{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-162.15_1.21.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-162.15_1.21.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-162.15_1.21.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-162.15_1.21.html"}],"law_id":83539,"edition_id":1,"section_id":83539,"structure_id":14372,"section_number":"32.1-162.15:1.21","catch_line":"(Effective July 1, 2026) Summary suspension; privately operated Centers","history":"2025, c. 451.","full_text":"A\n\nPursuant to the procedures set forth in this section and in addition to the authority for other disciplinary actions provided in this title, the Commissioner may issue a notice of summary suspension of the license of any Center in conjunction with any proceeding for revocation, denial, or other action when conditions or practices exist in the Center that pose an immediate and substantial threat to the health, safety, and welfare of the children receiving care and the Commissioner believes the operation of the Center should be suspended during the pendency of such proceeding.B\n\nA notice of summary suspension issued by the Commissioner to a Center shall set forth (i) the summary suspension procedures; (ii) hearing and appeal rights as provided in this section; (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 Center or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the Center.C\n\nThe summary suspension hearing shall be presided over by a hearing officer selected by the Commissioner 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 Commissioner written findings and conclusions, together with a recommendation as to whether the license should be summarily suspended.D\n\nWithin 10 business days of the receipt of the hearing officer&#8217;s findings, conclusions, and recommendation, the Commissioner 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 Commissioner shall adopt the hearing officer&#8217;s recommended decision unless to do so would be an error of law or Department policy. If the Commissioner rejects the hearing officer&#8217;s findings, conclusions, or recommendation, the Commissioner shall state with particularity the basis for rejection. In issuing a final order of summary suspension, the Commissioner may choose to suspend the license of the Center or to suspend only certain authority of the Center to operate, including the authority to provide certain services or perform certain functions that the Commissioner 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 Commissioner&#8217;s decision to the appropriate circuit court no later than 10 business days following service of the order. 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 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.E\n\nA copy of any final order of summary suspension shall be prominently displayed by the Center at each public entrance of the facility, or in lieu thereof, the Center 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.F\n\nThe provisions of this subsection shall not apply to any Center operated by an agency of the Commonwealth, which shall instead be governed by the provisions of &#xA7; 32.1-162.15:1.22.","order_by":null,"text":{"0":{"id":299397,"text":"Pursuant to the procedures set forth in this section and in addition to the authority for other disciplinary actions provided in this title, the Commissioner may issue a notice of summary suspension of the license of any Center in conjunction with any proceeding for revocation, denial, or other action when conditions or practices exist in the Center that pose an immediate and substantial threat to the health, safety, and welfare of the children receiving care and the Commissioner believes the operation of the Center should be suspended during the pendency of such proceeding.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":299398,"text":"A notice of summary suspension issued by the Commissioner to a Center shall set forth (i) the summary suspension procedures; (ii) hearing and appeal rights as provided in this section; (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 Center or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the Center.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":299399,"text":"The summary suspension hearing shall be presided over by a hearing officer selected by the Commissioner 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 Commissioner written findings and conclusions, together with a recommendation as to whether the license should be summarily suspended.