{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1709.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1709.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1709.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1709.html"}],"law_id":54845,"edition_id":1,"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","history":"Code 1950, \u00a7 63-249; 1968, c. 578, \u00a7 63.1-212; 1991, c. 532, \u00a7 63.1-179.1; 1992, c. 356, \u00a7 63.1-194.9; 1993, cc. 730, 742, 957, 993, \u00a7 63.1-211.3; 1998, cc. 115, 397, 850; 2002, c. 747; 2005, cc. 610, 924; 2009, cc. 813, 840; 2018, c. 274; 2019, c. 449; 2024, cc. 37, 150; 2025, c. 616.","full_text":"A\n\nUpon receipt and verification by the Commissioner of information from any source indicating an imminent and substantial risk of harm to residents, the Commissioner may require an assisted living facility to contract with an individual licensed by the Board of Long-Term Care Administrators, to be selected from a pool of appropriately licensed administrators recommended by the owner of the assisted living facility, to administer, manage, or operate the assisted living facility on an interim basis, and to attempt to bring the facility into compliance with all relevant requirements of law, regulation, or any plan of correction approved by the Commissioner. Such contract shall require the interim administrator to comply with any and all requirements established by the Department to ensure the health, safety, and welfare of the residents. Prior to or upon conclusion of the period of interim administration, management, or operation, an inspection shall be conducted to determine whether operation of the assisted living facility shall be permitted to continue or should cease. Such interim administration, management, or operation shall not be permitted when defects in the conditions of the premises of the assisted living facility (i) present immediate and substantial risks to the health, safety, and welfare of residents, and (ii) may not be corrected within a reasonable period of time. Any decision by the Commissioner to require the employment of a person to administer, manage, or operate an assisted living facility shall be subject to the rights of judicial review and appeal as provided in the Administrative Process Act (§ 2.2-4000 et seq.). Actual and reasonable costs of such interim administration shall be the responsibility of and shall be borne by the owner of the assisted living facility.B\n\nThe Board shall adopt regulations for the Commissioner to use in determining when the imposition of administrative sanctions or initiation of court proceedings, severally or jointly, is appropriate in order to ensure prompt correction of violations in assisted living facilities and adult day centers involving noncompliance with state law or regulation as discovered through any inspection or investigation conducted by the Departments of Social Services, Health, or Behavioral Health and Developmental Services. The Commissioner may impose such sanctions or take such actions as are appropriate for violation of any of the provisions of this subtitle or any regulation adopted under any provision of this subtitle that adversely affects the health, safety or welfare of an assisted living facility resident or an adult day center participant. Such sanctions or actions may include (i) petitioning the court to appoint a receiver for (a) any assisted living facility pursuant to subsection E or (b) adult day center and (ii) revoking or denying renewal of the license for the assisted living facility or adult day center for violation of any of the provisions of this subtitle, § 54.1-3408 or any regulation adopted under this subtitle that violation adversely affects, or is an immediate and substantial threat to, the health, safety or welfare of the person cared for therein, or for permitting, aiding or abetting the commission of any illegal act in an assisted living facility or adult day center.C\n\nThe Commissioner may issue a notice of summary suspension of the license to operate the assisted living facility pursuant to (i) for assisted living facilities operated by agencies of the Commonwealth, the procedures set forth in § 63.2-1710.1 or (ii) for all other assisted living facilities, the procedures hereinafter set forth in conjunction with any proceeding for revocation, denial, or other action when conditions or practices exist that pose an immediate and substantial threat to the health, safety, and welfare of the residents. The notice of summary suspension shall set forth (a) the summary suspension procedures, (b) hearing and appeal rights as provided under this subsection, (c) facts and evidence that formed the basis for which the summary suspension is sought, and (d) the time, date, and location of the hearing to determine whether the suspension is appropriate. Such notice shall be served on the assisted living facility or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the assisted living facility.\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 hearing; 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 a hearing officer’s findings, conclusions, or recommended decision, the Commissioner shall state with particularity the basis for rejection. In issuing a final order of summary suspension, the Commissioner may suspend the license of the assisted living facility or suspend only certain authority of the assisted living facility to provide certain services or perform certain functions that the Commissioner determines should be restricted or modified in order to protect the health, safety, and welfare of the residents receiving care. A final order of summary suspension shall include notice that the assisted living facility may appeal the Commissioner’s decision to the appropriate circuit court no later than 10 days following service of the order. A copy of any final order of summary suspension shall be prominently displayed by the provider at each public entrance of the facility, or in lieu thereof, the provider 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\tUpon appeal, the sole issue before the court shall be whether the Department had reasonable grounds to require the assisted living facility to cease operations during the pendency of the concurrent revocation, denial, or other proceeding. Any concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension. The willful and material failure to comply with the final order of summary suspension shall constitute an offense under subdivision 3 of § 63.2-1712. At the request of the Commissioner, all agencies and subdivisions of the