{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-419.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-419.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-419.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-419.1.html"}],"law_id":87138,"edition_id":1,"section_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","history":"2006, c. 168.","full_text":"A\n\nPursuant to the procedures set forth in subsection B and in addition to the authority for other disciplinary actions provided in this chapter, the Commissioner may issue a summary order of suspension of the license of any group home or residential facility for adults, 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 adults who are residents and the Commissioner believes the operation of the home or facility should be suspended during the pendency of such proceeding.B\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 adults 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 such residents.","order_by":null,"text":{"0":{"id":312032,"text":"Pursuant to the procedures set forth in subsection B and in addition to the authority for other disciplinary actions provided in this chapter, the Commissioner may issue a summary order of suspension of the license of any group home or residential facility for adults, 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 adults who are residents and the Commissioner believes the operation of the home or facility 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":312033,"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 adults 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 such residents.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-419.1\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 168<\/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":false,"permalink":{"id":209961,"object_type":"law","relational_id":87138,"identifier":"37.2-419.1","token":"37.2\/I\/4\/2\/37.2-419.1","url":"\/37.2-419.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-419.1\/","token":"37.2\/I\/4\/2\/37.2-419.1","dublin_core":{"Title":"Summary suspension of adult facility licenses under certain circumstances; due process; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-419.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Pursuant to the procedures set forth in subsection B and in addition to the authority<\/span> for other disciplinary actions provided in this chapter, the Commissioner<\/span> may issue<\/span> a summary order<\/span> of suspension of the license of any group home or residential facility<\/span> for adults, 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 adults who are residents and the Commissioner<\/span> believes the operation of the home or facility<\/span> should be suspended during the pendency of such proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/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 adults 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 such residents. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUMMARY SUSPENSION OF ADULT FACILITY LICENSES UNDER CERTAIN CIRCUMSTANCES; DUE\nPROCESS; PENALTY (\u00a7 37.2-419.1)\n\nA. Pursuant to the procedures set forth in subsection B and in addition to the\nauthority for other disciplinary actions provided in this chapter, the\nCommissioner may issue a summary order of suspension of the license of any group\nhome or residential facility for adults, in conjunction with any proceeding for\nrevocation, denial, or other action, when conditions or practices exist in the\nhome or facility that pose an immediate and substantial threat to the health,\nsafety, and welfare of the adults who are residents and the Commissioner\nbelieves the operation of the home or facility should be suspended during the\npendency of such proceeding.\n\nB. 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 adults who are residents of\na home or facility whose license has been summarily suspended pursuant to this\nsection and in any other actions necessary to reduce the risk of further harm to\nsuch residents.\n\nHISTORY: 2006, c. 168.","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}}