{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1710.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1710.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1710.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1710.html"}],"law_id":68790,"edition_id":1,"section_id":68790,"structure_id":13373,"section_number":"63.2-1710","catch_line":"Appeal from refusal, denial of renewal, or revocation of license","history":"Code 1950, \u00a7\u00a7 63-224.3, 63-250; 1954, c. 259; 1968, c. 578, \u00a7\u00a7 63.1-180, 63.1-213; 1973, c. 227; 1975, c. 539; 1986, c. 615; 1991, c. 532; 1992, c. 356, \u00a7 63.1-194.10; 1993, cc. 957, 993; 1998, c. 850; 2002, c. 747; 2018, c. 274; 2021, Sp. Sess. I, c. 489; 2024, cc. 37, 150.","full_text":"A\n\nWhenever the Commissioner refuses to issue a license or to renew a license or revokes a license for an assisted living facility, adult day center, or child welfare agency operated by an agency of the Commonwealth, the provisions of § 63.2-1710.2 shall apply. Whenever the Commissioner refuses to issue a license or to renew a license or revokes a license for an assisted living facility, adult day center, or child welfare agency other than an assisted living facility, adult day center, or child welfare agency operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall apply, except that all appeals from notice of the Commissioner’s intent to refuse to issue or renew, or revoke a license shall be received in writing from the assisted living facility, adult day center or child welfare agency operator within 15 days of the date of receipt of the notice. Judicial review of a final review agency decision shall be in accordance with the provisions of the Administrative Process Act. No stay may be granted upon appeal to the Court of Appeals.B\n\nIn every appeal to a court of record, the Commissioner shall be named defendant.C\n\nAn appeal, taken as provided in this section, shall operate to stay any criminal prosecution for operation without a license.D\n\nWhen issuance or renewal of a license as an assisted living facility or adult day center has been refused by the Commissioner, the applicant shall not thereafter for a period of one year apply again for such license unless the Commissioner in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application. When an appeal is taken by the applicant pursuant to subsection A, the one-year period shall be extended until a final decision has been rendered on appeal.E\n\nWhen issuance or renewal of a license for a child welfare agency has been refused by the Commissioner, the applicant shall not thereafter for a period of six months apply again for such license unless the Commissioner in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application. When an appeal is taken by the applicant pursuant to subsection A, the six-month period shall be extended until a final decision has been rendered on appeal.","order_by":null,"text":{"0":{"id":249007,"text":"Whenever the Commissioner refuses to issue a license or to renew a license or revokes a license for an assisted living facility, adult day center, or child welfare agency operated by an agency of the Commonwealth, the provisions of § 63.2-1710.2 shall apply. Whenever the Commissioner refuses to issue a license or to renew a license or revokes a license for an assisted living facility, adult day center, or child welfare agency other than an assisted living facility, adult day center, or child welfare agency operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall apply, except that all appeals from notice of the Commissioner’s intent to refuse to issue or renew, or revoke a license shall be received in writing from the assisted living facility, adult day center or child welfare agency operator within 15 days of the date of receipt of the notice. Judicial review of a final review agency decision shall be in accordance with the provisions of the Administrative Process Act. No stay may be granted upon appeal to the Court of Appeals.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":249008,"text":"In every appeal to a court of record, the Commissioner shall be named defendant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":249009,"text":"An appeal, taken as provided in this section, shall operate to stay any criminal prosecution for operation without a license.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":249010,"text":"When issuance or renewal of a license as an assisted living facility or adult day center has been refused by the Commissioner, the applicant shall not thereafter for a period of one year apply again for such license unless the Commissioner in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application. When an appeal is taken by the applicant pursuant to subsection A, the one-year period shall be extended until a final decision has been rendered on appeal.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":249011,"text":"When issuance or renewal of a license for a child welfare agency has been refused by the Commissioner, the applicant shall not thereafter for a period of six months apply again for such license unless the Commissioner in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application. When an appeal is taken by the applicant pursuant to subsection A, the six-month period shall be extended until a final decision has been rendered on appeal.","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":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},"next_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","url":"\/63.2-1710.1\/","token":"63.2\/IV\/17\/1\/63.2-1710.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1710\/","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 1954, chapter 259; in 1968, chapter 578; in 1973, chapter 227; in 1975, chapter 539; in 1986, chapter 615; in 1991, chapter 532; in 1992, chapter 356; in 1993, chapters 957 and 993; in 1998, chapter 850<\/a>; in 2002, chapter 747<\/a>; in 2018, chapter 274<\/a>; in 2024, chapters 37<\/a> and 150<\/a>.