{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1710.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1710.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1710.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1710.1.html"}],"law_id":54346,"edition_id":1,"section_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","history":"2018, c. 274; 2019, c. 449.","full_text":"Whenever the Commissioner issues a summary order of suspension of the license to operate an assisted living facility, group home, or child welfare agency operated by an agency of the Commonwealth:\n\n1\n\nBefore such summary order of suspension shall take effect, the Commissioner shall issue to the assisted living facility, group home, or child welfare agency a notice of summary order of suspension setting forth (i) the procedures for a hearing and right of review as provided in this section and (ii) facts and evidence that formed the basis on which the summary order of suspension is sought. Such notice shall be served on the licensee or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the licensee. The notice shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the notice of the summary order of suspension and shall be convened by the Commissioner or his designee. After such hearing, the Commissioner may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented.2\n\nA final order of summary suspension shall include notice that the licensee may request, in writing and within three business days after receiving the Commissioner&#8217;s decision, that the Commissioner refer the matter to the Secretary of Health and Human Resources for resolution within three business days of the referral. Any determination by the Secretary shall be final and not subject to judicial review. If the final order of summary suspension is upheld, it shall take effect immediately, and a copy of the final order of summary suspension shall be prominently displayed by the licensee at each public entrance of the facility. Any concurrent revocation, denial, or other proceedings shall not be affected by the outcome of any determination by the Secretary.","order_by":null,"text":{"0":{"id":199522,"text":"Whenever the Commissioner issues a summary order of suspension of the license to operate an assisted living facility, group home, or child welfare agency operated by an agency of the Commonwealth:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":199523,"text":"Before such summary order of suspension shall take effect, the Commissioner shall issue to the assisted living facility, group home, or child welfare agency a notice of summary order of suspension setting forth (i) the procedures for a hearing and right of review as provided in this section and (ii) facts and evidence that formed the basis on which the summary order of suspension is sought. Such notice shall be served on the licensee or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the licensee. The notice shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the notice of the summary order of suspension and shall be convened by the Commissioner or his designee. After such hearing, the Commissioner may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":199524,"text":"A final order of summary suspension shall include notice that the licensee may request, in writing and within three business days after receiving the Commissioner&#8217;s decision, that the Commissioner refer the matter to the Secretary of Health and Human Resources for resolution within three business days of the referral. Any determination by the Secretary shall be final and not subject to judicial review. If the final order of summary suspension is upheld, it shall take effect immediately, and a copy of the final order of summary suspension shall be prominently displayed by the licensee at each public entrance of the facility. Any concurrent revocation, denial, or other proceedings shall not be affected by the outcome of any determination by the Secretary.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1710.1\/","history_text":"<p>This law was first created in 2018. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0274\">274<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0449\">449<\/a>.<\/p>","references":[{"id":54845,"section_number":"63.2-1709","catch_line":"Enforcement and sanctions; assisted living facilities and adult day centers; interim administration; receivership, revocation, denial, summary suspension","order_by":null,"url":"\/63.2-1709\/"},{"id":79574,"section_number":"63.2-1709.1","catch_line":"Enforcement and sanctions; child welfare agencies; revocation, denial, and summary suspension","order_by":null,"url":"\/63.2-1709.1\/"}],"refers_to":false,"permalink":{"id":272221,"object_type":"law","relational_id":54346,"identifier":"63.2-1710.1","token":"63.2\/IV\/17\/1\/63.2-1710.1","url":"\/63.2-1710.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1710.1\/","token":"63.2\/IV\/17\/1\/63.2-1710.1","dublin_core":{"Title":"Summary order of suspension; assisted living facilities and child welfare agencies operated by an agency of the Commonwealth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1710.