{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-418.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-418.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-418.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-418.html"}],"law_id":72368,"edition_id":1,"section_id":72368,"structure_id":15694,"section_number":"37.2-418","catch_line":"Revocation, suspension, or refusal of licenses; resumption of operation; summary suspension under certain circumstances; penalty","history":"Code 1950, \u00a7\u00a7 37-258.1, 37-258.2; 1960, c. 496; 1968, c. 477, \u00a7\u00a7 37.1-185, 37.1-186; 1976, c. 671; 1980, c. 582; 1984, c. 582; 1986, cc. 104, 615; 2001, cc. 486, 506; 2005, cc. 363, 485, 716; 2006, c. 168; 2014, c. 497.","full_text":"A\n\nThe Commissioner is authorized to revoke or suspend any license issued hereunder or refuse issuance of a license on any of the following grounds: (i) violation of any provision of this article or of any applicable regulation made pursuant to such provisions; (ii) permitting, aiding, or abetting the commission of an illegal act in services delivered by the provider; or (iii) conduct or practices detrimental to the welfare of any individual receiving services from the provider.B\n\nWhenever the Commissioner revokes, suspends, or denies a license, the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall apply. Any person aggrieved by the final decision of the Commissioner to refuse to issue a license or by his revocation or suspension of a license is entitled to judicial review in accordance with the provisions of the Administrative Process Act.C\n\nIf 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 the action was based have been corrected and satisfactory evidence of this fact has been furnished. In no event 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 that 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 this section, 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 article and applicable regulations made thereunder have been complied with and recommendations to that effect have been made to the Commissioner upon the basis of an inspection by any authorized inspector or agent of the Department.D\n\nSuspension 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, based on 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\n\nPursuant 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\n\nThe 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.\n\t\t\tAfter 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 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.\n\t\t\tThe willful and material failure to comply with the summary order of suspension or final order of summary suspension shall be punishable as a Class 2 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.G\n\nThe Commissioner shall inform other public agencies that provide funds to a provider, including the Departments of Social Services and Medical Assistance Services, when a provider’s license is suspended, revoked, or denied in accordance with this section.","order_by":null,"text":{"0":{"id":260685,"text":"The Commissioner is authorized to revoke or suspend any license issued hereunder or refuse issuance of a license on any of the following grounds: (i) violation of any provision of this article or of any applicable regulation made pursuant to such provisions; (ii) permitting, aiding, or abetting the commission of an illegal act in services delivered by the provider; or (iii) conduct or practices detrimental to the welfare of any individual receiving services from the provider.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":260686,"text":"Whenever the Commissioner revokes, suspends, or denies a license, the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall apply. Any person aggrieved by the final decision of the Commissioner to refuse to issue a license or by his revocation or suspension of a license is entitled to judicial review in accordance with the provisions of the Administrative Process Act.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":260687,"text":"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 the action was based have been corrected and satisfactory evidence of this fact has been furnished. In no event 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 that 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 this section, 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 article and applicable regulations made thereunder have been complied with and recommendations to that effect have been made to the Commissioner upon the basis of an inspection by any authorized inspector or agent of the Department.