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":299400,"text":"Within 10 business days of the receipt of the hearing officer&#8217;s findings, conclusions, and recommendation, the Commissioner 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 Commissioner shall adopt the hearing officer&#8217;s recommended decision unless to do so would be an error of law or Department policy. If the Commissioner rejects the hearing officer&#8217;s findings, conclusions, or recommendation, the Commissioner shall state with particularity the basis for rejection. In issuing a final order of summary suspension, the Commissioner may choose to suspend the license of the Center or to suspend only certain authority of the Center to operate, including the authority to provide certain services or perform certain functions that the Commissioner 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 Commissioner&#8217;s decision to the appropriate circuit court no later than 10 business days following service of the order. 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 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":299401,"text":"A copy of any final order of summary suspension shall be prominently displayed by the Center at each public entrance of the facility, or in lieu thereof, the Center 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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":299402,"text":"The provisions of this subsection shall not apply to any Center operated by an agency of the Commonwealth, which shall instead be governed by the provisions of &#xA7; 32.1-162.15:1.22.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14372,"edition_id":1,"name":"Prescribed Pediatric Extended Care Center Licensing","identifier":"7.2","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:47:55","date_modified":"2026-06-26 03:47:55","permalink":{"id":203343,"object_type":"structure","relational_id":14372,"identifier":"7.2","token":"32.1\/5\/7.2","url":"\/32.1\/5\/7.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12728,"edition_id":1,"name":"Regulation of Medical Care Facilities and Services","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202855,"object_type":"structure","relational_id":12728,"identifier":"5","token":"32.1\/5","url":"\/32.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68111,"structure_id":14372,"section_number":"32.1-162.15:1.1","catch_line":"(Effective July 1, 2026) Definitions","url":"\/32.1-162.15_1.1\/","token":"32.1\/5\/7.2\/32.1-162.15_1.1","metadata":false},{"id":77517,"structure_id":14372,"section_number":"32.1-162.15:1.10","catch_line":"(Effective July 1, 2026) Background check upon application for licensure; penalty","url":"\/32.1-162.15_1.10\/","token":"32.1\/5\/7.2\/32.1-162.15_1.10","metadata":false},{"id":56416,"structure_id":14372,"section_number":"32.1-162.15:1.11","catch_line":"(Effective July 1, 2026) Scope and duration of services; individualized plans of care","url":"\/32.1-162.15_1.11\/","token":"32.1\/5\/7.2\/32.1-162.15_1.11","metadata":false},{"id":68629,"structure_id":14372,"section_number":"32.1-162.15:1.12","catch_line":"(Effective July 1, 2026) Operation and management; staffing","url":"\/32.1-162.15_1.12\/","token":"32.1\/5\/7.2\/32.1-162.15_1.12","metadata":false},{"id":67798,"structure_id":14372,"section_number":"32.1-162.15:1.13","catch_line":"(Effective July 1, 2026) Facilities and maintenance; regulations","url":"\/32.1-162.15_1.13\/","token":"32.1\/5\/7.2\/32.1-162.15_1.13","metadata":false},{"id":79117,"structure_id":14372,"section_number":"32.1-162.15:1.14","catch_line":"(Effective July 1, 2026) Confidentiality of complainant's identity","url":"\/32.1-162.15_1.14\/","token":"32.1\/5\/7.2\/32.1-162.15_1.14","metadata":false},{"id":58407,"structure_id":14372,"section_number":"32.1-162.15:1.15","catch_line":"(Effective July 1, 2026) Retaliation or discrimination against complainants","url":"\/32.1-162.15_1.15\/","token":"32.1\/5\/7.2\/32.1-162.15_1.15","metadata":false},{"id":55699,"structure_id":14372,"section_number":"32.1-162.15:1.16","catch_line":"(Effective July 1, 2026) Retaliation against reports of child or adult abuse or neglect","url":"\/32.1-162.15_1.16\/","token":"32.1\/5\/7.2\/32.1-162.15_1.16","metadata":false},{"id":84103,"structure_id":14372,"section_number":"32.1-162.15:1.17","catch_line":"(Effective July 1, 2026) Employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty","url":"\/32.1-162.15_1.17\/","token":"32.1\/5\/7.2\/32.1-162.15_1.17","metadata":false},{"id":75534,"structure_id":14372,"section_number":"32.1-162.15:1.18","catch_line":"(Effective July 1, 2026) Revocation or denial of renewal based on background checks; failure to obtain background check","url":"\/32.1-162.15_1.18\/","token":"32.1\/5\/7.2\/32.1-162.15_1.18","metadata":false},{"id":68258,"structure_id":14372,"section_number":"32.1-162.15:1.19","catch_line":"(Effective July 1, 2026) Offenses; penalty","url":"\/32.1-162.15_1.19\/","token":"32.1\/5\/7.2\/32.1-162.15_1.19","metadata":false},{"id":82873,"structure_id":14372,"section_number":"32.1-162.15:1.2","catch_line":"(Effective July 1, 2026) Licensure","url":"\/32.1-162.15_1.2\/","token":"32.1\/5\/7.2\/32.1-162.15_1.2","metadata":false},{"id":73851,"structure_id":14372,"section_number":"32.1-162.15:1.20","catch_line":"(Effective July 1, 2026) Disciplinary action; civil