SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
051534432Be it enacted by the General Assembly of Virginia:
1. That §§ 37.1-185 and 37.1-189.1 of the Code of Virginia are amended and reenacted as follows:
§ 37.1-185. Revocation, suspension or refusal of licenses; resumption of operation; penalty.
(a) A. The
Commissioner is authorized to revoke or suspend any license issued hereunder,
or refuse issuance of a license, on any of the following grounds: (1)(i)
violation of any provision of this chapter or of any applicable and valid rule
or regulation made pursuant to such provisions; (2)(ii)
permitting, aiding, or abetting the commission of an illegal act in services
delivered by such provider; or (3)(iii)
conduct or practices detrimental to the welfare of any individual receiving
services from such provider.
(b)B.
Whenever the Commissioner revokes, suspends or denies a license, the provisions
of the Administrative Process Act (§ 2.2-4000 et seq.) shall apply.
(c)C. If a
license is revoked or refused as herein provided, a new application for license
may be considered by the Commissioner when the conditions upon which such
action was based have been corrected and satisfactory evidence of this fact has
been furnished. In no event, however, may an applicant reapply for a license
after the Commissioner has refused or revoked a license until a period of six
months from the effective date of such action has elapsed unless the
Commissioner in his sole discretion believes that there has been such a change
in the conditions causing refusal of the prior application or revocation of the
license as to justify considering the new application. When an appeal is taken
by the applicant pursuant to § 37.1-186, the six-month period shall be extended
until a final decision has been rendered on appeal. A new license may then be
granted after proper inspection has been made and all provisions of this
chapter and applicable rules and regulations made thereunder have been complied
with and recommendations to such effect have been made to the Commissioner upon
the basis of an inspection by any authorized inspector or agent of the
Department.
(d)D.
Suspension of a license shall in all cases be for an indefinite time and the
suspension may be lifted and rights under the license fully or partially
restored at such time as the Commissioner determines, upon basis of such an
inspection, that the rights of the licensee appear to so require and the
interests of the public will not be jeopardized by resumption of operation.
E. Pursuant to the procedures set forth in subsection F and in addition to the authority provided in subsections A through D, the Commissioner may issue a summary order of suspension of the license of a group home or residential facility for children, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the home or facility that pose an immediate and substantial threat to the health, safety, and welfare of the children who are residents and the Commissioner believes the operation should be suspended during the pendency of such proceeding.
F. The summary order of suspension shall take effect upon its issuance and shall be served on the licensee or its designee as soon as practicable thereafter by personal service and certified mail, return receipt requested, to the address of record of the licensee. The order shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the summary order of suspension and shall be convened by the Commissioner or his designee.
After such hearing, the Commissioner may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented. A final order of summary suspension shall include notice that the licensee may appeal the Commissioner's decision to the appropriate circuit court no later than 10 days following issuance of the order. The sole issue before the court shall be whether the Department had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation, denial, or other proceeding. The concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension.
Failure to comply with the summary order of suspension shall be punishable as a Class 1 misdemeanor. The Commissioner may require the cooperation of any other agency or subdivision of the Commonwealth in the relocation of children who are residents of a home or facility whose license has been summarily suspended pursuant to this section and in any other actions necessary to reduce the risk of further harm to children.
§ 37.1-189.1. Cooperation of Department with other state departments; penalty.
A. The Department of Mental Health,
Mental Retardation and Substance Abuse Services shall assist and cooperate with
other state departments in fulfilling their respective licensing and
certification responsibilities and in reducing and simplifying the regulations
involved in such licensing and certification. The State Board may shall promulgate regulations which will that shall allow the Department of Mental Health, Mental
Retardation and Substance Abuse Services to so assist and cooperate with other
state departments.
B. Pursuant to the procedures set forth in subsection C, the Commissioner may issue a summary order of suspension of the license of a group home or residential facility for children licensed pursuant to the Board's regulations under subsection A, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the home or facility that pose an immediate and substantial threat to the health, safety, and welfare of the children who are residents and the Commissioner believes the operation should be suspended during the pendency of such proceeding.
C. The summary order of suspension shall take effect upon its issuance and shall be served on the licensee or its designee as soon as practicable thereafter by personal service and certified mail, return receipt requested, to the address of record of the licensee. The order shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the summary order of suspension and shall be convened by the Commissioner or his designee.
After such hearing, the Commissioner may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented. A final order of summary suspension shall include notice that the licensee may appeal the Commissioner's decision to the appropriate circuit court no later than 10 days following issuance of the order. The sole issue before the court shall be whether the Department had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation, denial, or other proceeding. The concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension.
Failure to comply with the summary order of suspension shall be punishable as a Class 1 misdemeanor. The Commissioner may require the cooperation of any other agency or subdivision of the Commonwealth in the relocation of children who are residents of a home or facility whose license has been summarily suspended pursuant to this section and in any other actions necessary to reduce the risk of further harm to children.