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":260688,"text":"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, based on 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":260689,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":260690,"text":"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.\n\t\t\tAfter 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 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.\n\t\t\tThe willful and material failure to comply with the summary order of suspension or final order of summary suspension shall be punishable as a Class 2 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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":260691,"text":"The Commissioner shall inform other public agencies that provide funds to a provider, including the Departments of Social Services and Medical Assistance Services, when a provider’s license is suspended, revoked, or denied in accordance with this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":15694,"edition_id":1,"name":"Licensing Providers of Behavioral Health and Developmental Services","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13665,"metadata":{},"date_created":"2026-06-26 03:58:00","date_modified":"2026-06-26 03:58:00","permalink":{"id":209875,"object_type":"structure","relational_id":15694,"identifier":"2","token":"37.2\/I\/4\/2","url":"\/37.2\/I\/4\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13665,"edition_id":1,"name":"Protection of Consumers","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12844,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":209859,"object_type":"structure","relational_id":13665,"identifier":"4","token":"37.2\/I\/4","url":"\/37.2\/I\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12844,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209675,"object_type":"structure","relational_id":12844,"identifier":"I","token":"37.2\/I","url":"\/37.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60864,"structure_id":15694,"section_number":"37.2-403","catch_line":"Definitions","url":"\/37.2-403\/","token":"37.2\/I\/4\/2\/37.2-403","metadata":false},{"id":73103,"structure_id":15694,"section_number":"37.2-404","catch_line":"Authority of Commissioner to grant licenses","url":"\/37.2-404\/","token":"37.2\/I\/4\/2\/37.2-404","metadata":false},{"id":87479,"structure_id":15694,"section_number":"37.2-405","catch_line":"License required; exception; license not transferable; operation of existing services; persons not to be admitted, etc., to unlicensed providers","url":"\/37.2-405\/","token":"37.2\/I\/4\/2\/37.2-405","metadata":false},{"id":73737,"structure_id":15694,"section_number":"37.2-405.1","catch_line":"Certain provider information on website","url":"\/37.2-405.1\/","token":"37.2\/I\/4\/2\/37.2-405.1","metadata":false},{"id":68841,"structure_id":15694,"section_number":"37.2-405.2","catch_line":"Certain information required of applicants to operate a licensed service","url":"\/37.2-405.2\/","token":"37.2\/I\/4\/2\/37.2-405.2","metadata":false},{"id":60249,"structure_id":15694,"section_number":"37.2-406","catch_line":"Conditions for initial licensure of certain providers","url":"\/37.2-406\/","token":"37.2\/I\/4\/2\/37.2-406","metadata":false},{"id":72627,"structure_id":15694,"section_number":"37.2-407","catch_line":"Regulations for treatment of pregnant women with substance abuse","url":"\/37.2-407\/","token":"37.2\/I\/4\/2\/37.2-407","metadata":false},{"id":76702,"structure_id":15694,"section_number":"37.2-408","catch_line":"Regulation of services delivered in group homes and residential facilities for children","url":"\/37.2-408\/","token":"37.2\/I\/4\/2\/37.2-408","metadata":false},{"id":70260,"structure_id":15694,"section_number":"37.2-408.1","catch_line":"Background check required; children's residential facilities","url":"\/37.2-408.1\/","token":"37.2\/I\/4\/2\/37.2-408.1","metadata":false},{"id":70637,"structure_id":15694,"section_number":"37.2-409","catch_line":"Intermediate care facilities for individuals with intellectual disability","url":"\/37.2-409\/","token":"37.2\/I\/4\/2\/37.2-409","metadata":false},{"id":82631,"structure_id":15694,"section_number":"37.2-410","catch_line":"Expiration of license; renewal; license fees","url":"\/37.2-410\/","token":"37.2\/I\/4\/2\/37.2-410","metadata":false},{"id":87344,"structure_id":15694,"section_number":"37.2-411","catch_line":"Inspections","url":"\/37.2-411\/","token":"37.2\/I\/4\/2\/37.2-411","metadata":false},{"id":86651,"structure_id":15694,"section_number":"37.2-412","catch_line":"Human rights review","url":"\/37.2-412\/","token":"37.2\/I\/4\/2\/37.2-412","metadata":false},{"id":62542,"structure_id":15694,"section_number":"37.2-413","catch_line":"Necessity