{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.022.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.022.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.022.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.022.html"}],"law_id":71983,"edition_id":1,"section_id":71983,"structure_id":14356,"section_number":"22.1-289.022","catch_line":"Enforcement and sanctions; child day programs and family day systems; revocation and denial","history":"2020, cc. 860, 861.","full_text":"A\n\nThe Superintendent may revoke or deny the renewal of the license of any child day program or family day system that violates any provision of this chapter or fails to comply with the limitations and standards set forth in its license.B\n\nPursuant to the procedures set forth in subsection C, and in addition to the authority for other disciplinary actions provided in this title, the Superintendent may issue a notice of summary suspension of the license of any child day program or family day system, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the child day program or family day system that pose an immediate and substantial threat to the health, safety, and welfare of the children receiving care, and the Superintendent believes the operation of the child day program or family day system should be suspended during the pendency of such proceeding.C\n\nA notice of summary suspension issued by the Superintendent to a child day program or family day system shall set forth (i) the summary suspension procedures; (ii) hearing and appeal rights as provided in this subsection; (iii) facts and evidence that formed the basis for the summary suspension; and (iv) the time, date, and location of a hearing to determine whether the summary suspension is appropriate. Such notice shall be served on the child day program or family day system or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the child day program or family day system.\n\t\t\tThe summary suspension hearing shall be presided over by a hearing officer selected by the Superintendent from a list prepared by the Executive Secretary of the Supreme Court of Virginia and shall be held as soon as practicable, but in no event later than 15 business days following service of the notice of summary suspension; however, the hearing officer may grant a written request for a continuance, not to exceed an additional 10 business days, for good cause shown. Within 10 business days after such hearing, the hearing officer shall provide to the Superintendent written findings and conclusions, together with a recommendation as to whether the license should be summarily suspended.\n\t\t\tWithin 10 business days of the receipt of the hearing officer’s findings, conclusions, and recommendation, the Superintendent may issue a final order of summary suspension or an order that such summary suspension is not warranted by the facts and circumstances presented. The Superintendent shall adopt the hearing officer’s recommended decision unless to do so would be an error of law or Department policy. In the event that the Superintendent rejects the hearing officer’s findings, conclusions, or recommendation, the Superintendent shall state with particularity the basis for rejection. In issuing a final order of summary suspension, the Superintendent may choose to suspend the license of the child day program or family day system or to suspend only certain authority of the child day program or family day system to operate, including the authority to provide certain services or perform certain functions that the Superintendent determines should be restricted or modified in order to protect the health, safety, or welfare of the children receiving care. A final order of summary suspension shall include notice that the licensee may appeal the Superintendent’s decision to the appropriate circuit court no later than 10 days following service of the order. The sole issue before the court shall be whether the Superintendent 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.\n\t\t\tA copy of any final order of summary suspension shall be prominently displayed by the child day program or family day system at each public entrance of the facility, or in lieu thereof, the child day program or family day system may display a written statement summarizing the terms of the order in a prominent location, printed in a clear and legible size and typeface, and identifying the location within the facility where the final order of summary suspension may be reviewed.\n\t\t\tThe willful and material failure to comply with the final order of summary suspension constitutes a violation of subdivision 3 of § 22.1-289.027.