penalties","url":"\/32.1-162.15_1.20\/","token":"32.1\/5\/7.2\/32.1-162.15_1.20","metadata":false},{"id":83539,"structure_id":14372,"section_number":"32.1-162.15:1.21","catch_line":"(Effective July 1, 2026) Summary suspension; privately operated Centers","url":"\/32.1-162.15_1.21\/","token":"32.1\/5\/7.2\/32.1-162.15_1.21","metadata":false},{"id":66564,"structure_id":14372,"section_number":"32.1-162.15:1.22","catch_line":"(Effective July 1, 2026) Summary suspension; Centers operated by an agency of the Commonwealth","url":"\/32.1-162.15_1.22\/","token":"32.1\/5\/7.2\/32.1-162.15_1.22","metadata":false},{"id":61275,"structure_id":14372,"section_number":"32.1-162.15:1.23","catch_line":"(Effective July 1, 2026) Right to appeal notice of imposition of disciplinary action; Centers operated by agencies of the Commonwealth","url":"\/32.1-162.15_1.23\/","token":"32.1\/5\/7.2\/32.1-162.15_1.23","metadata":false},{"id":65890,"structure_id":14372,"section_number":"32.1-162.15:1.3","catch_line":"(Effective July 1, 2026) Application fees; use of fees","url":"\/32.1-162.15_1.3\/","token":"32.1\/5\/7.2\/32.1-162.15_1.3","metadata":false},{"id":74899,"structure_id":14372,"section_number":"32.1-162.15:1.4","catch_line":"(Effective July 1, 2026) Licenses required; issuance, expiration, and renewal; maximum number of children; posting of licenses","url":"\/32.1-162.15_1.4\/","token":"32.1\/5\/7.2\/32.1-162.15_1.4","metadata":false},{"id":85967,"structure_id":14372,"section_number":"32.1-162.15:1.5","catch_line":"(Effective July 1, 2026) Inspection on receipt of application","url":"\/32.1-162.15_1.5\/","token":"32.1\/5\/7.2\/32.1-162.15_1.5","metadata":false},{"id":68685,"structure_id":14372,"section_number":"32.1-162.15:1.6","catch_line":"(Effective July 1, 2026) Issuance or refusal of license; notification; provisional and conditional licenses","url":"\/32.1-162.15_1.6\/","token":"32.1\/5\/7.2\/32.1-162.15_1.6","metadata":false},{"id":59990,"structure_id":14372,"section_number":"32.1-162.15:1.7","catch_line":"(Effective July 1, 2026) Compliance with Uniform Statewide Building Code","url":"\/32.1-162.15_1.7\/","token":"32.1\/5\/7.2\/32.1-162.15_1.7","metadata":false},{"id":58941,"structure_id":14372,"section_number":"32.1-162.15:1.8","catch_line":"(Effective July 1, 2026) Inspections and interviews","url":"\/32.1-162.15_1.8\/","token":"32.1\/5\/7.2\/32.1-162.15_1.8","metadata":false},{"id":63710,"structure_id":14372,"section_number":"32.1-162.15:1.9","catch_line":"(Effective July 1, 2026) Records and reports","url":"\/32.1-162.15_1.9\/","token":"32.1\/5\/7.2\/32.1-162.15_1.9","metadata":false}],"previous_section":{"id":73851,"structure_id":14372,"section_number":"32.1-162.15:1.20","catch_line":"(Effective July 1, 2026) Disciplinary action; civil penalties","url":"\/32.1-162.15_1.20\/","token":"32.1\/5\/7.2\/32.1-162.15_1.20","metadata":false},"next_section":{"id":66564,"structure_id":14372,"section_number":"32.1-162.15:1.22","catch_line":"(Effective July 1, 2026) Summary suspension; Centers operated by an agency of the Commonwealth","url":"\/32.1-162.15_1.22\/","token":"32.1\/5\/7.2\/32.1-162.15_1.22","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-162.15:1.21\/","history_text":"<p>This law was first created in 2025. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0451\">451<\/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":[{"id":73851,"section_number":"32.1-162.15:1.20","catch_line":"(Effective July 1, 2026) Disciplinary action; civil penalties","order_by":null,"url":"\/32.1-162.15_1.20\/"}],"refers_to":[{"id":66564,"section_number":"32.1-162.15:1.22","catch_line":"(Effective July 1, 2026) Summary suspension; Centers operated by an agency of the Commonwealth","order_by":null,"url":"\/32.1-162.15_1.22\/"}],"permalink":{"id":203397,"object_type":"law","relational_id":83539,"identifier":"32.1-162.15:1.21","token":"32.1\/5\/7.2\/32.1-162.15_1.21","url":"\/32.1-162.15_1.21\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-162.15_1.21\/","token":"32.1\/5\/7.2\/32.1-162.15_1.21","dublin_core":{"Title":"(Effective July 1, 2026) Summary suspension; privately operated Centers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-162.15:1.21","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Pursuant to the procedures set forth in this section and in addition to the authority for other disciplinary actions provided in this title, the <span class=\"dictionary\">Commissioner<\/span> may <span class=\"dictionary\">issue<\/span> a notice of summary suspension of the license of any <span class=\"dictionary\">Center<\/span> in conjunction with any proceeding for <span class=\"dictionary\">revocation<\/span>, denial, or other action when conditions or practices exist in the <span class=\"dictionary\">Center<\/span> that pose an immediate and substantial threat to the health, safety, and welfare of the children receiving care and the <span class=\"dictionary\">Commissioner<\/span> believes the operation of the <span class=\"dictionary\">Center<\/span> should be suspended during the pendency of such