for supervision by licensed provider","url":"\/37.2-413\/","token":"37.2\/I\/4\/2\/37.2-413","metadata":false},{"id":63693,"structure_id":15694,"section_number":"37.2-414","catch_line":"Cure by mental or spiritual means without use of drugs or material remedy","url":"\/37.2-414\/","token":"37.2\/I\/4\/2\/37.2-414","metadata":false},{"id":60118,"structure_id":15694,"section_number":"37.2-415","catch_line":"Provisional and conditional licenses","url":"\/37.2-415\/","token":"37.2\/I\/4\/2\/37.2-415","metadata":false},{"id":64373,"structure_id":15694,"section_number":"37.2-416","catch_line":"Background checks required; services for children and developmental services","url":"\/37.2-416\/","token":"37.2\/I\/4\/2\/37.2-416","metadata":false},{"id":67357,"structure_id":15694,"section_number":"37.2-416.1","catch_line":"Background checks required; adult substance abuse and mental health services","url":"\/37.2-416.1\/","token":"37.2\/I\/4\/2\/37.2-416.1","metadata":false},{"id":75400,"structure_id":15694,"section_number":"37.2-417","catch_line":"Proceeding to prevent unlawful operation of service","url":"\/37.2-417\/","token":"37.2\/I\/4\/2\/37.2-417","metadata":false},{"id":72368,"structure_id":15694,"section_number":"37.2-418","catch_line":"Revocation, suspension, or refusal of licenses; resumption of operation; summary suspension under certain circumstances; penalty","url":"\/37.2-418\/","token":"37.2\/I\/4\/2\/37.2-418","metadata":false},{"id":79849,"structure_id":15694,"section_number":"37.2-419","catch_line":"Human rights and licensing enforcement and sanctions; notice","url":"\/37.2-419\/","token":"37.2\/I\/4\/2\/37.2-419","metadata":false},{"id":87138,"structure_id":15694,"section_number":"37.2-419.1","catch_line":"Summary suspension of adult facility licenses under certain circumstances; due process; penalty","url":"\/37.2-419.1\/","token":"37.2\/I\/4\/2\/37.2-419.1","metadata":false},{"id":74139,"structure_id":15694,"section_number":"37.2-420","catch_line":"Offer or payment of remuneration in exchange for referral prohibited","url":"\/37.2-420\/","token":"37.2\/I\/4\/2\/37.2-420","metadata":false},{"id":80959,"structure_id":15694,"section_number":"37.2-421","catch_line":"Advertising by licensed providers","url":"\/37.2-421\/","token":"37.2\/I\/4\/2\/37.2-421","metadata":false},{"id":76342,"structure_id":15694,"section_number":"37.2-421.1","catch_line":"Supportive housing providers","url":"\/37.2-421.1\/","token":"37.2\/I\/4\/2\/37.2-421.1","metadata":false},{"id":87042,"structure_id":15694,"section_number":"37.2-422","catch_line":"Penalty","url":"\/37.2-422\/","token":"37.2\/I\/4\/2\/37.2-422","metadata":false}],"previous_section":{"id":75400,"structure_id":15694,"section_number":"37.2-417","catch_line":"Proceeding to prevent unlawful operation of service","url":"\/37.2-417\/","token":"37.2\/I\/4\/2\/37.2-417","metadata":false},"next_section":{"id":79849,"structure_id":15694,"section_number":"37.2-419","catch_line":"Human rights and licensing enforcement and sanctions; notice","url":"\/37.2-419\/","token":"37.2\/I\/4\/2\/37.2-419","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-418\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 496; in 1968, chapter 477; in 1976, chapter 671; in 1980, chapter 582; in 1984, chapter 582; in 1986, chapters 104 and 615; in 2001, chapters 486<\/a> and 506<\/a>; in 2005, chapters 363<\/a>, 485<\/a>, and 716<\/a>; in 2006, chapter 168<\/a>; in 2014, chapter 497<\/a>.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":209953,"object_type":"law","relational_id":72368,"identifier":"37.2-418","token":"37.2\/I\/4\/2\/37.2-418","url":"\/37.2-418\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-418\/","token":"37.2\/I\/4\/2\/37.2-418","dublin_core":{"Title":"Revocation, suspension, or refusal of licenses; resumption of operation; summary suspension under certain circumstances; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-418","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> is authorized to revoke or suspend any license issued hereunder or refuse issuance of a license on any of the following grounds: (i) violation of any provision of this article or of any applicable regulation made pursuant to such provisions; (ii) permitting, aiding, or abetting the commission of an illegal act in services delivered by the provider<\/span>; or (iii) conduct or practices detrimental to the welfare of any individual receiving services<\/span> from the provider<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Whenever the Commissioner<\/span> revokes, suspends, or denies a license, the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) shall