                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) SUMMARY SUSPENSION; PRIVATELY OPERATED CENTERS (§
32.1-162.15:1.21)

A. Pursuant to the procedures set forth in this section and in addition to the
authority for other disciplinary actions provided in this title, the
Commissioner may issue a notice of summary suspension of the license of any
Center in conjunction with any proceeding for revocation, denial, or other
action when conditions or practices exist in the Center that pose an immediate
and substantial threat to the health, safety, and welfare of the children
receiving care and the Commissioner believes the operation of the Center should
be suspended during the pendency of such proceeding.

B. A notice of summary suspension issued by the Commissioner to a Center shall
set forth (i) the summary suspension procedures; (ii) hearing and appeal rights
as provided in this section; (iii) facts and evidence that formed the basis for
the summary suspension; and (iv) the time, date, and location of a hearing to
determine whether the summary suspension is appropriate. Such notice shall be
served on the Center or its designee as soon as practicable thereafter by
personal service or certified mail, return receipt requested, to the address of
record of the Center.

C. The summary suspension hearing shall be presided over by a hearing officer
selected by the Commissioner from a list prepared by the Executive Secretary of
the Supreme Court of Virginia and shall be held as soon as practicable, but in
no event later than 15 business days following service of the notice of summary
suspension; however, the hearing officer may grant a written request for a
continuance, not to exceed an additional 10 business days, for good cause shown.
Within 10 business days after such hearing, the hearing officer shall provide to
the Commissioner written findings and conclusions, together with a
recommendation as to whether the license should be summarily suspended.

D. Within 10 business days of the receipt of the hearing officer&#8217;s
findings, conclusions, and recommendation, the Commissioner may issue a final
order of summary suspension or an order that such summary suspension is not
warranted by the facts and circumstances presented. The Commissioner shall adopt
the hearing officer&#8217;s recommended decision unless to do so would be an
error of law or Department policy. If the Commissioner rejects the hearing
officer&#8217;s findings, conclusions, or recommendation, the Commissioner shall
state with particularity the basis for rejection. In issuing a final order of
summary suspension, the Commissioner may choose to suspend the license of the
Center or to suspend only certain authority of the Center to operate, including
the authority to provide certain services or perform certain functions that the
Commissioner determines should be restricted or modified in order to protect the
health, safety, or welfare of the children receiving care. A final order of
summary suspension shall include notice that the licensee may appeal the
Commissioner&#8217;s decision to the appropriate circuit court no later than 10
business days following service of the order. The sole issue before the court
shall be whether the Commissioner 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.

E. A copy of any final order of summary suspension shall be prominently
displayed by the Center at each public entrance of the facility, or in lieu
thereof, the Center may display a written statement summarizing the terms of the
order in a prominent location, printed in a clear and legible size and typeface,
and identifying the location within the facility where the final order of
summary suspension may be reviewed.

F. The provisions of this subsection shall not apply to any Center operated by
an agency of the Commonwealth, which shall instead be governed by the provisions
of &#xA7; 32.1-162.15:1.22.

HISTORY: 2025, c. 451.