reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part III - The License › Section 22VAC40-80-60 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  license to operate a facility or agency is issued to a specific person or
				  organization to provide out-of-home care to children or adults. An organization
				  may be a partnership, association, corporation, limited liability company, or
				  public entity.
B. Pursuant to
				  §
										63.2-1712 of the Code of
				  Virginia, any person, officer, or member of a governing board of any
				  association or corporation that operates an assisted living facility, adult day
				  center, or child welfare agency shall be guilty of a Class 1 misdemeanor if the
				  individual:
1. Interferes with any
				  representative of the commissioner in the discharge of licensing
				  duties;
2. Makes to the
				  commissioner or any representative of the commissioner any report or statement
				  with respect to the operation of any assisted living facility, adult day
				  center, or child welfare agency that is known by such person to be false or
				  untrue;
3. Operates or engages in
				  the conduct of these facilities without first obtaining a license as required
				  or after such license has been revoked, suspended, or has expired and not been
				  renewed; or
4. Operates or engages
				  in the conduct of one of these facilities serving more persons than the maximum
				  stipulated in the license.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part III - The License › Section 22VAC40-80-70 - Nontransferability of license

Current through Register Vol. 40, No. 24, July 15, 2024
A license is not transferable when there is a change in the
					 ownership or location of the facility or agency to which the license has been
					 issued.
Licenses issued for private child placing agencies are
					 transferable when agencies change location.
Statutory Authority: §§ 63.2-217. 63.2-1732,
						63.2-1733, and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part III - The License › Section 22VAC40-80-80 - Conditional license

Current through Register Vol. 40, No. 24, July 15, 2024
The department may issue a conditional license to a new
					 facility or agency in order to permit the applicant to demonstrate compliance
					 with specified standards. A conditional license may be renewed, but the
					 issuance of a conditional license and any renewals thereof shall be for no
					 longer a period than six successive months. When the conditional period is
					 over, the facility or agency must substantially meet the standards or be denied
					 a license. Conditional licenses may be used only for new facilities or
					 agencies.
Statutory Authority
§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part III - The License › Section 22VAC40-80-90 - Regular license

Current through Register Vol. 40, No. 24, July 15, 2024
A regular license is issued when the activities, services,
					 facilities, and applicant's financial responsibility substantially meet the
					 requirements for a license that are set forth by regulations adopted by the
					 State Board of Social Services and any additional requirements that may be
					 specified by the Code of Virginia.
Statutory Authority: §§ 63.2-217. 63.2-1732,
						63.2-1733, and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part III - The License › Section 22VAC40-80-100 - 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.
Statutory Authority: §§ 63.2-217. 63.2-1732,
						63.2-1733, and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part III - The License › Section 22VAC40-80-110 - 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 12
					 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: §§ 63.2-217, 63.2-1732,
						63.2-1733, and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part III - The License › Section 22VAC40-80-120 - Terms of the license

