{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1709.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1709.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1709.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1709.2.html"}],"law_id":66185,"edition_id":1,"section_id":66185,"structure_id":13373,"section_number":"63.2-1709.2","catch_line":"Enforcement and sanctions; special orders; civil penalties","history":"2005, cc. 610, 924; 2017, cc. 138, 283; 2018, c. 274; 2024, cc. 37, 150.","full_text":"A\n\nNotwithstanding any other provision of law, following a proceeding as provided in § 2.2-4019, the Commissioner may issue a special order (i) for violation of any of the provisions of this subtitle, § 54.1-3408, or any regulation adopted under any provision of this subtitle which violation adversely affects, or is an imminent and substantial threat to, the health, safety, or welfare of the person cared for therein, or (ii) for permitting, aiding, or abetting the commission of any illegal act in an assisted living facility, adult day center, or child welfare agency. Notice of the Commissioner’s intent to take any of the actions enumerated in subdivisions B 1 through B 7 shall be provided by the Department and a copy of such notice shall be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations. The issuance of a special order shall be considered a case decision as defined in § 2.2-4001. Actions set forth in subsection B may be appealed by (a) an assisted living facility, adult day center, or child welfare agency operated by an agency of the Commonwealth in accordance with § 63.2-1710.2 or (b) any other assisted living facility, adult day center, or child welfare agency in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). The Commissioner shall not delegate his authority to impose civil penalties in conjunction with the issuance of special orders.B\n\nThe Commissioner may take the following actions regarding assisted living facilities, adult day centers, and child welfare agencies through the issuance of a special order and may require a copy of the special order provided by the Department to be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations:1\n\nPlace a licensee on probation upon finding that the licensee is substantially out of compliance with the terms of its license and that the health and safety of residents, participants, or children are at risk;2\n\nReduce licensed capacity or prohibit new admissions when the Commissioner concludes that the licensee cannot make necessary corrections to achieve compliance with regulations except by a temporary restriction of its scope of service;3\n\nMandate training for the licensee or licensee’s employees, with any costs to be borne by the licensee, when the Commissioner concludes that the lack of such training has led directly to violations of regulations;4\n\nAssess civil penalties for each day the assisted living facility is or was out of compliance with the terms of its license and the health, safety, and welfare of residents are at risk, which shall be paid into the state treasury and credited to the Assisted Living Facility Education, Training, and Technical Assistance Fund created pursuant to § 63.2-1803.1; however, no civil penalty shall be imposed pursuant to this subdivision on any assisted living facility operated by an agency of the Commonwealth. The aggregate amount of such civil penalties shall not exceed $10,000 for assisted living facilities in any 12-month period. Criteria for imposition of civil penalties and amounts, expressed in ranges, shall be developed by the Board, and shall be based upon the severity, pervasiveness, duration, and degree of risk to the health, safety, or welfare of residents. Such civil penalties shall be applied by the Commissioner in a consistent manner. Such criteria shall also provide that (i) the Commissioner may accept a plan of correction, including a schedule of compliance, from an assisted living facility prior to setting a civil penalty, and (ii) the Commissioner may reduce or abate the penalty amount if the facility complies with the plan of correction within its terms.\n\t\t\t\tA single act, omission, or incident shall not give rise to imposition of multiple civil penalties even though such act, omission, or incident may violate more than one statute or regulation. A civil penalty that is not appealed becomes due on the first day after the appeal period expires. The license of an assisted living facility that has failed to pay a civil penalty due under this section shall not be renewed until the civil penalty has been paid in full, with interest, provided that the Commissioner may renew a license when an unpaid civil penalty is the subject of a pending appeal;5\n\nAssess civil penalties of not more than $500 per inspection upon finding that the adult day center or child welfare agency is substantially out of compliance with the terms of its license and the health and safety of residents, participants, or children are at risk; however, no civil penalty shall be imposed pursuant to this subdivision on any adult day center or child welfare agency operated by an agency of the Commonwealth;6\n\nRequire licensees to contact parents, guardians, or other responsible persons in writing regarding health and safety violations; and7\n\nPrevent licensees who are substantially out of compliance with the licensure terms or in violation of the regulations from receiving public funds.C\n\nThe Board shall adopt regulations to implement the provisions of this section.","order_by":null,"text":{"0":{"id":240419,"text":"Notwithstanding any other provision of law, following a proceeding as provided in § 2.2-4019, the Commissioner may issue a special order (i) for violation of any of the provisions of this subtitle, § 54.1-3408, or any regulation adopted under any provision of this subtitle which violation adversely affects, or is an imminent and substantial threat to, the health, safety, or welfare of the person cared