Commonwealth shall cooperate with the Commissioner in the relocation of residents of an assisted living 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 residents.D\n\nNotice of the Commissioner’s intent to revoke or deny renewal of the license for an assisted living facility or to summarily suspend the license of an assisted living facility 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. In determining whether to deny, revoke, or summarily suspend a license, the Commissioner may choose to deny, revoke, or summarily suspend only certain authority of the assisted living facility to operate and may restrict or modify the assisted living facility’s 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 residents. Such proposed denial, revocation, or summary suspension of certain services or functions may be appealed (i) if the assisted living facility is operated by an agency of the Commonwealth in accordance with the provisions of § 63.2-1710.2 and (ii) for all other assisted living facilities as otherwise provided in this subtitle for any denial, revocation, or summary suspension.E\n\nIn addition to the enforcements, sanctions, and civil penalties provided in this section, the Commissioner may petition the circuit court for the jurisdiction in which any assisted living facility, as defined in § 63.2-100, is located for the appointment of a receiver in accordance with the provisions of this section whenever (i) such assisted living facility shall (a) receive official notice from the Commissioner that its license has been or will be denied, revoked, or suspended or (b) operate at any time under conditions that present a major and continuing threat to the health, safety, security, rights, or welfare of the residents, including the threat of imminent abandonment by the owner or operatory or a pattern of failure to meet ongoing financial obligations such as the inability to pay for essential food, pharmaceuticals, personnel, ore required insurance, and (ii) the assisted living facility is unable to make adequate and timely arrangements for all residents to relocate in order to ensure their continued health, safety, and welfare.\n\t\t\tUpon the filing of a petition for appointment of a receiver, the court shall hold a hearing within 10 days, at which time the Department and the owner or operator of the facility may participate and present evidence. The court may grant the petition if it finds any one of the conditions identified in clause (i) to exist in combination with the condition identified in clause (ii) and the court further finds that such conditions will not be remedied and that the residents will not be protected unless the petition is granted.\n\t\t\tNo receivership established under this subsection shall continue in effect for more than 180 days without further order of the court, nor shall the receivership continue in effect following the revocation or denial of the assisted living facility’s license, except to enforce any post-termination duties of the assisted living facility as required by the law.\n\t\t\tThe appointed receiver shall be a person licensed as an assisted living facility administrator in the Commonwealth pursuant to Title 54.1 or, if not so licensed, shall employ and supervise a person so licensed to administer the day-to-day business of the assisted living facility.\n\t\t\tThe appointed receiver shall have (a) such powers and duties to manage the assisted living facility as the court may grant and direct, including to accomplish the orderly relocation of all residents and the right to refuse to admit new residents during the receivership; (b) the power to receive, conserve, protect, and disburse funds on behalf of the owner or operator of the assisted living facility; (c) the power to execute and avoid executory contracts; (d) the power to hire and discharge employees; and (e) the power to do all other acts, including the filing of such reports as the court may direct, subject to accounting to the court therefor and otherwise consistent with state and federal laws, necessary to protect the residents from the threat or threats set forth in the original petitions, as well as such other threats arising thereafter or out of the same conditions.\n\t\t\tThe court may grant injunctive relief as it deems appropriate to the Department or to the appointed receiver either in conjunction with or subsequent to the granting of a petition for appointment of a receiver under this subsection.\n\t\t\tThe court may terminate the receivership on the motion of the Department, the receiver, or the owner or operator, upon finding, after a hearing, that either (1) the conditions described in the petition have been substantially eliminated or remedied or (2) all residents in the assisted living facility have been relocated. Within 30 days after such termination, the receiver shall file a complete report of his activities with the court, including an accounting for all property of which he has taken possession and all funds collected.\n\t\t\tAll costs of administration of a receivership hereunder shall be paid by the receiver out of resident fees. The court, after terminating such receivership, shall enter appropriate orders to ensure such payments upon its approval of the receiver’s reports.\n\t\t\tA receiver appointed under this subsection shall be an officer of the court, shall not be liable for conditions at the assisted living facility that existed or originated prior to his appointment, and shall not be personally liable, except for his own gross negligence and intentional acts that result in injuries to persons or damage to property at the assisted living facility during his receivership.