{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1709.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1709.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1709.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1709.1.html"}],"law_id":79574,"edition_id":1,"section_id":79574,"structure_id":13373,"section_number":"63.2-1709.1","catch_line":"Enforcement and sanctions; child welfare agencies; revocation, denial, and summary suspension","history":"2005, cc. 610, 924; 2019, c. 449.","full_text":"A\n\nThe Commissioner may revoke or deny the renewal of the license of any child welfare agency that violates any provision of this subtitle or fails to comply with the limitations and standards set forth in its license.B\n\nPursuant to the procedures set forth in subsection C and in addition to the authority for other disciplinary actions provided in this title, the Commissioner may issue a notice of summary suspension of the license of any child welfare agency, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the child welfare agency 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 child welfare agency should be suspended during the pendency of such proceeding.C\n\nA notice of summary suspension issued by the Commissioner to a child welfare agency shall set forth (i) the summary suspension procedures; (ii) hearing and appeal rights as provided in this subsection; (iii) facts and evidence that formed the basis for the summary suspension; and (iv) the time, date, and location of a hearing to determine whether the summary suspension is appropriate. Such notice shall be served on the child welfare agency or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the child welfare agency.\n\t\t\tThe 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.\n\t\t\tWithin 10 business days of the receipt of the hearing officer’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’s recommended decision unless to do so would be an error of law or Department policy. In the event that the Commissioner rejects the hearing officer’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 child welfare agency or to suspend only certain authority of the child welfare agency 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’s decision to the appropriate circuit court no later than 10 days following service of the order. The sole issue before the court shall be whether the 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\tA copy of any final order of summary suspension shall be prominently displayed by the child welfare agency at each public entrance of the facility, or in lieu thereof, the child welfare agency may display a written statement summarizing the terms of the order in a prominent location, printed in a clear and legible size and typeface, and identifying the location within the facility where the final order of summary suspension may be reviewed.\n\t\t\tThe willful and material failure to comply with the final order of summary suspension constitutes a violation of subdivision 3 of § 63.2-1712. In the case of a children’s residential facility, 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 children’s residential 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.\n\t\t\tThe provisions of this subsection shall not apply to any child welfare agency operated by an agency of the Commonwealth, which shall instead be governed by the provisions of § 63.2-1710.1.","order_by":null,"text":{"0":{"id":285122,"text":"The Commissioner may revoke or deny the renewal of the license of any child welfare agency that violates any provision of this subtitle or fails to comply with the limitations and standards set forth in its license.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285123,"text":"Pursuant to the procedures set forth in subsection C and in addition to the authority for other disciplinary actions provided in this title, the Commissioner may issue a notice of summary suspension of the license of any child welfare agency, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the child welfare agency 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 child welfare agency should be suspended during the pendency of such proceeding.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":285124,"text":"A notice of summary suspension issued by the Commissioner to a child welfare agency shall set forth (i) the summary suspension procedures; (ii) hearing and appeal rights as provided in this subsection; (iii) facts and evidence that formed the basis for the summary suspension; and (iv) the time, date, and location of a hearing to determine whether the summary suspension is appropriate. Such notice shall be served on the child welfare agency or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the child welfare agency.