for therein, or (ii) for permitting, aiding, or abetting the commission of any illegal act in an assisted living facility, adult day center, or child welfare agency. Notice of the Commissioner’s intent to take any of the actions enumerated in subdivisions B 1 through B 7 shall be provided by the Department and a copy of such notice shall be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations. The issuance of a special order shall be considered a case decision as defined in § 2.2-4001. Actions set forth in subsection B may be appealed by (a) an assisted living facility, adult day center, or child welfare agency operated by an agency of the Commonwealth in accordance with § 63.2-1710.2 or (b) any other assisted living facility, adult day center, or child welfare agency in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). The Commissioner shall not delegate his authority to impose civil penalties in conjunction with the issuance of special orders.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240420,"text":"The Commissioner may take the following actions regarding assisted living facilities, adult day centers, and child welfare agencies through the issuance of a special order and may require a copy of the special order provided by the Department to be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":240421,"text":"Place a licensee on probation upon finding that the licensee is substantially out of compliance with the terms of its license and that the health and safety of residents, participants, or children are at risk;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":240422,"text":"Reduce licensed capacity or prohibit new admissions when the Commissioner concludes that the licensee cannot make necessary corrections to achieve compliance with regulations except by a temporary restriction of its scope of service;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":240423,"text":"Mandate training for the licensee or licensee’s employees, with any costs to be borne by the licensee, when the Commissioner concludes that the lack of such training has led directly to violations of regulations;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":240424,"text":"Assess civil penalties for each day the assisted living facility is or was out of compliance with the terms of its license and the health, safety, and welfare of residents are at risk, which shall be paid into the state treasury and credited to the Assisted Living Facility Education, Training, and Technical Assistance Fund created pursuant to § 63.2-1803.1; however, no civil penalty shall be imposed pursuant to this subdivision on any assisted living facility operated by an agency of the Commonwealth. The aggregate amount of such civil penalties shall not exceed $10,000 for assisted living facilities in any 12-month period. Criteria for imposition of civil penalties and amounts, expressed in ranges, shall be developed by the Board, and shall be based upon the severity, pervasiveness, duration, and degree of risk to the health, safety, or welfare of residents. Such civil penalties shall be applied by the Commissioner in a consistent manner. Such criteria shall also provide that (i) the Commissioner may accept a plan of correction, including a schedule of compliance, from an assisted living facility prior to setting a civil penalty, and (ii) the Commissioner may reduce or abate the penalty amount if the facility complies with the plan of correction within its terms.\n\t\t\t\tA single act, omission, or incident shall not give rise to imposition of multiple civil penalties even though such act, omission, or incident may violate more than one statute or regulation. A civil penalty that is not appealed becomes due on the first day after the appeal period expires. The license of an assisted living facility that has failed to pay a civil penalty due under this section shall not be renewed until the civil penalty has been paid in full, with interest, provided that the Commissioner may renew a license when an unpaid civil penalty is the subject of a pending appeal;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":240425,"text":"Assess civil penalties of not more than $500 per inspection upon finding that the adult day center or child welfare agency is substantially out of compliance with the terms of its license and the health and safety of residents, participants, or children are at risk; however, no civil penalty shall be imposed pursuant to this subdivision on any adult day center or child welfare agency operated by an agency of the Commonwealth;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":240426,"text":"Require licensees to contact parents, guardians, or other responsible persons in writing regarding health and safety violations; and","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":240427,"text":"Prevent licensees who are substantially out of compliance with the licensure terms or in violation of the regulations from receiving public funds.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"9":{"id":240428,"text":"The Board shall adopt regulations to implement the provisions of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1709.2\/","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 3 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 2017, chapters 138<\/a> and 283<\/a>; in 2018, chapter 274<\/a>; in 2024, chapters 37<\/a> and 150<\/a>.<\/p>","references":[{"id":84451,"section_number":"63.2-1803.1","catch_line":"Assisted Living Facility Education, Training, and Technical Assistance Fund established","order_by":null,"url":"\/63.2-1803.1\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":83688,"section_number":"2.2-4001","catch_line":"Definitions","order_by":null,"url":"\/2.2-4001\/"},{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":77665,"section_number":"54.1-3408","catch_line":"Professional use by practitioners","order_by":null,"url":"\/54.1-3408\/"},{"id":62722,"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","order_by":null,"url":"\/63.2-1710.2\/"},{"id":84451,"section_number":"63.2-1803.1","catch_line":"Assisted Living Facility Education, Training, and Technical Assistance Fund established","order_by":null,"url":"\/63.2-1803.1\/"}],"permalink":{"id":272209,"object_type":"law","relational_id":66185,"identifier":"63.2-1709.2","token":"63.2\/IV\/17\/1\/63.2-1709.2","url":"\/63.2-1709.