\n\t\t\tThe provisions of this subsection shall not be construed to relieve any owner, operator, or other party of any duty imposed by law or of any civil or criminal liability incurred by reason of any act or omission of such owner, operatory or other party.","order_by":null,"text":{"0":{"id":201244,"text":"Upon receipt and verification by the Commissioner of information from any source indicating an imminent and substantial risk of harm to residents, the Commissioner may require an assisted living facility to contract with an individual licensed by the Board of Long-Term Care Administrators, to be selected from a pool of appropriately licensed administrators recommended by the owner of the assisted living facility, to administer, manage, or operate the assisted living facility on an interim basis, and to attempt to bring the facility into compliance with all relevant requirements of law, regulation, or any plan of correction approved by the Commissioner. Such contract shall require the interim administrator to comply with any and all requirements established by the Department to ensure the health, safety, and welfare of the residents. Prior to or upon conclusion of the period of interim administration, management, or operation, an inspection shall be conducted to determine whether operation of the assisted living facility shall be permitted to continue or should cease. Such interim administration, management, or operation shall not be permitted when defects in the conditions of the premises of the assisted living facility (i) present immediate and substantial risks to the health, safety, and welfare of residents, and (ii) may not be corrected within a reasonable period of time. Any decision by the Commissioner to require the employment of a person to administer, manage, or operate an assisted living facility shall be subject to the rights of judicial review and appeal as provided in the Administrative Process Act (§ 2.2-4000 et seq.). Actual and reasonable costs of such interim administration shall be the responsibility of and shall be borne by the owner of the assisted living facility.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":201245,"text":"The Board shall adopt regulations for the Commissioner to use in determining when the imposition of administrative sanctions or initiation of court proceedings, severally or jointly, is appropriate in order to ensure prompt correction of violations in assisted living facilities and adult day centers involving noncompliance with state law or regulation as discovered through any inspection or investigation conducted by the Departments of Social Services, Health, or Behavioral Health and Developmental Services. The Commissioner may impose such sanctions or take such actions as are appropriate for violation of any of the provisions of this subtitle or any regulation adopted under any provision of this subtitle that adversely affects the health, safety or welfare of an assisted living facility resident or an adult day center participant. Such sanctions or actions may include (i) petitioning the court to appoint a receiver for (a) any assisted living facility pursuant to subsection E or (b) adult day center and (ii) revoking or denying renewal of the license for the assisted living facility or adult day center for violation of any of the provisions of this subtitle, § 54.1-3408 or any regulation adopted under this subtitle that violation adversely affects, or is an immediate and substantial threat to, the health, safety or welfare of the person cared for therein, or for permitting, aiding or abetting the commission of any illegal act in an assisted living facility or adult day center.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":201246,"text":"The Commissioner may issue a notice of summary suspension of the license to operate the assisted living facility pursuant to (i) for assisted living facilities operated by agencies of the Commonwealth, the procedures set forth in § 63.2-1710.1 or (ii) for all other assisted living facilities, the procedures hereinafter set forth in conjunction with any proceeding for revocation, denial, or other action when conditions or practices exist that pose an immediate and substantial threat to the health, safety, and welfare of the residents. The notice of summary suspension shall set forth (a) the summary suspension procedures, (b) hearing and appeal rights as provided under this subsection, (c) facts and evidence that formed the basis for which the summary suspension is sought, and (d) the time, date, and location of the hearing to determine whether the suspension is appropriate. Such notice shall be served on the assisted living facility or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the assisted living facility.\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 hearing; 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 a hearing officer’s findings, conclusions, or recommended decision, the Commissioner shall state with particularity the basis for rejection. In issuing a final order of summary suspension, the Commissioner may suspend the license of the assisted living facility or suspend only certain authority of the assisted living facility to provide certain services or perform certain functions that the Commissioner determines should be restricted or modified in order to protect the health, safety, and welfare of the residents receiving care. A final order of summary suspension shall include notice that the assisted living facility may appeal the Commissioner’s decision to the appropriate circuit court no later than 10 days following service of the order. A copy of any final order of summary suspension shall be prominently displayed by the provider at each public entrance of the facility, or in lieu thereof, the provider 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\tUpon appeal, the sole issue before the court shall be whether the Department had reasonable grounds to require the assisted living facility to cease operations during the pendency of the concurrent revocation, denial, or other proceeding. Any concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension. The willful and material failure to comply with the final order of summary suspension shall constitute an offense under subdivision 3 of § 63.2-1712. At the request of the Commissioner, all agencies and subdivisions of the Commonwealth shall cooperate with the Commissioner in the relocation of residents of an assisted living 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 residents.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":201247,"text":"Notice of the Commissioner’s intent to revoke or deny renewal of the license for an assisted living facility or to summarily suspend the license of an assisted living facility 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. In determining whether to deny, revoke, or summarily suspend a license, the Commissioner may choose to deny, revoke, or summarily suspend only certain authority of the assisted living facility to operate and may restrict or modify the assisted living facility’s 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 residents. Such proposed denial, revocation, or summary suspension of certain services or functions may be appealed (i) if the assisted living facility is operated by an agency of the Commonwealth in accordance with the provisions of § 63.2-1710.2 and (ii) for all other assisted living facilities as otherwise provided in this subtitle for any denial, revocation, or summary suspension.