\n\t\t\tThe 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.\n\t\t\tWithin 10 business days of the receipt of the hearing officer’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’s recommended decision unless to do so would be an error of law or Department policy. In the event that the Commissioner rejects the hearing officer’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 child welfare agency or to suspend only certain authority of the child welfare agency 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’s decision to the appropriate circuit court no later than 10 days following service of the order. The sole issue before the court shall be whether the 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\tA copy of any final order of summary suspension shall be prominently displayed by the child welfare agency at each public entrance of the facility, or in lieu thereof, the child welfare agency may display a written statement summarizing the terms of the order in a prominent location, printed in a clear and legible size and typeface, and identifying the location within the facility where the final order of summary suspension may be reviewed.\n\t\t\tThe willful and material failure to comply with the final order of summary suspension constitutes a violation of subdivision 3 of § 63.2-1712. In the case of a children’s residential facility, 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 children’s residential 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.\n\t\t\tThe provisions of this subsection shall not apply to any child welfare agency operated by an agency of the Commonwealth, which shall instead be governed by the provisions of § 63.2-1710.1.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13373,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13303,"metadata":{},"date_created":"2026-06-26 03:44:44","date_modified":"2026-06-26 03:44:44","permalink":{"id":272147,"object_type":"structure","relational_id":13373,"identifier":"1","token":"63.2\/IV\/17\/1","url":"\/63.2\/IV\/17\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13303,"edition_id":1,"name":"Licensure and Registration Procedures","identifier":"17","label":"chapter","depth":3,"order_by":1,"parent_id":13166,"metadata":{},"date_created":"2026-06-26 03:44:36","date_modified":"2026-06-26 03:44:36","permalink":{"id":272145,"object_type":"structure","relational_id":13303,"identifier":"17","token":"63.2\/IV\/17","url":"\/63.2\/IV\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13166,"edition_id":1,"name":"Licensure","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":272143,"object_type":"structure","relational_id":13166,"identifier":"IV","token":"63.2\/IV","url":"\/63.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78121,"structure_id":13373,"section_number":"63.2-1700","catch_line":"Application fees; regulations and schedules; use of fees; certain facilities, centers, and agencies exempt","url":"\/63.2-1700\/","token":"63.2\/IV\/17\/1\/63.2-1700","metadata":false},{"id":65549,"structure_id":13373,"section_number":"63.2-1701","catch_line":"Licenses required; issuance, expiration, and renewal; maximum number of residents, participants or children; posting of licenses","url":"\/63.2-1701\/","token":"63.2\/IV\/17\/1\/63.2-1701","metadata":false},{"id":54694,"structure_id":13373,"section_number":"63.2-1701.01","catch_line":"Expired","url":"\/63.2-1701.01\/","token":"63.2\/IV\/17\/1\/63.2-1701.01","metadata":false},{"id":65819,"structure_id":13373,"section_number":"63.2-1701.1","catch_line":"Repealed","url":"\/63.2-1701.1\/","token":"63.2\/IV\/17\/1\/63.2-1701.1","metadata":false},{"id":57567,"structure_id":13373,"section_number":"63.2-1702","catch_line":"Investigation on receipt of application","url":"\/63.2-1702\/","token":"63.2\/IV\/17\/1\/63.2-1702","metadata":false},{"id":70001,"structure_id":13373,"section_number":"63.2-1703","catch_line":"Variances","url":"\/63.2-1703\/","token":"63.2\/IV\/17\/1\/63.2-1703","metadata":false},{"id":63292,"structure_id":13373,"section_number":"63.2-1704","catch_line":"Repealed","url":"\/63.2-1704\/","token":"63.2\/IV\/17\/1\/63.2-1704","metadata":false},{"id":70930,"structure_id":13373,"section_number":"63.2-1705","catch_line":"Compliance with Uniform Statewide Building