\n\t\t\tThe provisions of this subsection shall not apply to any child day program or family day system operated by an agency of the Commonwealth, which shall instead be governed by the provisions of subsection D.D\n\nWhenever the Superintendent issues a summary order of suspension of the license to operate a child day program or family day system operated by an agency of the Commonwealth:1\n\nBefore such summary order of suspension shall take effect, the Superintendent shall issue to the child day program or family day system a notice of summary order of suspension setting forth (i) the procedures for a hearing and right of review as provided in this section and (ii) facts and evidence that formed the basis on which the summary order of suspension is sought. Such notice shall be served on the licensee or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the licensee. The notice 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 notice of the summary order of suspension and shall be convened by the Superintendent or his designee. After such hearing, the Superintendent may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented.2\n\nA final order of summary suspension shall include notice that the licensee may request, in writing and within three business days after receiving the Superintendent’s decision, that the Superintendent refer the matter to the Secretary of Education for resolution within three business days of the referral. Any determination by the Secretary shall be final and not subject to judicial review. If the final order of summary suspension is upheld, it shall take effect immediately, and a copy of the final order of summary suspension shall be prominently displayed by the licensee at each public entrance of the facility. Any concurrent revocation, denial, or other proceedings shall not be affected by the outcome of any determination by the Secretary.","order_by":null,"text":{"0":{"id":259377,"text":"The Superintendent may revoke or deny the renewal of the license of any child day program or family day system that violates any provision of this chapter or fails to comply with the limitations and standards set forth in its license.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259378,"text":"Pursuant to the procedures set forth in subsection C, and in addition to the authority for other disciplinary actions provided in this title, the Superintendent may issue a notice of summary suspension of the license of any child day program or family day system, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the child day program or family day system that pose an immediate and substantial threat to the health, safety, and welfare of the children receiving care, and the Superintendent believes the operation of the child day program or family day system should be suspended during the pendency of such proceeding.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259379,"text":"A notice of summary suspension issued by the Superintendent to a child day program or family day system shall set forth (i) the summary suspension procedures; (ii) hearing and appeal rights as provided in this subsection; (iii) facts and evidence that formed the basis for the summary suspension; and (iv) the time, date, and location of a hearing to determine whether the summary suspension is appropriate. Such notice shall be served on the child day program or family day system or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the child day program or family day system.\n\t\t\tThe summary suspension hearing shall be presided over by a hearing officer selected by the Superintendent from a list prepared by the Executive Secretary of the Supreme Court of Virginia and shall be held as soon as practicable, but in no event later than 15 business days following service of the notice of summary suspension; however, the hearing officer may grant a written request for a continuance, not to exceed an additional 10 business days, for good cause shown. Within 10 business days after such hearing, the hearing officer shall provide to the Superintendent written findings and conclusions, together with a recommendation as to whether the license should be summarily suspended.\n\t\t\tWithin 10 business days of the receipt of the hearing officer’s findings, conclusions, and recommendation, the Superintendent may issue a final order of summary suspension or an order that such summary suspension is not warranted by the facts and circumstances presented. The Superintendent shall adopt the hearing officer’s recommended decision unless to do so would be an error of law or Department policy. In the event that the Superintendent rejects the hearing officer’s findings, conclusions, or recommendation, the Superintendent shall state with particularity the basis for rejection. In issuing a final order of summary suspension, the Superintendent may choose to suspend the license of the child day program or family day system or to suspend only certain authority of the child day program or family day system to operate, including the authority to provide certain services or perform certain functions that the Superintendent determines should be restricted or modified in order to protect the health, safety, or welfare of the children receiving care. A final order of summary suspension shall include notice that the licensee may appeal the Superintendent’s decision to the appropriate circuit court no later than 10 days following service of the order. The sole issue before the court shall be whether the Superintendent 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.