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":201248,"text":"In addition to the enforcements, sanctions, and civil penalties provided in this section, the Commissioner may petition the circuit court for the jurisdiction in which any assisted living facility, as defined in § 63.2-100, is located for the appointment of a receiver in accordance with the provisions of this section whenever (i) such assisted living facility shall (a) receive official notice from the Commissioner that its license has been or will be denied, revoked, or suspended or (b) operate at any time under conditions that present a major and continuing threat to the health, safety, security, rights, or welfare of the residents, including the threat of imminent abandonment by the owner or operatory or a pattern of failure to meet ongoing financial obligations such as the inability to pay for essential food, pharmaceuticals, personnel, ore required insurance, and (ii) the assisted living facility is unable to make adequate and timely arrangements for all residents to relocate in order to ensure their continued health, safety, and welfare.\n\t\t\tUpon the filing of a petition for appointment of a receiver, the court shall hold a hearing within 10 days, at which time the Department and the owner or operator of the facility may participate and present evidence. The court may grant the petition if it finds any one of the conditions identified in clause (i) to exist in combination with the condition identified in clause (ii) and the court further finds that such conditions will not be remedied and that the residents will not be protected unless the petition is granted.\n\t\t\tNo receivership established under this subsection shall continue in effect for more than 180 days without further order of the court, nor shall the receivership continue in effect following the revocation or denial of the assisted living facility’s license, except to enforce any post-termination duties of the assisted living facility as required by the law.\n\t\t\tThe appointed receiver shall be a person licensed as an assisted living facility administrator in the Commonwealth pursuant to Title 54.1 or, if not so licensed, shall employ and supervise a person so licensed to administer the day-to-day business of the assisted living facility.\n\t\t\tThe appointed receiver shall have (a) such powers and duties to manage the assisted living facility as the court may grant and direct, including to accomplish the orderly relocation of all residents and the right to refuse to admit new residents during the receivership; (b) the power to receive, conserve, protect, and disburse funds on behalf of the owner or operator of the assisted living facility; (c) the power to execute and avoid executory contracts; (d) the power to hire and discharge employees; and (e) the power to do all other acts, including the filing of such reports as the court may direct, subject to accounting to the court therefor and otherwise consistent with state and federal laws, necessary to protect the residents from the threat or threats set forth in the original petitions, as well as such other threats arising thereafter or out of the same conditions.\n\t\t\tThe court may grant injunctive relief as it deems appropriate to the Department or to the appointed receiver either in conjunction with or subsequent to the granting of a petition for appointment of a receiver under this subsection.\n\t\t\tThe court may terminate the receivership on the motion of the Department, the receiver, or the owner or operator, upon finding, after a hearing, that either (1) the conditions described in the petition have been substantially eliminated or remedied or (2) all residents in the assisted living facility have been relocated. Within 30 days after such termination, the receiver shall file a complete report of his activities with the court, including an accounting for all property of which he has taken possession and all funds collected.\n\t\t\tAll costs of administration of a receivership hereunder shall be paid by the receiver out of resident fees. The court, after terminating such receivership, shall enter appropriate orders to ensure such payments upon its approval of the receiver’s reports.\n\t\t\tA receiver appointed under this subsection shall be an officer of the court, shall not be liable for conditions at the assisted living facility that existed or originated prior to his appointment, and shall not be personally liable, except for his own gross negligence and intentional acts that result in injuries to persons or damage to property at the assisted living facility during his receivership.\n\t\t\tThe provisions of this subsection shall not be construed to relieve any owner, operator, or other party of any duty imposed by law or of any civil or criminal liability incurred by reason of any act or omission of such owner, operatory or other party.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1709\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 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 1968, chapter 578; in 1991, chapter 532; in 1992, chapter 356; in 1993, chapters 730, 742, 957, and 993; in 1998, chapters 115<\/a>, 397<\/a>, and 850<\/a>; in 2002, chapter 747<\/a>; in 2005, chapters 610<\/a> and 924<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2018, chapter 274<\/a>; in 2019, chapter 449<\/a>; in 2024, chapters 37<\/a> and 150<\/a>; in 2025, chapter 616<\/a>.<\/p>","references":[{"id":73445,"section_number":"63.2-1732","catch_line":"Regulations for assisted living facilities","order_by":null,"url":"\/63.2-1732\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":77665,"section_number":"54.1-3408","catch_line":"Professional use by practitioners","order_by":null,"url":"\/54.1-3408\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"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":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":83883,"section_number":"63.2-1712","catch_line":"Offenses; penalty","order_by":null,"url":"\/63.2-1712\/"}],"permalink":{"id":272201,"object_type":"law","relational_id":54845,"identifier":"63.2-1709","token":"63.2\/IV\/17\/1\/63.2-1709","url":"\/63.2-1709\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1709\/","token":"63.2\/IV\/17\/1\/63.2-1709","dublin_core":{"Title":"Enforcement and sanctions; assisted living facilities and adult day centers; interim administration; receivership, revocation, denial, summary suspension","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1709","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon receipt and verification by the