Code","url":"\/63.2-1705\/","token":"63.2\/IV\/17\/1\/63.2-1705","metadata":false},{"id":68292,"structure_id":13373,"section_number":"63.2-1705.1","catch_line":"Expired","url":"\/63.2-1705.1\/","token":"63.2\/IV\/17\/1\/63.2-1705.1","metadata":false},{"id":83743,"structure_id":13373,"section_number":"63.2-1706","catch_line":"Inspections and interviews","url":"\/63.2-1706\/","token":"63.2\/IV\/17\/1\/63.2-1706","metadata":false},{"id":56996,"structure_id":13373,"section_number":"63.2-1706.1","catch_line":"Inspections of child welfare agencies; prioritization","url":"\/63.2-1706.1\/","token":"63.2\/IV\/17\/1\/63.2-1706.1","metadata":false},{"id":85756,"structure_id":13373,"section_number":"63.2-1707","catch_line":"Issuance or refusal of license; notification; provisional and conditional licenses","url":"\/63.2-1707\/","token":"63.2\/IV\/17\/1\/63.2-1707","metadata":false},{"id":54424,"structure_id":13373,"section_number":"63.2-1708","catch_line":"Records and reports","url":"\/63.2-1708\/","token":"63.2\/IV\/17\/1\/63.2-1708","metadata":false},{"id":54845,"structure_id":13373,"section_number":"63.2-1709","catch_line":"Enforcement and sanctions; assisted living facilities and adult day centers; interim administration; receivership, revocation, denial, summary suspension","url":"\/63.2-1709\/","token":"63.2\/IV\/17\/1\/63.2-1709","metadata":false},{"id":79574,"structure_id":13373,"section_number":"63.2-1709.1","catch_line":"Enforcement and sanctions; child welfare agencies; revocation, denial, and summary suspension","url":"\/63.2-1709.1\/","token":"63.2\/IV\/17\/1\/63.2-1709.1","metadata":false},{"id":66185,"structure_id":13373,"section_number":"63.2-1709.2","catch_line":"Enforcement and sanctions; special orders; civil penalties","url":"\/63.2-1709.2\/","token":"63.2\/IV\/17\/1\/63.2-1709.2","metadata":false},{"id":68642,"structure_id":13373,"section_number":"63.2-1709.3","catch_line":"Child-placing agencies; conscience clause","url":"\/63.2-1709.3\/","token":"63.2\/IV\/17\/1\/63.2-1709.3","metadata":false},{"id":68790,"structure_id":13373,"section_number":"63.2-1710","catch_line":"Appeal from refusal, denial of renewal, or revocation of license","url":"\/63.2-1710\/","token":"63.2\/IV\/17\/1\/63.2-1710","metadata":false},{"id":54346,"structure_id":13373,"section_number":"63.2-1710.1","catch_line":"Summary order of suspension; assisted living facilities and child welfare agencies operated by an agency of the Commonwealth","url":"\/63.2-1710.1\/","token":"63.2\/IV\/17\/1\/63.2-1710.1","metadata":false},{"id":62722,"structure_id":13373,"section_number":"63.2-1710.2","catch_line":"Right to appeal notice of intent; assisted living facilities, adult day centers, and child welfare agencies operated by agencies of the Commonwealth","url":"\/63.2-1710.2\/","token":"63.2\/IV\/17\/1\/63.2-1710.2","metadata":false},{"id":55808,"structure_id":13373,"section_number":"63.2-1711","catch_line":"Injunction against operation without license","url":"\/63.2-1711\/","token":"63.2\/IV\/17\/1\/63.2-1711","metadata":false},{"id":83883,"structure_id":13373,"section_number":"63.2-1712","catch_line":"Offenses; penalty","url":"\/63.2-1712\/","token":"63.2\/IV\/17\/1\/63.2-1712","metadata":false},{"id":84598,"structure_id":13373,"section_number":"63.2-1713","catch_line":"Misleading advertising prohibited","url":"\/63.2-1713\/","token":"63.2\/IV\/17\/1\/63.2-1713","metadata":false},{"id":63731,"structure_id":13373,"section_number":"63.2-1714","catch_line":"Duty of attorneys for the Commonwealth","url":"\/63.2-1714\/","token":"63.2\/IV\/17\/1\/63.2-1714","metadata":false}],"previous_section":{"id":54845,"structure_id":13373,"section_number":"63.2-1709","catch_line":"Enforcement and sanctions; assisted living facilities and adult day centers; interim administration; receivership, revocation, denial, summary suspension","url":"\/63.2-1709\/","token":"63.2\/IV\/17\/1\/63.2-1709","metadata":false},"next_section":{"id":66185,"structure_id":13373,"section_number":"63.2-1709.2","catch_line":"Enforcement and sanctions; special orders; civil penalties","url":"\/63.2-1709.2\/","token":"63.2\/IV\/17\/1\/63.2-1709.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1709.1\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapters 610<\/a> and 924<\/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. It has been modified 1 time. 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. That modification is as follows: in 2019, chapter 449<\/a>.<\/p>","references":false,"refers_to":[{"id":54346,"section_number":"63.2-1710.1","catch_line":"Summary order of suspension; assisted living facilities and child welfare agencies operated by an agency of the Commonwealth","order_by":null,"url":"\/63.2-1710.1\/"},{"id":83883,"section_number":"63.2-1712","catch_line":"Offenses; penalty","order_by":null,"url":"\/63.2-1712\/"}],"permalink":{"id":272205,"object_type":"law","relational_id":79574,"identifier":"63.2-1709.1","token":"63.2\/IV\/17\/1\/63.2-1709.1","url":"\/63.2-1709.