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1709.2\/","token":"63.2\/IV\/17\/1\/63.2-1709.2","dublin_core":{"Title":"Enforcement and sanctions; special orders; civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1709.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of law<\/span>, following a proceeding as provided in § 2.2-4019<\/a>, the Commissioner<\/span> may issue<\/span> a special order<\/span> (i) for violation of any of the provisions of this subtitle, § 54.1-3408<\/a>, or any regulation adopted under any provision of this subtitle which violation adversely affects, or is an imminent and substantial threat to, the health, safety, or welfare of the person cared for therein, or (ii) for permitting, aiding, or abetting the commission of any illegal act in an assisted living facility<\/span>, adult day center<\/span>, or child<\/span> welfare agency. Notice of the Commissioner<\/span>’s intent<\/span> to take any of the actions enumerated in subdivisions B 1 through B 7 shall be provided by the Department<\/span> and a copy of such notice shall be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations. The issuance of a special order<\/span> shall be considered a case decision as defined in § 2.2-4001<\/a>. Actions set forth in subsection B may be appealed by (a) an assisted living facility<\/span>, adult day center<\/span>, or child<\/span> welfare agency operated by an agency of the Commonwealth in accordance with § 63.2-1710.2<\/a> or (b) any other assisted living facility<\/span>, adult day center<\/span>, or child<\/span> welfare agency in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.). The Commissioner<\/span> shall not delegate his authority to impose civil penalties in conjunction with the issuance of special orders<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> may take the following actions regarding assisted living facilities, adult day centers<\/span>, and child<\/span> welfare agencies through the issuance of a special order<\/span> and may require a copy of the special order<\/span> provided by the Department<\/span> to be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Place a licensee on probation<\/span> upon finding<\/span> that the licensee is substantially out of compliance with the terms of its license and that the health and safety of residents, participants, or children are at risk; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Reduce licensed capacity or prohibit new admissions when the Commissioner<\/span> concludes that the licensee cannot make necessary corrections to achieve compliance with regulations except by a temporary restriction of its scope of service; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Mandate<\/span> training for the licensee or licensee’s employees, with any costs to be borne by the licensee, when the Commissioner<\/span> concludes that the lack of such training has led directly to violations of regulations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Assess civil penalties for each day the assisted living facility<\/span> is or was out of compliance with the terms of its license and the health, safety, and welfare of residents are at risk, which shall be paid into the state treasury and credited to the Assisted Living Facility<\/span> Education, Training, and Technical Assistance Fund created pursuant to § 63.2-1803.1<\/a>; however, no civil penalty<\/span> shall be imposed pursuant to this subdivision on any assisted living facility<\/span> operated by an agency of the Commonwealth. The aggregate amount of such civil penalties shall not exceed $10,000 for assisted living facilities in any 12-month period. Criteria for imposition of civil penalties and amounts, expressed in ranges, shall be developed by the Board<\/span>, and shall be based upon the severity, pervasiveness, duration, and degree of risk to the health, safety, or welfare of residents. Such civil penalties shall be applied by the Commissioner<\/span> in a consistent manner. Such criteria shall also provide that (i) the Commissioner<\/span> may accept a plan of correction, including a schedule of compliance, from an assisted living facility<\/span> prior to setting a civil penalty<\/span>, and (ii) the Commissioner<\/span> may reduce or abate the penalty<\/span> amount if the facility complies with the plan of correction within its terms.\n\t\t\t\tA single act, omission, or incident shall not give rise to imposition of multiple civil penalties even though such act, omission, or incident may violate more than one statute<\/span> or regulation. A civil penalty<\/span> that is not appealed becomes due on the first day after the appeal<\/span> period expires. The license of an assisted living facility<\/span> that has failed to pay a civil penalty<\/span> due under this section shall not be renewed until the civil penalty<\/span> has been paid in full, with interest, provided that the Commissioner<\/span> may renew a license when an unpaid civil penalty<\/span> is the subject of a pending appeal<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Assess civil penalties of not more than $500 per inspection upon finding<\/span> that the adult day center<\/span> or child<\/span> welfare agency is substantially out of compliance with the terms of its license and the health and safety of residents, participants, or children are at risk; however, no civil penalty<\/span> shall be imposed pursuant to this subdivision on any adult day center<\/span> or child<\/span> welfare agency operated by an agency of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Require