\n\t\t\tA copy of any final order of summary suspension shall be prominently displayed by the child day program or family day system at each public entrance of the facility, or in lieu thereof, the child day program or family day system may display a written statement summarizing the terms of the order in a prominent location, printed in a clear and legible size and typeface, and identifying the location within the facility where the final order of summary suspension may be reviewed.\n\t\t\tThe willful and material failure to comply with the final order of summary suspension constitutes a violation of subdivision 3 of § 22.1-289.027.\n\t\t\tThe provisions of this subsection shall not apply to any child day program or family day system operated by an agency of the Commonwealth, which shall instead be governed by the provisions of subsection D.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":259380,"text":"Whenever the Superintendent issues a summary order of suspension of the license to operate a child day program or family day system operated by an agency of the Commonwealth:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":259381,"text":"Before such summary order of suspension shall take effect, the Superintendent shall issue to the child day program or family day system a notice of summary order of suspension setting forth (i) the procedures for a hearing and right of review as provided in this section and (ii) facts and evidence that formed the basis on which the summary order of suspension is sought. Such notice shall be served on the licensee or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the licensee. The notice 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 notice of the summary order of suspension and shall be convened by the Superintendent or his designee. After such hearing, the Superintendent may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":259382,"text":"A final order of summary suspension shall include notice that the licensee may request, in writing and within three business days after receiving the Superintendent’s decision, that the Superintendent refer the matter to the Secretary of Education for resolution within three business days of the referral. Any determination by the Secretary shall be final and not subject to judicial review. If the final order of summary suspension is upheld, it shall take effect immediately, and a copy of the final order of summary suspension shall be prominently displayed by the licensee at each public entrance of the facility. Any concurrent revocation, denial, or other proceedings shall not be affected by the outcome of any determination by the Secretary.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1"}},"ancestry":[{"id":14356,"edition_id":1,"name":"Licensure","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13624,"metadata":{},"date_created":"2026-06-26 03:47:52","date_modified":"2026-06-26 03:47:52","permalink":{"id":182655,"object_type":"structure","relational_id":14356,"identifier":"3","token":"22.1\/14.1\/3","url":"\/22.1\/14.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13624,"edition_id":1,"name":"Early Childhood Care and Education","identifier":"14.1","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":182605,"object_type":"structure","relational_id":13624,"identifier":"14.1","token":"22.1\/14.1","url":"\/22.1\/14.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84872,"structure_id":14356,"section_number":"22.1-289.010","catch_line":"Application fees; regulations and schedules; use of fees; certain facilities, centers and agencies exempt","url":"\/22.1-289.010\/","token":"22.1\/14.1\/3\/22.1-289.010","metadata":false},{"id":55674,"structure_id":14356,"section_number":"22.1-289.011","catch_line":"Licenses required; issuance, expiration, and renewal; maximum number of participants or children; posting of licenses","url":"\/22.1-289.011\/","token":"22.1\/14.1\/3\/22.1-289.011","metadata":false},{"id":61594,"structure_id":14356,"section_number":"22.1-289.012","catch_line":"Local government to report business licenses issued to child day centers and family day homes","url":"\/22.1-289.012\/","token":"22.1\/14.1\/3\/22.1-289.012","metadata":false},{"id":60729,"structure_id":14356,"section_number":"22.1-289.013","catch_line":"Investigation on receipt of