                                 CODE OF VIRGINIA

RIGHT TO APPEAL NOTICE OF INTENT; ASSISTED LIVING FACILITIES, ADULT DAY CENTERS,
AND CHILD WELFARE AGENCIES OPERATED BY AGENCIES OF THE COMMONWEALTH (§
63.2-1710.2)

An assisted living facility, adult day center, or child welfare agency operated
by an agency of the Commonwealth shall have the right to appeal any notice of
intent as follows:

1. Within 30 days after receiving a notice of intent to impose a sanction, the
licensee shall request in writing that the Commissioner review the intended
agency action and may submit, together with such request, relevant information,
documentation, or other pertinent data supporting its appeal. The Commissioner
shall issue a decision within 60 days after receiving the request and shall have
the authority to uphold the sanction or take whatever action he deems
appropriate to resolve the controversy.

2. If the assisted living facility, adult day center, or child welfare agency
disputes the Commissioner&#8217;s decision, the licensee shall request, within
30 days of receiving the Commissioner&#8217;s decision, that the Commissioner
refer the matter to the Secretary of Health and Human Resources. The Secretary
shall issue a decision within 60 days of receiving the request for review. The
Secretary&#8217;s decision shall be final and shall not be subject to review.

HISTORY: 2018, c. 274; 2024, cc. 37, 150.