apply. Any person aggrieved by the final decision of the Commissioner<\/span> to refuse to issue<\/span> a license or by his revocation<\/span> or suspension of a license is entitled to judicial review in accordance with the provisions of the Administrative Process Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a license is revoked or refused as herein provided, a new application for license may be considered by the Commissioner<\/span> when the conditions upon which the action was based have been corrected and satisfactory evidence<\/span> of this fact<\/span> has been furnished. In no event may an applicant reapply for a license after the Commissioner<\/span> has refused or revoked a license until a period of six months from the effective date of that action has elapsed, unless the Commissioner<\/span> in his sole discretion believes that there has been such a change in the conditions causing refusal of the prior application or revocation<\/span> of the license as to justify considering the new application. When an appeal<\/span> is taken by the applicant pursuant to this section, the six-month period shall be extended until a final decision has been rendered on appeal<\/span>. A new license may then be granted after proper inspection has been made and all provisions of this article and applicable regulations made thereunder have been complied with and recommendations to that effect have been made to the Commissioner<\/span> upon the basis of an inspection by any authorized inspector or agent of the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 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<\/span> determines, based on 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Pursuant to the procedures set forth in subsection F and in addition to the authority<\/span> provided in subsections A through D, the Commissioner<\/span> may issue<\/span> a summary order<\/span> of suspension of the license of a group home or residential facility<\/span> for children, in conjunction with any proceeding for revocation<\/span>, denial, or other action, when conditions or practices exist in the home or facility<\/span> that pose an immediate and substantial threat to the health, safety, and welfare of the children who are residents and the Commissioner<\/span> believes the operation should be suspended during the pendency of such proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> 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<\/span> 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 summary order of suspension and shall be convened by the Commissioner<\/span> or his designee.\n\t\t\tAfter such hearing<\/span>, the Commissioner<\/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. A final order<\/span> of summary suspension shall include notice that the licensee may appeal<\/span> the Commissioner<\/span>’s decision to the appropriate circuit<\/span> court<\/span> no later than 10 days following issuance of the order. The sole issue<\/span> before the court<\/span> shall be whether the Commissioner<\/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\tThe willful and material<\/span> failure to comply with the summary order of suspension or final order<\/span> of summary suspension shall be punishable as a Class 2 misdemeanor<\/span>. The Commissioner<\/span> 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<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Commissioner<\/span> shall inform other public agencies that provide funds to a provider<\/span>, including the Departments<\/span> of Social Services and Medical Assistance Services, when a provider<\/span>’s license is suspended, revoked, or denied in accordance with this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVOCATION, SUSPENSION, OR REFUSAL OF LICENSES; RESUMPTION OF OPERATION; SUMMARY\nSUSPENSION UNDER CERTAIN CIRCUMSTANCES; PENALTY (\u00a7 37.2-418)\n\nA. The Commissioner is authorized to revoke or suspend any license issued\nhereunder or refuse issuance of a license on any of the following grounds: (i)\nviolation of any provision of this article or of any applicable regulation made\npursuant to such provisions; (ii) permitting, aiding, or abetting the commission\nof an illegal act in services delivered by the provider; or (iii) conduct or\npractices detrimental to the welfare of any individual receiving services from\nthe provider.\n\nB. Whenever the Commissioner revokes, suspends, or denies a license, the\nprovisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall\napply. Any person aggrieved by the final decision of the Commissioner to refuse\nto issue a license or by his revocation or suspension of a license is entitled\nto judicial review in accordance with the provisions of the Administrative\nProcess Act.