licensees to contact parents, guardians, or other responsible persons in writing regarding health and safety violations; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Prevent licensees who are substantially out of compliance with the licensure terms or in violation of the regulations from receiving public funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> shall adopt regulations to implement the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT AND SANCTIONS; SPECIAL ORDERS; CIVIL PENALTIES (\u00a7 63.2-1709.2)\n\nA. Notwithstanding any other provision of law, following a proceeding as\nprovided in § 2.2-4019, the Commissioner may issue a special order (i) for\nviolation of any of the provisions of this subtitle, § 54.1-3408, or any\nregulation adopted under any provision of this subtitle which violation\nadversely affects, or is an imminent and substantial threat to, the health,\nsafety, or welfare of the person cared for therein, or (ii) for permitting,\naiding, or abetting the commission of any illegal act in an assisted living\nfacility, adult day center, or child welfare agency. Notice of the\nCommissioner’s intent to take any of the actions enumerated in\nsubdivisions B 1 through B 7 shall be provided by the Department and a copy of\nsuch notice shall be posted in a prominent place at each public entrance of the\nlicensed premises to advise consumers of serious or persistent violations. The\nissuance of a special order shall be considered a case decision as defined in\n§ 2.2-4001. Actions set forth in subsection B may be appealed by (a) an\nassisted living facility, adult day center, or child welfare agency operated by\nan agency of the Commonwealth in accordance with § 63.2-1710.2 or (b) any\nother assisted living facility, adult day center, or child welfare agency in\naccordance with the Administrative Process Act (§ 2.2-4000 et seq.). The\nCommissioner shall not delegate his authority to impose civil penalties in\nconjunction with the issuance of special orders.\n\nB. The Commissioner may take the following actions regarding assisted living\nfacilities, adult day centers, and child welfare agencies through the issuance\nof a special order and may require a copy of the special order provided by the\nDepartment to be posted in a prominent place at each public entrance of the\nlicensed premises to advise consumers of serious or persistent violations:\n\n 1. Place a licensee on probation upon finding that the licensee is\n substantially out of compliance with the terms of its license and that the\n health and safety of residents, participants, or children are at risk;\n\n 2. Reduce licensed capacity or prohibit new admissions when the Commissioner\n concludes that the licensee cannot make necessary corrections to achieve\n compliance with regulations except by a temporary restriction of its scope of\n service;\n\n 3. Mandate training for the licensee or licensee’s employees, with any\n costs to be borne by the licensee, when the Commissioner concludes that the\n lack of such training has led directly to violations of regulations;\n\n 4. Assess civil penalties for each day the assisted living facility is or was\n out of compliance with the terms of its license and the health, safety, and\n welfare of residents are at risk, which shall be paid into the state treasury\n and credited to the Assisted Living Facility Education, Training, and\n Technical Assistance Fund created pursuant to § 63.2-1803.1; however, no\n civil penalty shall be imposed pursuant to this subdivision on any assisted\n living facility operated by an agency of the Commonwealth. The aggregate\n amount of such civil penalties shall not exceed $10,000 for assisted living\n facilities in any 12-month period. Criteria for imposition of civil penalties\n and amounts, expressed in ranges, shall be developed by the Board, and shall\n be based upon the severity, pervasiveness, duration, and degree of risk to the\n health, safety, or welfare of residents. Such civil penalties shall be applied\n by the Commissioner in a consistent manner. Such criteria shall also provide\n that (i) the Commissioner may accept a plan of correction, including a\n schedule of compliance, from an assisted living facility prior to setting a\n civil penalty, and (ii) the Commissioner may reduce or abate the penalty\n amount if the facility complies with the plan of correction within its terms.\n \t\t\t\tA single act, omission, or incident shall not give rise to imposition of\n multiple civil penalties even though such act, omission, or incident may\n violate more than one statute or regulation. A civil penalty that is not\n appealed becomes due on the first day after the appeal period expires. The\n license of an assisted living facility that has failed to pay a civil penalty\n due under this section shall not be renewed until the civil penalty has been\n paid in full, with interest, provided that the Commissioner may renew a\n license when an unpaid civil penalty is the subject of a pending appeal;\n\n 5. Assess civil penalties of not more than $500 per inspection upon finding\n that the adult day center or child welfare agency is substantially out of\n compliance with the terms of its license and the health and safety of\n residents, participants, or children are at risk; however, no civil penalty\n shall be imposed pursuant to this subdivision on any adult day center or child\n welfare agency operated by an agency of the Commonwealth;\n\n 6. Require licensees to contact parents, guardians, or other responsible\n persons in writing regarding health and safety violations; and\n\n 7. Prevent licensees who are substantially out of compliance with the\n licensure terms or in violation of the regulations from receiving public\n funds.\n\nC. The Board shall adopt regulations to implement the provisions of this\nsection.\n\nHISTORY: 2005, cc. 610, 924; 2017, cc. 138, 283; 2018, c. 274; 2024, cc. 37,\n150.","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}}