                                 CODE OF VIRGINIA

DENIAL, REVOCATION OR SUSPENSION OF LICENSE; GROUNDS; SUMMARY SUSPENSION UNDER
CERTAIN CIRCUMSTANCES; PENALTY (§ 22.1-329)

A. The Board may refuse to issue or renew a license or may revoke or suspend the
license of any school issued pursuant to this chapter for the following causes:

   1. Violation of any provision of this chapter or any regulation of the Board;

   2. Furnishing false, misleading or incomplete information to the Board or
   Department or failure to furnish any information requested by the Board or
   Department;

   3. Violation of any commitment made in an application for a license;

   4. Presenting, either by the school or by any agent of the school, to
   prospective students information relating to the school which is false,
   misleading or fraudulent;

   5. Failing to provide or maintain premises or equipment in a safe and sanitary
   condition as required by law;

   6. Making any false promises through agents or by advertising or otherwise of
   a character likely to influence, persuade or induce enrollments;

   7. Paying commission or valuable consideration to any person for any act of
   service performed in willful violation of this chapter;

   8. Failing to maintain financial resources adequate for the satisfactory
   conduct of courses of instruction offered or to retain a sufficient or
   qualified instructional staff;

   9. Demonstrating unworthiness or incompetency to conduct the school in a
   manner calculated to safeguard the interests of the public;

   10. Failing within a reasonable time to provide information requested by the
   Board or Department as a result of a formal or informal complaint to or by the
   Board or Department which would indicate a violation of this chapter;

   11. Attempting to use or employ any enrolled students in any commercial
   activity whereby the school receives any compensation whatsoever without
   reasonable remuneration to the student, except to the extent that employment
   of students in such activities is necessary or essential to their training and
   is permitted and authorized by the Board; or

   12. Engaging in or authorizing any other conduct whether of the same or of a
   different character from that herein specified which constitutes fraudulent or
   dishonest dealings.
   				The provisions of the Administrative Process Act (&#xA7; 2.2-4000 et seq.)
   shall be applicable to proceedings under this subsection.

B. Pursuant to the procedures set forth in subsection C and in addition to the
authority for other disciplinary actions provided in this chapter, the
Superintendent of Public Instruction may issue a summary order of suspension of
the license of a residential or day school for students with disabilities, in
conjunction with any proceeding for revocation, denial, or other action, when
conditions or practices exist in the school that pose an immediate and
substantial threat to the health, safety, and welfare of the students who are
residing or attending the school and the Superintendent of Public Instruction
believes the operation of the school should be suspended during the pendency of
such proceeding.

C. The summary order of suspension shall take effect upon its issuance and shall
be served on the licensee or its designee as soon as practicable thereafter by
personal service and certified mail, return receipt requested, to the address of
record of the licensee. The order 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 summary
order of suspension and shall be convened by the Superintendent of Public
Instruction or his designee.
			After such hearing, the Superintendent of Public Instruction may issue a
final order of summary suspension or may find that such summary suspension is
not warranted by the facts and circumstances presented. A final order of summary
suspension shall include notice that the licensee may appeal the Superintendent
of Public Instruction&#8217;s decision to the appropriate circuit court no later
than 10 days following issuance of the order. The sole issue before the court
shall be whether the Superintendent of Public Instruction had reasonable grounds
to require the licensee to cease operations during the pendency of the
concurrent revocation, denial, or other proceeding. The concurrent revocation,
denial, or other proceeding shall not be affected by the outcome of any hearing
on the appropriateness of the summary suspension.
			The willful and material failure to comply with the summary order of
suspension or final order of summary suspension shall be punishable as a Class 2
misdemeanor. The Superintendent of Public Instruction may require the
cooperation of any other agency or subdivision of the Commonwealth in the
relocation of students who are residents of a home or facility whose license has
been summarily suspended pursuant to this section and in any other actions
necessary to reduce the risk of further harm to students.

HISTORY: Code 1950, § 22-330.27; 1970, c. 665; 1977, c. 444; 1980, c. 559;
1988, c. 574; 1996, cc. 691, 832; 2004, c. 991; 2006, c. 168.