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1709.1\/","token":"63.2\/IV\/17\/1\/63.2-1709.1","dublin_core":{"Title":"Enforcement and sanctions; child welfare agencies; revocation, denial, and summary suspension","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1709.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> may revoke or deny the renewal of the license of any child<\/span> welfare agency that violates any provision of this subtitle or fails to comply with the limitations and standards set forth in its license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

C.<\/span> A notice of summary suspension issued by the Commissioner<\/span> to a child<\/span> welfare agency shall set forth (i) the summary suspension procedures; (ii) hearing<\/span> and appeal<\/span> rights as provided in this subsection; (iii) facts<\/span> and evidence<\/span> that formed the basis for the summary suspension; and (iv) the time, date, and location of a hearing<\/span> to determine whether the summary suspension is appropriate. Such notice shall be served on the child<\/span> welfare agency or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the child<\/span> welfare agency.\n\t\t\tThe summary suspension hearing<\/span> shall be presided over by a hearing<\/span> officer selected by the Commissioner<\/span> from a list prepared by the Executive Secretary of the Supreme Court<\/span> of Virginia and shall be held as soon as practicable, but in no event later than 15 business days following service of the notice of summary suspension; however, the hearing<\/span> officer may grant a written request for a continuance<\/span>, not to exceed an additional 10 business days, for good cause shown. Within 10 business days after such hearing<\/span>, the hearing<\/span> officer shall provide to the Commissioner<\/span> written findings<\/span> and conclusions, together with a recommendation as to whether the license should be summarily suspended.\n\t\t\tWithin 10 business days of the receipt of the hearing<\/span> officer’s findings<\/span>, conclusions, and recommendation, the Commissioner<\/span> may issue<\/span> a final order<\/span> of summary suspension or an order that such summary suspension is not warranted by the facts<\/span> and circumstances presented. The Commissioner<\/span> shall adopt the hearing<\/span> officer’s recommended decision unless to do so would be an error of law<\/span> or Department<\/span> policy. In the event that the Commissioner<\/span> rejects the hearing<\/span> officer’s findings<\/span>, conclusions, or recommendation, the Commissioner<\/span> shall state with particularity the basis for rejection. In issuing a final order<\/span> of summary suspension, the Commissioner<\/span> may choose to suspend the license of the child<\/span> welfare agency or to suspend only certain authority of the child<\/span> welfare agency to operate, including the authority to provide certain services or perform certain functions that the Commissioner<\/span> determines should be restricted or modified in order to protect the health, safety, or welfare of the children receiving care. A final order<\/span> of summary suspension shall include notice that the licensee may appeal<\/span> the Commissioner<\/span>’s decision to the appropriate circuit<\/span> court<\/span> no later than 10 days following service of the order. The sole issue<\/span> before the court<\/span> shall be whether the 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\tA copy of any final order<\/span> of summary suspension shall be prominently displayed by the child<\/span> welfare agency at each public entrance of the facility, or in lieu thereof, the child<\/span> welfare agency may display a written statement summarizing the terms of the order in a prominent location, printed in a clear and legible size and typeface, and identifying the location within the facility where the final order<\/span> of summary suspension may be reviewed.\n\t\t\tThe willful and material<\/span> failure to comply with the final order<\/span> of summary suspension constitutes a violation of subdivision 3 of § 63.2-1712<\/a>. In the case of a children’s residential facility, 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 children’s residential 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.