application","url":"\/22.1-289.013\/","token":"22.1\/14.1\/3\/22.1-289.013","metadata":false},{"id":65956,"structure_id":14356,"section_number":"22.1-289.014","catch_line":"Variances","url":"\/22.1-289.014\/","token":"22.1\/14.1\/3\/22.1-289.014","metadata":false},{"id":86017,"structure_id":14356,"section_number":"22.1-289.015","catch_line":"Voluntary registration of family day homes; inspections; investigation upon receipt of complaint; revocation or suspension of registration","url":"\/22.1-289.015\/","token":"22.1\/14.1\/3\/22.1-289.015","metadata":false},{"id":86460,"structure_id":14356,"section_number":"22.1-289.016","catch_line":"Unlicensed and unregistered family day homes; notice to parents","url":"\/22.1-289.016\/","token":"22.1\/14.1\/3\/22.1-289.016","metadata":false},{"id":66421,"structure_id":14356,"section_number":"22.1-289.017","catch_line":"Compliance with Uniform Statewide Building Code","url":"\/22.1-289.017\/","token":"22.1\/14.1\/3\/22.1-289.017","metadata":false},{"id":70777,"structure_id":14356,"section_number":"22.1-289.018","catch_line":"Inspections and interviews","url":"\/22.1-289.018\/","token":"22.1\/14.1\/3\/22.1-289.018","metadata":false},{"id":68229,"structure_id":14356,"section_number":"22.1-289.019","catch_line":"Inspections of child day programs and family day systems; prioritization","url":"\/22.1-289.019\/","token":"22.1\/14.1\/3\/22.1-289.019","metadata":false},{"id":80365,"structure_id":14356,"section_number":"22.1-289.020","catch_line":"Issuance or refusal of license; notification; provisional and conditional licenses","url":"\/22.1-289.020\/","token":"22.1\/14.1\/3\/22.1-289.020","metadata":false},{"id":77887,"structure_id":14356,"section_number":"22.1-289.021","catch_line":"Records and reports","url":"\/22.1-289.021\/","token":"22.1\/14.1\/3\/22.1-289.021","metadata":false},{"id":71983,"structure_id":14356,"section_number":"22.1-289.022","catch_line":"Enforcement and sanctions; child day programs and family day systems; revocation and denial","url":"\/22.1-289.022\/","token":"22.1\/14.1\/3\/22.1-289.022","metadata":false},{"id":69405,"structure_id":14356,"section_number":"22.1-289.023","catch_line":"Enforcement and sanctions; special orders; civil penalties","url":"\/22.1-289.023\/","token":"22.1\/14.1\/3\/22.1-289.023","metadata":false},{"id":84148,"structure_id":14356,"section_number":"22.1-289.024","catch_line":"Appeal from refusal, denial of renewal, or revocation of license","url":"\/22.1-289.024\/","token":"22.1\/14.1\/3\/22.1-289.024","metadata":false},{"id":62171,"structure_id":14356,"section_number":"22.1-289.025","catch_line":"Right to appeal notice of intent; child day programs and family day systems operated by agencies of the Commonwealth","url":"\/22.1-289.025\/","token":"22.1\/14.1\/3\/22.1-289.025","metadata":false},{"id":78106,"structure_id":14356,"section_number":"22.1-289.026","catch_line":"Injunction against operation without license","url":"\/22.1-289.026\/","token":"22.1\/14.1\/3\/22.1-289.026","metadata":false},{"id":84471,"structure_id":14356,"section_number":"22.1-289.027","catch_line":"Offenses; penalty","url":"\/22.1-289.027\/","token":"22.1\/14.1\/3\/22.1-289.027","metadata":false},{"id":80869,"structure_id":14356,"section_number":"22.1-289.028","catch_line":"Misleading advertising prohibited","url":"\/22.1-289.028\/","token":"22.1\/14.1\/3\/22.1-289.028","metadata":false},{"id":79835,"structure_id":14356,"section_number":"22.1-289.029","catch_line":"Duty of attorneys for the Commonwealth","url":"\/22.1-289.029\/","token":"22.1\/14.1\/3\/22.1-289.029","metadata":false}],"previous_section":{"id":77887,"structure_id":14356,"section_number":"22.1-289.021","catch_line":"Records and reports","url":"\/22.1-289.021\/","token":"22.1\/14.1\/3\/22.1-289.021","metadata":false},"next_section":{"id":69405,"structure_id":14356,"section_number":"22.1-289.023","catch_line":"Enforcement and sanctions; special orders; civil penalties","url":"\/22.1-289.023\/","token":"22.1\/14.1\/3\/22.1-289.023","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.022\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 860<\/a> and 861<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":84471,"section_number":"22.1-289.027","catch_line":"Offenses; penalty","order_by":null,"url":"\/22.1-289.027\/"}],"permalink":{"id":182705,"object_type":"law","relational_id":71983,"identifier":"22.1-289.022","token":"22.1\/14.1\/3\/22.1-289.022","url":"\/22.1-289.022\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289.022\/","token":"22.1\/14.1\/3\/22.1-289.022","dublin_core":{"Title":"Enforcement and sanctions; child day programs and family day systems; revocation and denial","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.022","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Superintendent<\/span> may revoke or deny the renewal of the license of any child day program<\/span> or