proceeding. <a id=\"paragraph-299397\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.21\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> A notice of summary suspension issued by the <span class=\"dictionary\">Commissioner<\/span> to a <span class=\"dictionary\">Center<\/span> shall set forth (i) the summary suspension procedures; (ii) <span class=\"dictionary\">hearing<\/span> and <span class=\"dictionary\">appeal<\/span> rights as provided in this section; (iii) <span class=\"dictionary\">facts<\/span> and <span class=\"dictionary\">evidence<\/span> that formed the basis for the summary suspension; and (iv) the time, date, and location of a <span class=\"dictionary\">hearing<\/span> to determine whether the summary suspension is appropriate. Such notice shall be served on the <span class=\"dictionary\">Center<\/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 <span class=\"dictionary\">Center<\/span>. <a id=\"paragraph-299398\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.21\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The summary suspension <span class=\"dictionary\">hearing<\/span> shall be presided over by a <span class=\"dictionary\">hearing<\/span> officer selected by the <span class=\"dictionary\">Commissioner<\/span> from a list prepared by the Executive Secretary of the Supreme <span class=\"dictionary\">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 <span class=\"dictionary\">hearing<\/span> officer may grant a written request for a <span class=\"dictionary\">continuance<\/span>, not to exceed an additional 10 business days, for good cause shown. Within 10 business days after such <span class=\"dictionary\">hearing<\/span>, the <span class=\"dictionary\">hearing<\/span> officer shall provide to the <span class=\"dictionary\">Commissioner<\/span> written <span class=\"dictionary\">findings<\/span> and conclusions, together with a recommendation as to whether the license should be summarily suspended. <a id=\"paragraph-299399\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.21\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Within 10 business days of the receipt of the <span class=\"dictionary\">hearing<\/span> officer&#8217;s <span class=\"dictionary\">findings<\/span>, conclusions, and recommendation, the <span class=\"dictionary\">Commissioner<\/span> may <span class=\"dictionary\">issue<\/span> a <span class=\"dictionary\">final order<\/span> of summary suspension or an order that such summary suspension is not warranted by the <span class=\"dictionary\">facts<\/span> and circumstances presented. The <span class=\"dictionary\">Commissioner<\/span> shall adopt the <span class=\"dictionary\">hearing<\/span> officer&#8217;s recommended decision unless to do so would be an error of <span class=\"dictionary\">law<\/span> or <span class=\"dictionary\">Department<\/span> policy. If the <span class=\"dictionary\">Commissioner<\/span> rejects the <span class=\"dictionary\">hearing<\/span> officer&#8217;s <span class=\"dictionary\">findings<\/span>, conclusions, or recommendation, the <span class=\"dictionary\">Commissioner<\/span> shall state with particularity the basis for rejection. In issuing a <span class=\"dictionary\">final order<\/span> of summary suspension, the <span class=\"dictionary\">Commissioner<\/span> may choose to suspend the license of the <span class=\"dictionary\">Center<\/span> or to suspend only certain authority of the <span class=\"dictionary\">Center<\/span> to operate, including the authority to provide certain services or perform certain functions that the <span class=\"dictionary\">Commissioner<\/span> determines should be restricted or modified in order to protect the health, safety, or welfare of the children receiving care. A <span class=\"dictionary\">final order<\/span> of summary suspension shall include notice that the licensee may <span class=\"dictionary\">appeal<\/span> the <span class=\"dictionary\">Commissioner<\/span>&#8217;s decision to the appropriate <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> no later than 10 business days following service of the order. The sole <span class=\"dictionary\">issue<\/span> before the <span class=\"dictionary\">court<\/span> shall be whether the <span class=\"dictionary\">Commissioner<\/span> had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent <span class=\"dictionary\">revocation<\/span>, denial, or other proceeding. The concurrent <span class=\"dictionary\">revocation<\/span>, denial, or other proceeding shall not be affected by the outcome of any <span class=\"dictionary\">hearing<\/span> on the appropriateness of the summary suspension. <a id=\"paragraph-299400\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.21\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> A copy of any <span class=\"dictionary\">final order<\/span> of summary suspension shall be prominently displayed by the <span class=\"dictionary\">Center<\/span> at each public entrance of the facility, or