\n\t\t\tThe provisions of this subsection shall not apply to any child<\/span> welfare agency operated by an agency of the Commonwealth, which shall instead be governed by the provisions of § 63.2-1710.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT AND SANCTIONS; CHILD WELFARE AGENCIES; REVOCATION, DENIAL, AND\nSUMMARY SUSPENSION (\u00a7 63.2-1709.1)\n\nA. The Commissioner may revoke or deny the renewal of the license of any child\nwelfare agency that violates any provision of this subtitle or fails to comply\nwith the limitations and standards set forth in its license.\n\nB. Pursuant to the procedures set forth in subsection C and in addition to the\nauthority for other disciplinary actions provided in this title, the\nCommissioner may issue a notice of summary suspension of the license of any\nchild welfare agency, in conjunction with any proceeding for revocation, denial,\nor other action, when conditions or practices exist in the child welfare agency\nthat pose an immediate and substantial threat to the health, safety, and welfare\nof the children receiving care and the Commissioner believes the operation of\nthe child welfare agency should be suspended during the pendency of such\nproceeding.\n\nC. A notice of summary suspension issued by the Commissioner to a child welfare\nagency shall set forth (i) the summary suspension procedures; (ii) hearing and\nappeal rights as provided in this subsection; (iii) facts and evidence that\nformed the basis for the summary suspension; and (iv) the time, date, and\nlocation of a hearing to determine whether the summary suspension is\nappropriate. Such notice shall be served on the child welfare agency or its\ndesignee as soon as practicable thereafter by personal service or certified\nmail, return receipt requested, to the address of record of the child welfare\nagency.\n\t\t\tThe 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\t\t\tWithin 10 business days of the receipt of the hearing officer’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’s recommended decision unless to do so would be an\nerror of law or Department policy. In the event that the Commissioner rejects\nthe hearing officer’s findings, conclusions, or recommendation, the\nCommissioner shall state with particularity the basis for rejection. In issuing\na final order of summary suspension, the Commissioner may choose to suspend the\nlicense of the child welfare agency or to suspend only certain authority of the\nchild welfare agency to operate, including the authority to provide certain\nservices or perform certain functions that the Commissioner determines should be\nrestricted or modified in order to protect the health, safety, or welfare of the\nchildren receiving care. A final order of summary suspension shall include\nnotice that the licensee may appeal the Commissioner’s decision to the\nappropriate circuit court no later than 10 days following service of the order.\nThe sole issue before the court shall be whether the Commissioner had reasonable\ngrounds to require the licensee to cease operations during the pendency of the\nconcurrent revocation, denial, or other proceeding. The concurrent revocation,\ndenial, or other proceeding shall not be affected by the outcome of any hearing\non the appropriateness of the summary suspension.\n\t\t\tA copy of any final order of summary suspension shall be prominently\ndisplayed by the child welfare agency at each public entrance of the facility,\nor in lieu thereof, the child welfare agency may display a written statement\nsummarizing the terms of the order in a prominent location, printed in a clear\nand legible size and typeface, and identifying the location within the facility\nwhere the final order of summary suspension may be reviewed.\n\t\t\tThe willful and material failure to comply with the final order of summary\nsuspension constitutes a violation of subdivision 3 of § 63.2-1712. In the\ncase of a children’s residential facility, the Commissioner may require\nthe cooperation of any other agency or subdivision of the Commonwealth in the\nrelocation of children who are residents of a children’s residential\nfacility whose license has been summarily suspended pursuant to this section and\nin any other actions necessary to reduce the risk of further harm to such\nresidents.\n\t\t\tThe provisions of this subsection shall not apply to any child welfare agency\noperated by an agency of the Commonwealth, which shall instead be governed by\nthe provisions of § 63.2-1710.1.\n\nHISTORY: 2005, cc. 610, 924; 2019, c. 449.","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}}