Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part I - Introduction › Section 22VAC40-80-10 - 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.
"Adult care facility" means a licensed assisted living
					 facility or adult day care center.
"Adverse action" means any case where the department either
					 gives notice of revocation or refuses to issue a license for an assisted living
					 facility, adult day care center or child welfare agency or imposes another
					 administrative sanction pursuant to §
										63.2-1709
					 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 an assisted living facility, adult day care
					 center, or child welfare agency.
"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 the person, corporation, partnership,
					 association, limited liability company, or public agency that has applied for a
					 license to operate or maintain an assisted living facility, adult day care
					 center, or child welfare agency. For a child welfare agency, the "person who
					 operates or maintains a child welfare agency" 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 operates or maintains a child welfare
					 agency.
"Board" means the State Board of Social Services.
"Child welfare agency" means a child-placing agency,
					 children's residential facility, child-caring institution, or independent
					 foster home.
"Commissioner" means the Commissioner of the Department of
					 Social Services.
"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 Social
					 Services.
"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.
"Functional design" means the design features of building
					 and grounds not regulated by the Building Code, necessary for particular
					 activities and operations of a facility subject to licensure by the Department
					 of Social Services.
"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 or adults. 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 Social Services to perform certain administrative functions
					 involved in setting up and carrying out the hearings concerning adverse action
					 on a license for an assisted living facility, adult day care center or child
					 welfare agency, 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 an assisted living facility, adult day care center or child welfare
					 agency.
"Informal conference" means the informal fact-finding
					 procedures available pursuant to §§
										2.2-4019
					 and
					 2.2-4021
					 of the Code of Virginia.
"Licensee" means the person, corporation, partnership,
					 association, limited liability company, or public agency 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 assisted
					 living facility, adult day care center, or child welfare agency. For a child
					 welfare agency, the "person who operates or maintains a child welfare agency"
					 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 operates or maintains a
					 child welfare agency.
"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 Chapter 17 (§
										63.2-1700
					 et seq.) of Title 63.2 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 63.2 of the Code of
					 Virginia by the commissioner 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.
Statutory Authority: §§ 63.2-217. 63.2-1732,
						63.2-1733, and 63.2-1734 of the Code of
						Virginia.