Commissioner<\/span> of information from any source indicating an imminent and substantial risk of harm to residents, the Commissioner<\/span> may require an assisted living facility<\/span> to contract<\/span> with an individual licensed by the Board<\/span> of Long-Term Care Administrators, to be selected from a pool of appropriately licensed administrators recommended by the owner of the assisted living facility<\/span>, to administer, manage, or operate the assisted living facility<\/span> on an interim basis, and to attempt to bring the facility into compliance with all relevant requirements of law<\/span>, regulation, or any plan of correction approved by the Commissioner<\/span>. Such contract<\/span> shall require the interim administrator to comply with any and all requirements established by the Department<\/span> to ensure the health, safety, and welfare of the residents. Prior to or upon conclusion of the period of interim administration, management, or operation, an inspection shall be conducted to determine whether operation of the assisted living facility<\/span> shall be permitted to continue or should cease. Such interim administration, management, or operation shall not be permitted when defects in the conditions of the premises of the assisted living facility<\/span> (i) present immediate and substantial risks to the health, safety, and welfare of residents, and (ii) may not be corrected within a reasonable period of time. Any decision by the Commissioner<\/span> to require the employment of a person to administer, manage, or operate an assisted living facility<\/span> shall be subject to the rights of judicial review and appeal<\/span> as provided in the Administrative Process Act (§ 2.2-4000<\/a> et seq.). Actual and reasonable costs of such interim administration shall be the responsibility of and shall be borne by the owner of the assisted living facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> shall adopt regulations for the Commissioner<\/span> to use in determining when the imposition of administrative sanctions<\/span> or initiation of court<\/span> proceedings, severally or jointly, is appropriate in order<\/span> to ensure prompt correction of violations in assisted living facilities and adult day centers<\/span> involving noncompliance with state law<\/span> or regulation as discovered through any inspection or investigation conducted by the Departments<\/span> of Social Services<\/span>, Health, or Behavioral Health and Developmental Services. The Commissioner<\/span> may impose such sanctions<\/span> or take such actions as are appropriate for violation of any of the provisions of this subtitle or any regulation adopted under any provision of this subtitle that adversely affects the health, safety or welfare of an assisted living facility<\/span> resident or an adult day center<\/span> participant. Such sanctions<\/span> or actions may include (i) petitioning the court<\/span> to appoint a receiver for (a) any assisted living facility<\/span> pursuant to subsection E or (b) adult day center<\/span> and (ii) revoking or denying renewal of the license for the assisted living facility<\/span> or adult day center<\/span> for violation of any of the provisions of this subtitle, § 54.1-3408<\/a> or any regulation adopted under this subtitle that violation adversely affects, or is an immediate and substantial threat to, the health, safety or welfare of the person cared for therein, or for permitting, aiding or abetting the commission of any illegal act in an assisted living facility<\/span> or adult day center<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner<\/span> may issue<\/span> a notice of summary suspension of the license to operate the assisted living facility<\/span> pursuant to (i) for assisted living facilities operated by agencies of the Commonwealth, the procedures set forth in § 63.2-1710.1<\/a> or (ii) for all other assisted living facilities, the procedures hereinafter set forth in conjunction with any proceeding for revocation<\/span>, denial, or other action when conditions or practices exist that pose an immediate and substantial threat to the health, safety, and welfare of the residents. The notice of summary suspension shall set forth (a) the summary suspension procedures, (b) hearing<\/span> and appeal<\/span> rights as provided under this subsection, (c) facts<\/span> and evidence<\/span> that formed the basis for which the summary suspension is sought, and (d) the time, date, and location of the hearing<\/span> to determine whether the suspension is appropriate. Such notice shall be served on the assisted living facility<\/span> or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the assisted living facility<\/span>.\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 hearing<\/span>; 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 a hearing<\/span> officer’s findings<\/span>, conclusions, or recommended decision, the Commissioner<\/span> shall state with particularity the basis for rejection. In issuing a final order<\/span> of summary suspension, the Commissioner<\/span> may suspend the license of the assisted living facility<\/span> or suspend only certain authority of the assisted living facility<\/span> 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, and welfare of the residents receiving care. A final order<\/span> of summary suspension shall include notice that the assisted living facility<\/span> 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. A copy of any final order<\/span> of summary suspension shall be prominently displayed by the provider at each public entrance of the facility, or in lieu thereof, the provider 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\tUpon appeal<\/span>, the sole issue<\/span> before the court<\/span> shall be whether the Department<\/span> had reasonable grounds to require the assisted living facility<\/span> to cease operations during the pendency of the concurrent revocation<\/span>, denial, or other proceeding. Any 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. The willful and material<\/span> failure to comply with the final order<\/span> of summary suspension shall constitute an offense<\/span> under subdivision 3 of § 63.2-1712<\/a>. At the request of the Commissioner<\/span>, all agencies and subdivisions of the Commonwealth shall cooperate with the Commissioner<\/span> in the relocation of residents of an assisted living 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 residents. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notice of the Commissioner<\/span>’s intent<\/span> to revoke or deny renewal of the license for an assisted living facility<\/span> or to summarily suspend the license of an assisted living facility<\/span> 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. In determining whether to deny, revoke, or summarily suspend a license, the Commissioner<\/span> may choose to deny, revoke, or summarily suspend only certain authority of the assisted living facility<\/span> to operate and may restrict or modify the assisted living facility<\/span>’s 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 residents. Such proposed denial, revocation<\/span>, or summary suspension of certain services or functions may be appealed (i) if the assisted living facility<\/span> is operated by an agency of the Commonwealth in accordance with the provisions of § 63.2-1710.2<\/a> and (ii) for all other assisted living facilities as otherwise provided in this subtitle for any denial, revocation<\/span>, or summary suspension. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In addition to the enforcements, sanctions<\/span>, and civil penalties provided in this section, the Commissioner<\/span> may petition<\/span> the circuit<\/span> court<\/span> for the jurisdiction<\/span> in which any assisted living facility<\/span>, as defined in § 63.2-100<\/a>, is located for the appointment of a receiver in accordance with the provisions of this section whenever (i) such assisted living facility<\/span> shall (a) receive official notice from the Commissioner<\/span> that its license has been or will be denied, revoked, or suspended or (b) operate at any time under conditions that present a major and continuing threat to the health, safety, security, rights, or welfare of the residents, including the threat of imminent abandonment by the owner or operatory or a pattern of failure to meet ongoing financial obligations such as the inability to pay for essential food, pharmaceuticals, personnel, ore required insurance, and (ii) the assisted living facility<\/span> is unable to make adequate and timely arrangements for all residents to relocate in order to ensure their continued health, safety, and welfare.\n\t\t\tUpon the filing of a petition<\/span> for appointment of a receiver, the court<\/span> shall hold a hearing<\/span> within 10 days, at which time the Department<\/span> and the owner or operator of the facility may participate and present evidence<\/span>. The court<\/span> may grant the petition<\/span> if it finds any one of the conditions identified in clause (i) to exist in combination with the condition identified in clause (ii) and the court<\/span> further finds that such conditions will not be remedied and that the residents will not be protected unless the petition<\/span> is granted.\n\t\t\tNo receivership established under this subsection shall continue in effect for more than 180 days without further order of the court<\/span>, nor shall the receivership continue in effect following the revocation<\/span> or denial of the assisted living facility<\/span>’s license, except to enforce any post-termination duties of the assisted living facility<\/span> as required by the law<\/span>.\n\t\t\tThe appointed receiver shall be a person licensed as an assisted living facility<\/span> administrator in the Commonwealth pursuant to Title 54.1 or, if not so licensed, shall employ and supervise a person so licensed to administer the day-to-day business of the assisted living facility<\/span>.\n\t\t\tThe appointed receiver shall have (a) such powers and duties to manage the assisted living facility<\/span> as the court<\/span> may grant and direct, including to accomplish the orderly relocation of all residents and the right to refuse to admit new residents during the receivership; (b) the power to receive, conserve, protect, and disburse funds on behalf of the owner or operator of the assisted living facility<\/span>; (c) the power to execute and avoid executory contracts<\/span>; (d) the power to hire and discharge employees; and (e) the power to do all other acts, including the filing of such reports as the court<\/span> may direct, subject to accounting to the court<\/span> therefor and otherwise consistent with state and federal laws<\/span>, necessary to protect the residents from the threat or threats set forth in the original petitions<\/span>, as well as such other threats arising thereafter or out of the same conditions.\n\t\t\tThe court<\/span> may grant injunctive relief as it deems appropriate to the Department<\/span> or to the appointed receiver either in conjunction with or subsequent to the granting of a petition<\/span> for appointment of a receiver under this subsection.\n\t\t\tThe court<\/span> may terminate the receivership on the motion<\/span> of the Department<\/span>, the receiver, or the owner or operator, upon finding<\/span>, after a hearing<\/span>, that either (1) the conditions described in the petition<\/span> have been substantially eliminated or remedied or (2) all residents in the assisted living facility<\/span> have been relocated. Within 30 days after such termination, the receiver shall file a complete report of his activities with the court<\/span>, including an accounting for all property of which he has taken possession<\/span> and all funds collected.\n\t\t\tAll costs of administration of a receivership hereunder shall be paid by the receiver out of resident fees. The court<\/span>, after terminating such receivership, shall enter appropriate orders<\/span> to ensure such payments upon its approval of the receiver’s reports.\n\t\t\tA receiver appointed under this subsection shall be an officer of the court<\/span>, shall not be liable for conditions at the assisted living facility<\/span> that existed or originated prior to his appointment, and shall not be personally liable, except for his own gross negligence<\/span> and intentional acts that result in injuries to persons or damage to property at the assisted living facility<\/span> during his receivership.