family day system<\/span> that violates any provision of this chapter or fails to comply with the limitations and standards set forth in its license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Pursuant to the procedures set forth in subsection C, and in addition to the authority for other disciplinary actions provided in this title, the Superintendent<\/span> may issue<\/span> a notice of summary suspension of the license of any child day program<\/span> or family day system<\/span>, in conjunction with any proceeding for revocation<\/span>, denial, or other action, when conditions or practices exist in the child day program<\/span> or family day system<\/span> that pose an immediate and substantial threat to the health, safety, and welfare of the children receiving care, and the Superintendent<\/span> believes the operation of the child day program<\/span> or family day system<\/span> should be suspended during the pendency of such proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A notice of summary suspension issued by the Superintendent<\/span> to a child day program<\/span> or family day system<\/span> shall set forth (i) the summary suspension procedures; (ii) hearing<\/span> and appeal<\/span> rights as provided in this subsection; (iii) facts<\/span> and evidence<\/span> that formed the basis for the summary suspension; and (iv) the time, date, and location of a hearing<\/span> to determine whether the summary suspension is appropriate. Such notice shall be served on the child day program<\/span> or family day system<\/span> or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the child day program<\/span> or family day system<\/span>.\n\t\t\tThe summary suspension hearing<\/span> shall be presided over by a hearing<\/span> officer selected by the Superintendent<\/span> from a list prepared by the Executive Secretary of the Supreme Court<\/span> of Virginia and shall be held as soon as practicable, but in no event later than 15 business days following service of the notice of summary suspension; however, the hearing<\/span> officer may grant a written request for a continuance<\/span>, not to exceed an additional 10 business days, for good cause shown. Within 10 business days after such hearing<\/span>, the hearing<\/span> officer shall provide to the Superintendent<\/span> written findings<\/span> and conclusions, together with a recommendation as to whether the license should be summarily suspended.\n\t\t\tWithin 10 business days of the receipt of the hearing<\/span> officer’s findings<\/span>, conclusions, and recommendation, the Superintendent<\/span> may issue<\/span> a final order<\/span> of summary suspension or an order that such summary suspension is not warranted by the facts<\/span> and circumstances presented. The Superintendent<\/span> shall adopt the hearing<\/span> officer’s recommended decision unless to do so would be an error of law<\/span> or Department<\/span> policy. In the event that the Superintendent<\/span> rejects the hearing<\/span> officer’s findings<\/span>, conclusions, or recommendation, the Superintendent<\/span> shall state with particularity the basis for rejection. In issuing a final order<\/span> of summary suspension, the Superintendent<\/span> may choose to suspend the license of the child day program<\/span> or family day system<\/span> or to suspend only certain authority of the child day program<\/span> or family day system<\/span> to operate, including the authority to provide certain services or perform certain functions that the Superintendent<\/span> determines should be restricted or modified in order to protect the health, safety, or welfare of the children receiving care. A final order<\/span> of summary suspension shall include notice that the licensee may appeal<\/span> the Superintendent<\/span>’s decision to the appropriate circuit<\/span> court<\/span> no later than 10 days following service of the order. The sole issue<\/span> before the court<\/span> shall be whether the Superintendent<\/span> had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation<\/span>, denial, or other proceeding. The concurrent revocation<\/span>, denial, or other proceeding shall not be affected by the outcome of any hearing<\/span> on the appropriateness of the summary suspension.\n\t\t\tA copy of any final order<\/span> of summary suspension shall be prominently displayed by the child day program<\/span> or family day system<\/span> at each public entrance of the facility, or in lieu thereof, the child day program<\/span> or family day system<\/span> may display a written statement summarizing the terms of the order in a prominent location, printed in a clear and legible size and typeface, and identifying the location within the facility where the final order<\/span> of summary suspension may be reviewed.