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 22VAC40-80-370 - 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 §
										63.2-1709.2
				  of the Code of Virginia, the case decision is issued by the commissioner
				  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
File petition for appointment of a
								receiver
X
Require assisted living facility to contract with
								administrator
X
X
X
E.
				  A final order of summary suspension for an assisted living facility or child
				  welfare agency not operated by an agency of the Commonwealth shall include
				  notice that the licensee may appeal the commissioner'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 commissioner 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.