in lieu thereof, the <span class=\"dictionary\">Center<\/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 <span class=\"dictionary\">final order<\/span> of summary suspension may be reviewed. <a id=\"paragraph-299401\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.21\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The provisions of this subsection shall not apply to any <span class=\"dictionary\">Center<\/span> operated by an agency of the Commonwealth, which shall instead be governed by the provisions of &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Summary suspension; Centers operated by an agency of the Commonwealth\" href=\"\/32.1-162.15_1.22\/\">32.1-162.15:1.22<\/a>. <a id=\"paragraph-299402\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.21\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) SUMMARY SUSPENSION; PRIVATELY OPERATED CENTERS (\u00a7\n32.1-162.15:1.21)\n\nA. Pursuant to the procedures set forth in this section and in addition to the\nauthority for other disciplinary actions provided in this title, the\nCommissioner may issue a notice of summary suspension of the license of any\nCenter in conjunction with any proceeding for revocation, denial, or other\naction when conditions or practices exist in the Center that pose an immediate\nand substantial threat to the health, safety, and welfare of the children\nreceiving care and the Commissioner believes the operation of the Center should\nbe suspended during the pendency of such proceeding.\n\nB. A notice of summary suspension issued by the Commissioner to a Center shall\nset forth (i) the summary suspension procedures; (ii) hearing and appeal rights\nas provided in this section; (iii) facts and evidence that formed the basis for\nthe summary suspension; and (iv) the time, date, and location of a hearing to\ndetermine whether the summary suspension is appropriate. Such notice shall be\nserved on the Center or its designee as soon as practicable thereafter by\npersonal service or certified mail, return receipt requested, to the address of\nrecord of the Center.\n\nC. The summary suspension hearing shall be presided over by a hearing officer\nselected by the Commissioner from a list prepared by the Executive Secretary of\nthe Supreme Court of Virginia and shall be held as soon as practicable, but in\nno event later than 15 business days following service of the notice of summary\nsuspension; however, the hearing officer may grant a written request for a\ncontinuance, not to exceed an additional 10 business days, for good cause shown.\nWithin 10 business days after such hearing, the hearing officer shall provide to\nthe Commissioner written findings and conclusions, together with a\nrecommendation as to whether the license should be summarily suspended.\n\nD. Within 10 business days of the receipt of the hearing officer&#8217;s\nfindings, conclusions, and recommendation, the Commissioner 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 Commissioner shall adopt\nthe hearing officer&#8217;s recommended decision unless to do so would be an\nerror of law or Department policy. If the Commissioner rejects the hearing\nofficer&#8217;s findings, conclusions, or recommendation, the Commissioner shall\nstate with particularity the basis for rejection. In issuing a final order of\nsummary suspension, the Commissioner may choose to suspend the license of the\nCenter or to suspend only certain authority of the Center to operate, including\nthe authority to provide certain services or perform certain functions that the\nCommissioner determines should be restricted or modified in order to protect the\nhealth, safety, or welfare of the children receiving care. A final order of\nsummary suspension shall include notice that the licensee may appeal the\nCommissioner&#8217;s decision to the appropriate circuit court no later than 10\nbusiness days following service of the order. The sole issue before the court\nshall be whether the Commissioner had reasonable grounds to require the licensee\nto cease operations during the pendency of the concurrent revocation, denial, or\nother proceeding. The concurrent revocation, denial, or other proceeding shall\nnot be affected by the outcome of any hearing on the appropriateness of the\nsummary suspension.\n\nE. A copy of any final order of summary suspension shall be prominently\ndisplayed by the Center at each public entrance of the facility, or in lieu\nthereof, the Center may display a written statement summarizing the terms of the\norder in a prominent location, printed in a clear and legible size and typeface,\nand identifying the location within the facility where the final order of\nsummary suspension may be reviewed.\n\nF. The provisions of this subsection shall not apply to any Center operated by\nan agency of the Commonwealth, which shall instead be governed by the provisions\nof &#xA7; 32.1-162.15:1.22.\n\nHISTORY: 2025, c. 451.","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}}