\n\t\t\tThe provisions of this subsection shall not be construed to relieve any owner, operator, or other party<\/span> of any duty imposed by law<\/span> or of any civil or criminal liability incurred by reason of any act or omission of such owner, operatory or other party<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT AND SANCTIONS; ASSISTED LIVING FACILITIES AND ADULT DAY CENTERS;\nINTERIM ADMINISTRATION; RECEIVERSHIP, REVOCATION, DENIAL, SUMMARY SUSPENSION (\u00a7\n63.2-1709)\n\nA. Upon receipt and verification by the Commissioner of information from any\nsource indicating an imminent and substantial risk of harm to residents, the\nCommissioner may require an assisted living facility to contract with an\nindividual licensed by the Board of Long-Term Care Administrators, to be\nselected from a pool of appropriately licensed administrators recommended by the\nowner of the assisted living facility, to administer, manage, or operate the\nassisted living facility on an interim basis, and to attempt to bring the\nfacility into compliance with all relevant requirements of law, regulation, or\nany plan of correction approved by the Commissioner. Such contract shall require\nthe interim administrator to comply with any and all requirements established by\nthe Department to ensure the health, safety, and welfare of the residents. Prior\nto or upon conclusion of the period of interim administration, management, or\noperation, an inspection shall be conducted to determine whether operation of\nthe assisted living facility shall be permitted to continue or should cease.\nSuch interim administration, management, or operation shall not be permitted\nwhen defects in the conditions of the premises of the assisted living facility\n(i) present immediate and substantial risks to the health, safety, and welfare\nof residents, and (ii) may not be corrected within a reasonable period of time.\nAny decision by the Commissioner to require the employment of a person to\nadminister, manage, or operate an assisted living facility shall be subject to\nthe rights of judicial review and appeal as provided in the Administrative\nProcess Act (§ 2.2-4000 et seq.). Actual and reasonable costs of such\ninterim administration shall be the responsibility of and shall be borne by the\nowner of the assisted living facility.\n\nB. The Board shall adopt regulations for the Commissioner to use in determining\nwhen the imposition of administrative sanctions or initiation of court\nproceedings, severally or jointly, is appropriate in order to ensure prompt\ncorrection of violations in assisted living facilities and adult day centers\ninvolving noncompliance with state law or regulation as discovered through any\ninspection or investigation conducted by the Departments of Social Services,\nHealth, or Behavioral Health and Developmental Services. The Commissioner may\nimpose such sanctions or take such actions as are appropriate for violation of\nany of the provisions of this subtitle or any regulation adopted under any\nprovision of this subtitle that adversely affects the health, safety or welfare\nof an assisted living facility resident or an adult day center participant. Such\nsanctions or actions may include (i) petitioning the court to appoint a receiver\nfor (a) any assisted living facility pursuant to subsection E or (b) adult day\ncenter and (ii) revoking or denying renewal of the license for the assisted\nliving facility or adult day center for violation of any of the provisions of\nthis subtitle, § 54.1-3408 or any regulation adopted under this subtitle\nthat violation adversely affects, or is an immediate and substantial threat to,\nthe health, safety or welfare of the person cared for therein, or for\npermitting, aiding or abetting the commission of any illegal act in an assisted\nliving facility or adult day center.\n\nC. The Commissioner may issue a notice of summary suspension of the license to\noperate the assisted living facility pursuant to (i) for assisted living\nfacilities operated by agencies of the Commonwealth, the procedures set forth in\n§ 63.2-1710.1 or (ii) for all other assisted living facilities, the\nprocedures hereinafter set forth in conjunction with any proceeding for\nrevocation, denial, or other action when conditions or practices exist that pose\nan immediate and substantial threat to the health, safety, and welfare of the\nresidents. The notice of summary suspension shall set forth (a) the summary\nsuspension procedures, (b) hearing and appeal rights as provided under this\nsubsection, (c) facts and evidence that formed the basis for which the summary\nsuspension is sought, and (d) the time, date, and location of the hearing to\ndetermine whether the suspension is appropriate. Such notice shall be served on\nthe assisted living facility or its designee as soon as practicable thereafter\nby personal service or certified mail, return receipt requested, to the address\nof record of the assisted living facility.\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 hearing;\nhowever, the hearing officer may grant a written request for a continuance, not\nto exceed an additional 10 business days, for good cause shown. Within 10\nbusiness days after such hearing, the hearing officer shall provide to the\nCommissioner written findings and conclusions, together with a recommendation as\nto 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 a\nhearing officer’s findings, conclusions, or recommended decision, the\nCommissioner shall state with particularity the basis for rejection. In issuing\na final order of summary suspension, the Commissioner may suspend the license of\nthe assisted living facility or suspend only certain authority of the assisted\nliving facility to provide certain services or perform certain functions that\nthe Commissioner determines should be restricted or modified in order to protect\nthe health, safety, and welfare of the residents receiving care. A final order\nof summary suspension shall include notice that the assisted living facility may\nappeal the Commissioner’s decision to the appropriate circuit court no\nlater than 10 days following service of the order. A copy of any final order of\nsummary suspension shall be prominently displayed by the provider at each public\nentrance of the facility, or in lieu thereof, the provider may display a written\nstatement summarizing the terms of the order in a prominent location, printed in\na clear and legible size and typeface, and identifying the location within the\nfacility where the final order of summary suspension may be reviewed.\n\t\t\tUpon appeal, the sole issue before the court shall be whether the Department\nhad reasonable grounds to require the assisted living facility to cease\noperations during the pendency of the concurrent revocation, denial, or other\nproceeding. Any concurrent revocation, denial, or other proceeding shall not be\naffected by the outcome of any hearing on the appropriateness of the summary\nsuspension. The willful and material failure to comply with the final order of\nsummary suspension shall constitute an offense under subdivision 3 of §\n63.2-1712. At the request of the Commissioner, all agencies and subdivisions of\nthe Commonwealth shall cooperate with the Commissioner in the relocation of\nresidents of an assisted living facility whose license has been summarily\nsuspended pursuant to this section and in any other actions necessary to reduce\nthe risk of further harm to residents.