A. The Commissioner may impose disciplinary action (i) for violation of any of the provisions of this article or any regulation adopted under any provision of this article for which that violation adversely affects, or is an imminent and substantial threat to, the health, safety, or welfare of the person cared for therein or (ii) for permitting, aiding, or abetting the commission of any illegal act in a Center.
B. The disciplinary action that the Commissioner may impose includes:
3. Placing a licensee on probation upon finding that the licensee is substantially out of compliance with the terms of its license and that the health and safety of children are at risk;
4. Reducing licensed capacity or prohibiting new admissions or enrollments when the Commissioner concludes that the licensee cannot make necessary corrections to achieve compliance with regulations except by a temporary restriction of its scope of service;
5. Mandating training for the licensee or licensee’s employees or volunteers, with any costs to be borne by the licensee, when the Commissioner concludes that the lack of such training has led directly to violations of regulations;
6. Assessing monetary penalties of not more than $1,000 per violation per day, not to exceed $100,000 for a series of related incidents of noncompliance, upon finding that the Center is substantially out of compliance with the terms of its license and the health and safety of children are at risk; however, no monetary penalty shall be imposed pursuant to this subdivision on any Center operated by an agency of the Commonwealth;
7. Requiring licensees to contact parents, guardians, or other responsible persons in writing regarding health and safety violations; and
8. Requiring submission of and compliance with plans of corrective action, with or without actions directed by the Commissioner.
C. Any monetary penalties collected under this section shall be paid in equal portions to the Physician Loan Repayment Program established in § 32.1-122.6:1, the Nurse Loan Repayment Program established in § 32.1-122.6:04, and the Nursing Scholarship and Loan Repayment Fund established in § 54.1-3011.2 after deduction of the administrative costs of the Commissioner and the Department in furtherance of this section.
D. Except as provided in § 32.1-162.15:1.21, the Commissioner shall take no action to impose disciplinary action against a Center that is not operated by an agency of the Commonwealth except after reasonable notice and an opportunity to be heard in no fewer than 30 days by the Commissioner’s presiding officer in accordance with § 2.2-4019. Such disciplinary action may be in addition to any penalty imposed by law for the violation.
1. All requests for an opportunity to be heard following a notice of imposition of disciplinary action shall be received in writing within 15 days of the date of receipt of such notice.
2. All administrative proceedings under this section shall be separate from the regulatory office of the Department that conducted the inspection, investigation, examination, or review.
3. The presiding officer shall provide a recommendation to the Commissioner, including findings of fact, conclusions, and appropriate disciplinary action.
4. The Commissioner may affirm, modify, or reverse such recommendation and shall issue a final case decision.
E. Whenever the Commissioner refuses to issue a license or to renew a license or revokes a license for a Center other than a Center operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall apply.
F. Except as provided in § 32.1-162.15:1.22, the Commissioner shall take no action to impose disciplinary action against a Center operated by an agency of the Commonwealth except after reasonable notice and an opportunity to be heard in accordance with § 32.1-162.15:1.23.
G. An appeal, taken as provided in this section, shall operate to stay any criminal prosecution for operation without a license.
H. A monetary penalty that is not appealed becomes due on the first day after the appeal period expires. The license of a Center that has failed to pay a civil penalty due under this section shall not be renewed until the civil penalty has been paid in full, with interest, provided that the Commissioner may renew a license when an unpaid monetary penalty is the subject of a pending appeal.
I. If a license is revoked or refused renewal, a new license may be issued by the Commissioner after:
1. Satisfactory evidence is submitted to him that the conditions upon which the revocation or refusal was based have been corrected; and
2. Proper inspection has been made and compliance with all provisions of this article, regulations promulgated pursuant to this article, and applicable state and federal law and regulations hereunder has been obtained.
J. The Board shall promulgate regulations to implement the provisions of this section that include:
1. Criteria for when the imposition of disciplinary action or initiation of court proceedings as specified in § 32.1-27, or a combination thereof, are appropriate in order to ensure prompt correction of violations involving noncompliance with requirements of any order of the Board or Commissioner or any provision of or regulation promulgated pursuant to this article;
2. Criteria for the imposition of disciplinary action based upon the severity, pervasiveness, duration, and degree of risk to the health, safety, or welfare of children;
3. Provisions allowing the Commissioner (i) to accept a plan of correction, including a schedule of compliance, from a Center prior to assessing a monetary penalty pursuant to subdivision B 6 or (ii) to reduce or abate the monetary penalty amount if the Center complies with the plan of correction within its terms; and
4. Procedures for imposition of disciplinary action consistent with the Administrative Process Act (§ 2.2-4000 et seq.).