\n\nC. If a license is revoked or refused as herein provided, a new application for\nlicense may be considered by the Commissioner when the conditions upon which the\naction was based have been corrected and satisfactory evidence of this fact has\nbeen furnished. In no event may an applicant reapply for a license after the\nCommissioner has refused or revoked a license until a period of six months from\nthe effective date of that action has elapsed, unless the Commissioner in his\nsole discretion believes that there has been such a change in the conditions\ncausing refusal of the prior application or revocation of the license as to\njustify considering the new application. When an appeal is taken by the\napplicant pursuant to this section, the six-month period shall be extended until\na final decision has been rendered on appeal. A new license may then be granted\nafter proper inspection has been made and all provisions of this article and\napplicable regulations made thereunder have been complied with and\nrecommendations to that effect have been made to the Commissioner upon the basis\nof an inspection by any authorized inspector or agent of the Department.\n\nD. Suspension of a license shall in all cases be for an indefinite time and the\nsuspension may be lifted and rights under the license fully or partially\nrestored at such time as the Commissioner determines, based on an inspection,\nthat the rights of the licensee appear to so require and the interests of the\npublic will not be jeopardized by resumption of operation.\n\nE. Pursuant to the procedures set forth in subsection F and in addition to the\nauthority provided in subsections A through D, the Commissioner may issue a\nsummary order of suspension of the license of a group home or residential\nfacility for children, in conjunction with any proceeding for revocation,\ndenial, or other action, when conditions or practices exist in the home or\nfacility that pose an immediate and substantial threat to the health, safety,\nand welfare of the children who are residents and the Commissioner believes the\noperation should be suspended during the pendency of such proceeding.\n\nF. The summary order of suspension shall take effect upon its issuance and shall\nbe served on the licensee or its designee as soon as practicable thereafter by\npersonal service and certified mail, return receipt requested, to the address of\nrecord of the licensee. The order shall state the time, date, and location of a\nhearing to determine whether the suspension is appropriate. Such hearing shall\nbe held no later than three business days after the issuance of the summary\norder of suspension and shall be convened by the Commissioner or his designee.\n\t\t\tAfter such hearing, the Commissioner may issue a final order of summary\nsuspension or may find that such summary suspension is not warranted by the\nfacts and circumstances presented. A final order of summary suspension shall\ninclude notice that the licensee may appeal the Commissioner’s decision to\nthe appropriate circuit court no later than 10 days following issuance of the\norder. The sole issue before the court shall be whether the Commissioner had\nreasonable grounds to require the licensee to cease operations during the\npendency of the concurrent revocation, denial, or other proceeding. The\nconcurrent revocation, denial, or other proceeding shall not be affected by the\noutcome of any hearing on the appropriateness of the summary suspension.\n\t\t\tThe willful and material failure to comply with the summary order of\nsuspension or final order of summary suspension shall be punishable as a Class 2\nmisdemeanor. The Commissioner may require the cooperation of any other agency or\nsubdivision of the Commonwealth in the relocation of children who are residents\nof a home or facility whose license has been summarily suspended pursuant to\nthis section and in any other actions necessary to reduce the risk of further\nharm to children.\n\nG. The Commissioner shall inform other public agencies that provide funds to a\nprovider, including the Departments of Social Services and Medical Assistance\nServices, when a provider’s license is suspended, revoked, or denied in\naccordance with this section.\n\nHISTORY: Code 1950, \u00a7\u00a7 37-258.1, 37-258.2; 1960, c. 496; 1968, c. 477, \u00a7\u00a7\n37.1-185, 37.1-186; 1976, c. 671; 1980, c. 582; 1984, c. 582; 1986, cc. 104,\n615; 2001, cc. 486, 506; 2005, cc. 363, 485, 716; 2006, c. 168; 2014, c. 497.","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}}