\n\t\t\tThe willful and material<\/span> failure to comply with the final order<\/span> of summary suspension constitutes a violation of subdivision 3 of § 22.1-289.027<\/a>.\n\t\t\tThe provisions of this subsection shall not apply to any child day program<\/span> or family day system<\/span> operated by an agency of the Commonwealth, which shall instead be governed by the provisions of subsection D. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Whenever the Superintendent<\/span> issues<\/span> a summary order of suspension of the license to operate a child day program<\/span> or family day system<\/span> operated by an agency of the Commonwealth: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Before such summary order of suspension shall take effect, the Superintendent<\/span> shall issue<\/span> to the child day program<\/span> or family day system<\/span> a notice of summary order of suspension setting forth (i) the procedures for a hearing<\/span> and right of review as provided in this section and (ii) facts<\/span> and evidence<\/span> that formed the basis on which the summary order of suspension is sought. Such notice shall be served on the licensee or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the licensee. The notice shall state the time, date, and location of a hearing<\/span> to determine whether the suspension is appropriate. Such hearing<\/span> shall be held no later than three business days after the issuance of the notice of the summary order of suspension and shall be convened by the Superintendent<\/span> or his designee. After such hearing<\/span>, the Superintendent<\/span> may issue<\/span> a final order<\/span> of summary suspension or may find that such summary suspension is not warranted by the facts<\/span> and circumstances presented. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A final order<\/span> of summary suspension shall include notice that the licensee may request, in writing and within three business days after receiving the Superintendent<\/span>’s decision, that the Superintendent<\/span> refer the matter to the Secretary of Education for resolution within three business days of the referral. Any determination by the Secretary shall be final and not subject to judicial review. If the final order<\/span> of summary suspension is upheld, it shall take effect immediately, and a copy of the final order<\/span> of summary suspension shall be prominently displayed by the licensee at each public entrance of the facility. Any concurrent revocation<\/span>, denial, or other proceedings shall not be affected by the outcome of any determination by the Secretary. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT AND SANCTIONS; CHILD DAY PROGRAMS AND FAMILY DAY SYSTEMS; REVOCATION\nAND DENIAL (\u00a7 22.1-289.022)\n\nA. The Superintendent may revoke or deny the renewal of the license of any child\nday program or family day system that violates any provision of this chapter or\nfails to comply with the limitations and standards set forth in its license.\n\nB. Pursuant to the procedures set forth in subsection C, and in addition to the\nauthority for other disciplinary actions provided in this title, the\nSuperintendent may issue a notice of summary suspension of the license of any\nchild day program or family day system, in conjunction with any proceeding for\nrevocation, denial, or other action, when conditions or practices exist in the\nchild day program or family day system that pose an immediate and substantial\nthreat to the health, safety, and welfare of the children receiving care, and\nthe Superintendent believes the operation of the child day program or family day\nsystem should be suspended during the pendency of such proceeding.\n\nC. A notice of summary suspension issued by the Superintendent to a child day\nprogram or family day system shall set forth (i) the summary suspension\nprocedures; (ii) hearing and appeal rights as provided in this subsection; (iii)\nfacts and evidence that formed the basis for the summary suspension; and (iv)\nthe time, date, and location of a hearing to determine whether the summary\nsuspension is appropriate. Such notice shall be served on the child day program\nor family day system or its designee as soon as practicable thereafter by\npersonal service or certified mail, return receipt requested, to the address of\nrecord of the child day program or family day system.\n\t\t\tThe summary suspension hearing shall be presided over by a hearing officer\nselected by the Superintendent from a list prepared by the Executive Secretary\nof the Supreme Court of Virginia and shall be held as soon as practicable, but\nin no event later than 15 business days following service of the notice of\nsummary suspension; however, the hearing officer may grant a written request for\na continuance, not to exceed an additional 10 business days, for good cause\nshown. Within 10 business days after such hearing, the hearing officer shall\nprovide to the Superintendent written findings and conclusions, together with a\nrecommendation as to whether the license should be summarily suspended.