article 3, Chapter 14.1 (§
										22.1-289.010
					 et seq.) of Title 22.1 of the Code of Virginia to a facility determined to be
					 in substantial compliance with applicable standards and regulations. The actual
					 duration of the licensure period is stated on the license.
"Revocation" means the act of terminating a license during
					 its effective dates because of findings of serious noncompliance.
"Special order" means an order imposing an administrative
					 sanction issued to any party licensed pursuant to Title 22.1 of the Code of
					 Virginia by the superintendent that has a stated duration of not more than 12
					 months. A special order shall be considered a case decision as defined in
					 §
										2.2-4001 of the Code
					 of Virginia. The 12-month period begins 30 days after notification of the
					 issuance of a special order or at the conclusion of all appeal steps.
"Substantial compliance" means that while there may be
					 noncompliance with one or more standards that represents minimal risk,
					 compliance clearly and obviously exists with most of the standards as a
					 whole.
"Superintendent" means the Superintendent of Public
					 Instruction at the Department of Education.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.