                                 CODE OF VIRGINIA

APPEAL FROM REFUSAL, DENIAL OF RENEWAL, OR REVOCATION OF LICENSE (§
22.1-289.024)

A. Whenever the Superintendent refuses to issue a license or to renew a license
or revokes a license for a child day program or family day system operated by an
agency of the Commonwealth, the provisions of &#xA7; 22.1-289.025 shall apply.
Whenever the Superintendent refuses to issue a license or to renew a license or
revokes a license for any child day program or family day system other than a
child day program or family day system operated by an agency of the
Commonwealth, the provisions of the Administrative Process Act (&#xA7; 2.2-4000
et seq.) shall apply, except that all appeals from notice of the
Superintendent&#8217;s intent to refuse to issue or renew, or revoke a license
shall be received in writing from the child day program or family day system
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 Supreme
Court or the Court of Appeals.

B. In every appeal to a court of record, the Superintendent shall be named
defendant.

C. An appeal, taken as provided in this section, shall operate to stay any
criminal prosecution for operation without a license.

D. When issuance or renewal of a license for a child day program or family day
system has been refused by the Superintendent, the applicant shall not
thereafter for a period of six months apply again for such license unless the
Superintendent 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.

HISTORY: 2020, cc. 860, 861; 2021, Sp. Sess. I, c. 489.