\n\t\t\tWithin 10 business days of the receipt of the hearing officer’s\nfindings, conclusions, and recommendation, the Superintendent may issue a final\norder of summary suspension or an order that such summary suspension is not\nwarranted by the facts and circumstances presented. The Superintendent shall\nadopt the hearing officer’s recommended decision unless to do so would be\nan error of law or Department policy. In the event that the Superintendent\nrejects the hearing officer’s findings, conclusions, or recommendation,\nthe Superintendent shall state with particularity the basis for rejection. In\nissuing a final order of summary suspension, the Superintendent may choose to\nsuspend the license of the child day program or family day system or to suspend\nonly certain authority of the child day program or family day system to operate,\nincluding the authority to provide certain services or perform certain functions\nthat the Superintendent determines should be restricted or modified in order to\nprotect the health, safety, or welfare of the children receiving care. A final\norder of summary suspension shall include notice that the licensee may appeal\nthe Superintendent’s decision to the appropriate circuit court no later\nthan 10 days following service of the order. The sole issue before the court\nshall be whether the Superintendent had reasonable grounds to require the\nlicensee to cease operations during the pendency of the concurrent revocation,\ndenial, or other proceeding. The concurrent revocation, denial, or other\nproceeding shall not be affected by the outcome of any hearing on the\nappropriateness of the summary suspension.\n\t\t\tA copy of any final order of summary suspension shall be prominently\ndisplayed by the child day program or family day system at each public entrance\nof the facility, or in lieu thereof, the child day program or family day system\nmay display a written statement summarizing the terms of the order in a\nprominent location, printed in a clear and legible size and typeface, and\nidentifying the location within the facility where the final order of summary\nsuspension may be reviewed.\n\t\t\tThe willful and material failure to comply with the final order of summary\nsuspension constitutes a violation of subdivision 3 of § 22.1-289.027.\n\t\t\tThe provisions of this subsection shall not apply to any child day program or\nfamily day system operated by an agency of the Commonwealth, which shall instead\nbe governed by the provisions of subsection D.\n\nD. Whenever the Superintendent issues a summary order of suspension of the\nlicense to operate a child day program or family day system operated by an\nagency of the Commonwealth:\n\n 1. Before such summary order of suspension shall take effect, the\n Superintendent shall issue to the child day program or family day system a\n notice of summary order of suspension setting forth (i) the procedures for a\n hearing and right of review as provided in this section and (ii) facts and\n evidence that formed the basis on which the summary order of suspension is\n sought. Such notice shall be served on the licensee or its designee as soon as\n practicable thereafter by personal service or certified mail, return receipt\n requested, to the address of record of the licensee. The notice shall state\n the time, date, and location of a hearing to determine whether the suspension\n is appropriate. Such hearing shall be held no later than three business days\n after the issuance of the notice of the summary order of suspension and shall\n be convened by the Superintendent or his designee. After such hearing, the\n Superintendent may issue a final order of summary suspension or may find that\n such summary suspension is not warranted by the facts and circumstances\n presented.\n\n 2. A final order of summary suspension shall include notice that the licensee\n may request, in writing and within three business days after receiving the\n Superintendent’s decision, that the Superintendent refer the matter to\n the Secretary of Education for resolution within three business days of the\n referral. Any determination by the Secretary shall be final and not subject to\n judicial review. If the final order of summary suspension is upheld, it shall\n take effect immediately, and a copy of the final order of summary suspension\n shall be prominently displayed by the licensee at each public entrance of the\n facility. Any concurrent revocation, denial, or other proceedings shall not be\n affected by the outcome of any determination by the Secretary.\n\nHISTORY: 2020, cc. 860, 861.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}