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Whenever the <span class=\"dictionary\">Commissioner<\/span> <span class=\"dictionary\">issues<\/span> a summary <span class=\"dictionary\">order<\/span> of suspension of the license to operate an <span class=\"dictionary\">assisted living facility<\/span>, group home, or <span class=\"dictionary\">child<\/span> welfare agency operated by an agency of the Commonwealth:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Before such summary order of suspension shall take effect, the <span class=\"dictionary\">Commissioner<\/span> shall <span class=\"dictionary\">issue<\/span> to the <span class=\"dictionary\">assisted living facility<\/span>, group home, or <span class=\"dictionary\">child<\/span> welfare agency a notice of summary order of suspension setting forth (i) the procedures for a <span class=\"dictionary\">hearing<\/span> and right of review as provided in this section and (ii) <span class=\"dictionary\">facts<\/span> and <span class=\"dictionary\">evidence<\/span> that formed the basis on which the summary order of suspension is sought. Such notice shall be served on the licensee or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the licensee. The notice shall state the time, date, and location of a <span class=\"dictionary\">hearing<\/span> to determine whether the suspension is appropriate. Such <span class=\"dictionary\">hearing<\/span> shall be held no later than three business days after the issuance of the notice of the summary order of suspension and shall be convened by the <span class=\"dictionary\">Commissioner<\/span> or his designee. After such <span class=\"dictionary\">hearing<\/span>, the <span class=\"dictionary\">Commissioner<\/span> may <span class=\"dictionary\">issue<\/span> a <span class=\"dictionary\">final order<\/span> of summary suspension or may find that such summary suspension is not warranted by the <span class=\"dictionary\">facts<\/span> and circumstances presented. <a id=\"paragraph-199523\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1710.1\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> A <span class=\"dictionary\">final order<\/span> of summary suspension shall include notice that the licensee may request, in writing and within three business days after receiving the <span class=\"dictionary\">Commissioner<\/span>&#8217;s decision, that the <span class=\"dictionary\">Commissioner<\/span> refer the matter to the Secretary of Health and Human Resources for resolution within three business days of the referral. Any determination by the Secretary shall be final and not subject to judicial review. If the <span class=\"dictionary\">final order<\/span> of summary suspension is upheld, it shall take effect immediately, and a copy of the <span class=\"dictionary\">final order<\/span> of summary suspension shall be prominently displayed by the licensee at each public entrance of the facility. Any concurrent <span class=\"dictionary\">revocation<\/span>, denial, or other proceedings shall not be affected by the outcome of any determination by the Secretary. <a id=\"paragraph-199524\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1710.1\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSUMMARY ORDER OF SUSPENSION; ASSISTED LIVING FACILITIES AND CHILD WELFARE\nAGENCIES OPERATED BY AN AGENCY OF THE COMMONWEALTH (\u00a7 63.2-1710.1)\n\nWhenever the Commissioner issues a summary order of suspension of the license to\noperate an assisted living facility, group home, or child welfare agency\noperated by an agency of the Commonwealth:\n\n1. Before such summary order of suspension shall take effect, the Commissioner\nshall issue to the assisted living facility, group home, or child welfare agency\na notice of summary order of suspension setting forth (i) the procedures for a\nhearing and right of review as provided in this section and (ii) facts and\nevidence that formed the basis on which the summary order of suspension is\nsought. Such notice shall be served on the licensee or its designee as soon as\npracticable thereafter by personal service or certified mail, return receipt\nrequested, to the address of record of the licensee. The notice shall state the\ntime, date, and location of a hearing to determine whether the suspension is\nappropriate. Such hearing shall be held no later than three business days after\nthe issuance of the notice of the summary order of suspension and shall be\nconvened by the Commissioner or his designee. After such hearing, the\nCommissioner may issue a final order of summary suspension or may find that such\nsummary suspension is not warranted by the facts and circumstances presented.\n\n2. A final order of summary suspension shall include notice that the licensee\nmay request, in writing and within three business days after receiving the\nCommissioner&#8217;s decision, that the Commissioner refer the matter to the\nSecretary of Health and Human Resources for resolution within three business\ndays of the referral. Any determination by the Secretary shall be final and not\nsubject to judicial review. If the final order of summary suspension is upheld,\nit shall take effect immediately, and a copy of the final order of summary\nsuspension shall be prominently displayed by the licensee at each public\nentrance of the facility. Any concurrent revocation, denial, or other\nproceedings shall not be affected by the outcome of any determination by the\nSecretary.\n\nHISTORY: 2018, c. 274; 2019, c. 449.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}