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"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\/"}],"permalink":{"id":272217,"object_type":"law","relational_id":68790,"identifier":"63.2-1710","token":"63.2\/IV\/17\/1\/63.2-1710","url":"\/63.2-1710\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1710\/","token":"63.2\/IV\/17\/1\/63.2-1710","dublin_core":{"Title":"Appeal from refusal, denial of renewal, or revocation of license","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1710","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever the Commissioner<\/span> refuses to issue<\/span> a license or to renew a license or revokes a license for an assisted living facility<\/span>, adult day center<\/span>, or child<\/span> welfare agency operated by an agency of the Commonwealth, the provisions of § 63.2-1710.2<\/a> shall apply. Whenever the Commissioner<\/span> refuses to issue<\/span> a license or to renew a license or revokes a license for an assisted living facility<\/span>, adult day center<\/span>, or child<\/span> welfare agency other than an assisted living facility<\/span>, adult day center<\/span>, or child<\/span> welfare agency operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) shall apply, except that all appeals<\/span> from notice of the Commissioner<\/span>’s intent<\/span> to refuse to issue<\/span> or renew, or revoke a license shall be received in writing from the assisted living facility<\/span>, adult day center<\/span> or child<\/span> welfare agency operator within 15 days of the date of receipt of the notice. Judicial review of a final review agency decision shall be in accordance with the provisions of the Administrative Process Act. No stay<\/span> may be granted upon appeal<\/span> to the Court<\/span> of Appeals<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In every appeal<\/span> to a court<\/span> of record, the Commissioner<\/span> shall be named defendant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An appeal<\/span>, taken as provided in this section, shall operate to stay<\/span> any criminal prosecution<\/span> for operation without a license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When issuance or renewal of a license as an assisted living facility<\/span> or adult day center<\/span> has been refused by the Commissioner<\/span>, the applicant shall not thereafter for a period of one year apply again for such license unless the Commissioner<\/span> in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application. When an appeal<\/span> is taken by the applicant pursuant to subsection A, the one-year period shall be extended until a final decision has been rendered on appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> When issuance or renewal of a license for a child<\/span> welfare agency has been refused by the Commissioner<\/span>, the applicant shall not thereafter for a period of six months apply again for such license unless the Commissioner<\/span> in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application. When an appeal<\/span> is taken by the applicant pursuant to subsection A, the six-month period shall be extended until a final decision has been rendered on appeal<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL FROM REFUSAL, DENIAL OF RENEWAL, OR REVOCATION OF LICENSE (\u00a7 63.2-1710)\n\nA. Whenever the Commissioner refuses to issue a license or to renew a license or\nrevokes a license for an assisted living facility, adult day center, or child\nwelfare agency operated by an agency of the Commonwealth, the provisions of\n§ 63.2-1710.2 shall apply. Whenever the Commissioner refuses to issue a\nlicense or to renew a license or revokes a license for an assisted living\nfacility, adult day center, or child welfare agency other than an assisted\nliving facility, adult day center, or child welfare agency operated by an agency\nof the Commonwealth, the provisions of the Administrative Process Act (§\n2.2-4000 et seq.) shall apply, except that all appeals from notice of the\nCommissioner’s intent to refuse to issue or renew, or revoke a license\nshall be received in writing from the assisted living facility, adult day center\nor child welfare agency operator within 15 days of the date of receipt of the\nnotice. Judicial review of a final review agency decision shall be in accordance\nwith the provisions of the Administrative Process Act. No stay may be granted\nupon appeal to the Court of Appeals.\n\nB. In every appeal to a court of record, the Commissioner shall be named\ndefendant.\n\nC. An appeal, taken as provided in this section, shall operate to stay any\ncriminal prosecution for operation without a license.\n\nD. When issuance or renewal of a license as an assisted living facility or adult\nday center has been refused by the Commissioner, the applicant shall not\nthereafter for a period of one year apply again for such license unless the\nCommissioner in his sole discretion believes that there has been such a change\nin the conditions on account of which he refused the prior application as to\njustify considering the new application. When an appeal is taken by the\napplicant pursuant to subsection A, the one-year period shall be extended until\na final decision has been rendered on appeal.\n\nE. When issuance or renewal of a license for a child welfare agency has been\nrefused by the Commissioner, the applicant shall not thereafter for a period of\nsix months apply again for such license unless the Commissioner in his sole\ndiscretion believes that there has been such a change in the conditions on\naccount of which he refused the prior application as to justify considering the\nnew application. When an appeal is taken by the applicant pursuant to subsection\nA, the six-month period shall be extended until a final decision has been\nrendered on appeal.\n\nHISTORY: Code 1950, \u00a7\u00a7 63-224.3, 63-250; 1954, c. 259; 1968, c. 578, \u00a7\u00a7\n63.1-180, 63.1-213; 1973, c. 227; 1975, c. 539; 1986, c. 615; 1991, c. 532;\n1992, c. 356, \u00a7 63.1-194.10; 1993, cc. 957, 993; 1998, c. 850; 2002, c. 747;\n2018, c. 274; 2021, Sp. Sess. I, c. 489; 2024, cc. 37, 150.","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}}