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  facility or 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 or adults who may be in care at any time;
5. The period of time for which the license
				  is effective;
6. For child welfare
				  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 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 22VAC40-80-130 - 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,
				  and residents' rights where applicable, offered through or approved by the
				  department. The commissioner may, at his discretion, waive the orientation
				  requirement or issue a license conditioned upon the owner's or administrator's
				  completion of the required training.
EXCEPTIONS: The following persons are exempt from the
					 requirements of prelicensure training:
1. An applicant who has previously owned or
				  managed a facility in satisfactory compliance with regulations; and
2. Applicants for adult day care centers and
				  child welfare agencies if notified by the department that such training is
				  unavailable.
Statutory Authority
§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 22VAC40-80-130 - 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, and residents' rights where applicable,
				  offered through or approved by the department. The commissioner may, at the
				  commissioner's discretion, waive the orientation requirement or issue a license
				  conditioned upon the owner's or administrator's completion of the required
				  training.
EXCEPTIONS: The following persons are exempt from the
					 requirements of prelicensure training:
1. An applicant who has previously owned or
				  managed a facility in satisfactory compliance with regulations; and
2. Applicants for adult day centers and child
				  welfare agencies if notified by the department that such training is
				  unavailable.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 22VAC40-80-140 - 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 22VAC40-160, Fee
				  Requirements for Processing Applications. 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
§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 22VAC40-80-150 - 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
§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 22VAC40-80-160 - Investigation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon receipt of
				  the application the commissioner 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 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 22VAC40-80-170 - 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 (22VAC40-80-330 et seq.) of this
				  chapter.)
Statutory Authority
§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 22VAC40-80-180 - 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 welfare agencies shall
				  be inspected at least twice a year. At least one unannounced inspection of each
				  licensed facility shall be made each year.
C. Adult day care centers issued a license
				  for a period of six months shall be inspected at least two times during the
				  six-month period, and at least one of those inspections shall be unannounced.
				  Adult day care centers issued a license for a period of one year shall be
				  inspected at least three times each year, and at least two of those inspections
				  shall be unannounced. Adult day care centers issued a license for a period of
				  two years shall be inspected at least two times each year, and at least one of
				  those inspections shall be unannounced. Adult day care centers issued a license
				  for a period of three years shall be inspected at least one time each year, and
				  that inspection shall be unannounced.
D. Assisted living facilities issued a
				  license for a period of six months shall be inspected at least two times during
				  the six-month period, and at least one of those inspections shall be
				  unannounced.
E. Assisted living
				  facilities issued a license for a period of one, two, or three years shall be:
1. Inspected at least once each year, and
				  that inspection shall be unannounced; and
2. Inspected as needed based on compliance
				  with applicable laws and regulations.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 22VAC40-80-180 - 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 welfare agencies shall
				  be inspected at least twice a year. At least one unannounced inspection of each
				  licensed facility shall be made each year.
C. Adult day centers issued a license for a
				  period of six months shall be inspected at least two times during the six-month
				  period, and at least one of those inspections shall be unannounced. Adult day
				  centers issued a license for a period of one year shall be inspected at least
				  three times each year, and at least two of those inspections shall be
				  unannounced. Adult day centers issued a license for a period of two years shall
				  be inspected at least two times each year, and at least one of those
				  inspections shall be unannounced. Adult day centers issued a license for a
				  period of three years shall be inspected at least one time each year, and that
				  inspection shall be unannounced.
D.
				  Assisted living facilities issued a license for a period of six months shall be
				  inspected at least two times during the six-month period, and at least one of
				  those inspections shall be unannounced.
E. Assisted living facilities issued a
				  license for a period of one, two, or three years shall be:
1. Inspected at least once each year, and
				  that inspection shall be unannounced; and
2. Inspected as needed based on compliance
				  with applicable laws and regulations.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 22VAC40-80-190 - 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 or adults 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
§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 22VAC40-80-200 - 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 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IV - The Licensing Process › Section 22VAC40-80-210 - 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
				  22VAC40-80-160,
				  22VAC40-80-170, and
				  22VAC40-80-180.
Statutory Authority
§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part V - Allowable Variances › Section 22VAC40-80-230 - 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
§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part V - Allowable Variances › Section 22VAC40-80-240 - 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 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 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VI - Problem Solving Conferences › Section 22VAC40-80-250 - 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
§§ 63.2-1732, 63.2-1734, 63.2-1802 and
						63.2-1803 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VI - Problem Solving Conferences › Section 22VAC40-80-260 - 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 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VI - Problem Solving Conferences › Section 22VAC40-80-270 - 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
				  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 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VI - Problem Solving Conferences › Section 22VAC40-80-280 - 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, Division of Licensing Programs, 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
§§ 63.2-1732, 63.2-1734, 63.2-1802 and
						63.2-1803 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VII - Complaint Investigation › Section 22VAC40-80-290 - 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
§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VII - Complaint Investigation › Section 22VAC40-80-300 - 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 adult or
					 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
§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VII - Complaint Investigation › Section 22VAC40-80-310 - 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
§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VII - Complaint Investigation › Section 22VAC40-80-320 - 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
§§ 63.2-1732, 63.2-1734, 63.2-1802 and
						63.2-1803 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VIII - Sanctions › Section 22VAC40-80-330 - Violation of standards or statutes

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Commissioner of the Department of
				  Social Services 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 adults; 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 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VIII - Sanctions › Section 22VAC40-80-345 - 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
				  the residents, the commissioner may issue a notice of summary suspension of the
				  license to operate an assisted living facility or a child welfare agency 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 §
										63.2-1709C
				  or
				  63.2-1709.1C
				  of the Code of Virginia.
C.
				  Simultaneously with the issuance of a notice of revocation, denial or other
				  action, the commissioner 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 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VIII - Sanctions › Section 22VAC40-80-375 - 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 commissioner 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 §
											63.2-1709.2
				  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 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-390 - 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 Social Services takes adverse action on a license
					 for an assisted living facility, adult day care center or child welfare agency.
					 Therefore, whenever the department either revokes or refuses to issue or renew
					 a license or imposes any other sanction for an assisted living facility, adult
					 day care center, or child welfare agency, the procedures specified in this part
					 to produce a case decision shall be initiated.
Statutory Authority
§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-390 - 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 Social Services takes adverse action on a license
					 for an assisted living facility, adult day center or child welfare agency.
					 Therefore, whenever the department either revokes or refuses to issue or renew
					 a license or imposes any other sanction for an assisted living facility, adult
					 day center, or child welfare agency, the procedures specified in this part to
					 produce a case decision shall be initiated.
Statutory Authority: §§
												63.2-217 and
						63.2-1733 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-400 - Statutory basis for appeal process

Current through Register Vol. 40, No. 24, July 15, 2024
The Department of Social Services is mandated by statute to
					 enforce the standards adopted by the State Board of Social Services pursuant to
					 §§
										63.2-1732,
					 63.2-1733,
					 and
					 63.2-1734
					 of the Code of Virginia, regarding facilities required to be licensed under
					 Chapter 17 (§
										63.2-1700
					 et seq.) of Title 63.2 of the Code of Virginia. As part of this enforcement
					 duty, §§
										63.2-1709D
					 and
					 63.2-1710
					 of the Code of Virginia require 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: §§ 63.2-217. 63.2-1732,
						63.2-1733, and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-410 - 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 Social Services to perform certain administrative functions
					 involved in setting up and carrying out the appeal process. The hearing
					 coordinator's duties include, but are not limited to, 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
§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-430 - 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 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-440 - 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 commissioner, 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
§§ 63.2-217, 63.2-1732, 63.2-1733 and
						63.2-1734 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-450 - 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 residents, participants or
					 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
§§ 63.2-217, 63.2-1732, 63.2-1733 and
						63.2-1734 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-460 - 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
§§ 63.2-217, 63.2-1732, 63.2-1733 and
						63.2-1734 of the Code of Virginia.