\n\nD. Notice of the Commissioner’s intent to revoke or deny renewal of the\nlicense for an assisted living facility or to summarily suspend the license of\nan assisted living facility 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. In\ndetermining whether to deny, revoke, or summarily suspend a license, the\nCommissioner may choose to deny, revoke, or summarily suspend only certain\nauthority of the assisted living facility to operate and may restrict or modify\nthe assisted living facility’s authority to provide certain services or\nperform certain functions that the Commissioner determines should be restricted\nor modified in order to protect the health, safety, or welfare of the residents.\nSuch proposed denial, revocation, or summary suspension of certain services or\nfunctions may be appealed (i) if the assisted living facility is operated by an\nagency of the Commonwealth in accordance with the provisions of §\n63.2-1710.2 and (ii) for all other assisted living facilities as otherwise\nprovided in this subtitle for any denial, revocation, or summary suspension.\n\nE. In addition to the enforcements, sanctions, and civil penalties provided in\nthis section, the Commissioner may petition the circuit court for the\njurisdiction in which any assisted living facility, as defined in §\n63.2-100, is located for the appointment of a receiver in accordance with the\nprovisions of this section whenever (i) such assisted living facility shall (a)\nreceive official notice from the Commissioner that its license has been or will\nbe denied, revoked, or suspended or (b) operate at any time under conditions\nthat present a major and continuing threat to the health, safety, security,\nrights, or welfare of the residents, including the threat of imminent\nabandonment by the owner or operatory or a pattern of failure to meet ongoing\nfinancial obligations such as the inability to pay for essential food,\npharmaceuticals, personnel, ore required insurance, and (ii) the assisted living\nfacility is unable to make adequate and timely arrangements for all residents to\nrelocate in order to ensure their continued health, safety, and welfare.\n\t\t\tUpon the filing of a petition for appointment of a receiver, the court shall\nhold a hearing within 10 days, at which time the Department and the owner or\noperator of the facility may participate and present evidence. The court may\ngrant the petition if it finds any one of the conditions identified in clause\n(i) to exist in combination with the condition identified in clause (ii) and the\ncourt further finds that such conditions will not be remedied and that the\nresidents will not be protected unless the petition is granted.\n\t\t\tNo receivership established under this subsection shall continue in effect\nfor more than 180 days without further order of the court, nor shall the\nreceivership continue in effect following the revocation or denial of the\nassisted living facility’s license, except to enforce any post-termination\nduties of the assisted living facility as required by the law.\n\t\t\tThe appointed receiver shall be a person licensed as an assisted living\nfacility administrator in the Commonwealth pursuant to Title 54.1 or, if not so\nlicensed, shall employ and supervise a person so licensed to administer the\nday-to-day business of the assisted living facility.\n\t\t\tThe appointed receiver shall have (a) such powers and duties to manage the\nassisted living facility as the court may grant and direct, including to\naccomplish the orderly relocation of all residents and the right to refuse to\nadmit new residents during the receivership; (b) the power to receive, conserve,\nprotect, and disburse funds on behalf of the owner or operator of the assisted\nliving facility; (c) the power to execute and avoid executory contracts; (d) the\npower to hire and discharge employees; and (e) the power to do all other acts,\nincluding the filing of such reports as the court may direct, subject to\naccounting to the court therefor and otherwise consistent with state and federal\nlaws, necessary to protect the residents from the threat or threats set forth in\nthe original petitions, as well as such other threats arising thereafter or out\nof the same conditions.\n\t\t\tThe court may grant injunctive relief as it deems appropriate to the\nDepartment or to the appointed receiver either in conjunction with or subsequent\nto the granting of a petition for appointment of a receiver under this\nsubsection.\n\t\t\tThe court may terminate the receivership on the motion of the Department, the\nreceiver, or the owner or operator, upon finding, after a hearing, that either\n(1) the conditions described in the petition have been substantially eliminated\nor remedied or (2) all residents in the assisted living facility have been\nrelocated. Within 30 days after such termination, the receiver shall file a\ncomplete report of his activities with the court, including an accounting for\nall property of which he has taken possession and all funds collected.\n\t\t\tAll costs of administration of a receivership hereunder shall be paid by the\nreceiver out of resident fees. The court, after terminating such receivership,\nshall enter appropriate orders to ensure such payments upon its approval of the\nreceiver’s reports.\n\t\t\tA receiver appointed under this subsection shall be an officer of the court,\nshall not be liable for conditions at the assisted living facility that existed\nor originated prior to his appointment, and shall not be personally liable,\nexcept for his own gross negligence and intentional acts that result in injuries\nto persons or damage to property at the assisted living facility during his\nreceivership.\n\t\t\tThe provisions of this subsection shall not be construed to relieve any\nowner, operator, or other party of any duty imposed by law or of any civil or\ncriminal liability incurred by reason of any act or omission of such owner,\noperatory or other party.\n\nHISTORY: Code 1950, \u00a7 63-249; 1968, c. 578, \u00a7 63.1-212; 1991, c. 532, \u00a7\n63.1-179.1; 1992, c. 356, \u00a7 63.1-194.9; 1993, cc. 730, 742, 957, 993, \u00a7\n63.1-211.3; 1998, cc. 115, 397, 850; 2002, c. 747; 2005, cc. 610, 924; 2009, cc.\n813, 840; 2018, c. 274; 2019, c. 449; 2024, cc. 37, 150; 2025, c. 616.","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}}