{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.024.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.024.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.024.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.024.html"}],"law_id":84148,"edition_id":1,"section_id":84148,"structure_id":14356,"section_number":"22.1-289.024","catch_line":"Appeal from refusal, denial of renewal, or revocation of license","history":"2020, cc. 860, 861; 2021, Sp. Sess. I, c. 489.","full_text":"A\n\nWhenever the Superintendent refuses to issue a license or to renew a license or revokes a license for a child day program or family day system operated by an agency of the Commonwealth, the provisions of § 22.1-289.025 shall apply. Whenever the Superintendent refuses to issue a license or to renew a license or revokes a license for any child day program or family day system other than a child day program or family day system operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall apply, except that all appeals from notice of the Superintendent’s intent to refuse to issue or renew, or revoke a license shall be received in writing from the child day program or family day system operator within 15 days of the date of receipt of the notice. Judicial review of a final review agency decision shall be in accordance with the provisions of the Administrative Process Act. No stay may be granted upon appeal to the Supreme Court or the Court of Appeals.B\n\nIn every appeal to a court of record, the Superintendent shall be named defendant.C\n\nAn appeal, taken as provided in this section, shall operate to stay any criminal prosecution for operation without a license.D\n\nWhen issuance or renewal of a license for a child day program or family day system has been refused by the Superintendent, the applicant shall not thereafter for a period of six months apply again for such license unless the Superintendent in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application. When an appeal is taken by the applicant pursuant to subsection A, the six-month period shall be extended until a final decision has been rendered on appeal.","order_by":null,"text":{"0":{"id":301585,"text":"Whenever the Superintendent refuses to issue a license or to renew a license or revokes a license for a child day program or family day system operated by an agency of the Commonwealth, the provisions of § 22.1-289.025 shall apply. Whenever the Superintendent refuses to issue a license or to renew a license or revokes a license for any child day program or family day system other than a child day program or family day system operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall apply, except that all appeals from notice of the Superintendent’s intent to refuse to issue or renew, or revoke a license shall be received in writing from the child day program or family day system operator within 15 days of the date of receipt of the notice. Judicial review of a final review agency decision shall be in accordance with the provisions of the Administrative Process Act. No stay may be granted upon appeal to the Supreme Court or the Court of Appeals.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301586,"text":"In every appeal to a court of record, the Superintendent shall be named defendant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":301587,"text":"An appeal, taken as provided in this section, shall operate to stay any criminal prosecution for operation without a license.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":301588,"text":"When issuance or renewal of a license for a child day program or family day system has been refused by the Superintendent, the applicant shall not thereafter for a period of six months apply again for such license unless the Superintendent in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application. When an appeal is taken by the applicant pursuant to subsection A, the six-month period shall be extended until a final decision has been rendered on appeal.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.024\/","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":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":62171,"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","order_by":null,"url":"\/22.1-289.025\/"}],"permalink":{"id":182713,"object_type":"law","relational_id":84148,"identifier":"22.1-289.024","token":"22.1\/14.1\/3\/22.1-289.024","url":"\/22.1-289.024\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289.024\/","token":"22.1\/14.1\/3\/22.1-289.024","dublin_core":{"Title":"Appeal from refusal, denial of renewal, or revocation of license","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.024","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever the Superintendent<\/span> refuses to issue<\/span> a license or to renew a license or revokes a license for a child day program<\/span> or family day system<\/span> operated by an agency of the Commonwealth, the provisions of § 22.1-289.025<\/a> shall apply. Whenever the Superintendent<\/span> refuses to issue<\/span> a license or to renew a license or revokes a license for any child day program<\/span> or family day system<\/span> other than a child day program<\/span> or family day system<\/span> operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) shall apply, except that all appeals<\/span> from notice of the Superintendent<\/span>’s intent<\/span> to refuse to issue<\/span> or renew, or revoke a license shall be received in writing from the child day program<\/span> or family day system<\/span> operator within 15 days of the date of receipt of the notice. Judicial review of a final review agency decision shall be in accordance with the provisions of the Administrative Process Act. No stay<\/span> may be granted upon appeal<\/span> to the Supreme Court<\/span> or the Court<\/span> of Appeals<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In every appeal<\/span> to a court<\/span> of record, the Superintendent<\/span> shall be named defendant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An appeal<\/span>, taken as provided in this section, shall operate to stay<\/span> any criminal prosecution<\/span> for operation without a license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When issuance or renewal of a license for a child day program<\/span> or family day system<\/span> has been refused by the Superintendent<\/span>, the applicant shall not thereafter for a period of six months apply again for such license unless the Superintendent<\/span> in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application. When an appeal<\/span> is taken by the applicant pursuant to subsection A, the six-month period shall be extended until a final decision has been rendered on appeal<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL FROM REFUSAL, DENIAL OF RENEWAL, OR REVOCATION OF LICENSE (\u00a7\n22.1-289.024)\n\nA. Whenever the Superintendent refuses to issue a license or to renew a license\nor revokes a license for a child day program or family day system operated by an\nagency of the Commonwealth, the provisions of § 22.1-289.025 shall apply.\nWhenever the Superintendent refuses to issue a license or to renew a license or\nrevokes a license for any child day program or family day system other than a\nchild day program or family day system operated by an agency of the\nCommonwealth, the provisions of the Administrative Process Act (§ 2.2-4000\net seq.) shall apply, except that all appeals from notice of the\nSuperintendent’s intent to refuse to issue or renew, or revoke a license\nshall be received in writing from the child day program or family day system\noperator within 15 days of the date of receipt of the notice. Judicial review of\na final review agency decision shall be in accordance with the provisions of the\nAdministrative Process Act. No stay may be granted upon appeal to the Supreme\nCourt or the Court of Appeals.\n\nB. In every appeal to a court of record, the Superintendent shall be named\ndefendant.\n\nC. An appeal, taken as provided in this section, shall operate to stay any\ncriminal prosecution for operation without a license.\n\nD. When issuance or renewal of a license for a child day program or family day\nsystem has been refused by the Superintendent, the applicant shall not\nthereafter for a period of six months apply again for such license unless the\nSuperintendent in his sole discretion believes that there has been such a change\nin the conditions on account of which he refused the prior application as to\njustify considering the new application. When an appeal is taken by the\napplicant pursuant to subsection A, the six-month period shall be extended until\na final decision has been rendered on appeal.\n\nHISTORY: 2020, cc. 860, 861; 2021, Sp. Sess. I, c. 489.","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}}