                                 CODE OF VIRGINIA

SUMMARY SUSPENSION IN EMERGENCY CIRCUMSTANCES; GROUNDS; NOTICE AND HEARING (§
4.1-225.1)

A. Notwithstanding any provisions to the contrary in Article 3 (&#xA7; 2.2-4018
et seq.) of the Administrative Process Act or &#xA7; 4.1-227 or 4.1-229, the
Board may summarily suspend any license or permit if it has reasonable cause to
believe that an act of violence resulting in death or serious bodily injury, or
a recurrence of such acts, has occurred on (i) the licensed premises, (ii) any
premises immediately adjacent to the licensed premises that is owned or leased
by the licensee, or (iii) any portion of public property immediately adjacent to
the licensed premises, and the Board finds that there exists a continuing threat
to public safety and that summary suspension of the license or permit is
justified to protect the health, safety, or welfare of the public.

B. Prior to issuing an order of suspension pursuant to this section, special
agents of the Board shall conduct an initial investigation and submit all
findings to the Secretary of the Board within 48 hours of any such act of
violence; however, if the 48-hour period terminates on a Saturday, Sunday, or
legal holiday, the initial investigation findings may be submitted to the
Secretary of the Board any time prior to the close of business on the next day
that is not a Saturday, Sunday, or legal holiday. If the Board determines
suspension is warranted, it shall immediately notify the licensee of its
intention to temporarily suspend his license pending the outcome of a formal
investigation. Such temporary suspension shall remain effective for a minimum of
48 hours. After the 48-hour period, the licensee may petition the Board for a
restricted license pending the results of the formal investigation and
proceedings for disciplinary review. If the Board determines that a restricted
license is warranted, the Board shall have discretion to impose appropriate
restrictions based on the facts presented.

C. Upon a determination to temporarily suspend a license, the Board shall
immediately commence a formal investigation. The formal investigation shall be
completed within 10 days of its commencement and the findings reported
immediately to the Secretary of the Board. If, following the formal
investigation, the Secretary of the Board determines that suspension of the
license is warranted, a hearing shall be held within five days of the completion
of the formal investigation. A decision shall be rendered within 10 days of
conclusion of the hearing. If a decision is not rendered within 10 days of the
conclusion of the hearing, the order of suspension shall be vacated and the
license reinstated. Any appeal by the licensee shall be filed within 10 days of
the decision and heard by the Board within 20 days of the decision. The Board
shall render a decision on the appeal within 10 days of the conclusion of the
appeal hearing.

D. Service of any order of suspension issued pursuant to this section shall be
made by a special agent of the Board in person and by certified mail to the
licensee. The order of suspension shall take effect immediately upon service.

E. This section shall not apply to (i) temporary licenses granted under &#xA7;
4.1-211 or temporary permits granted under &#xA7; 4.1-212, either of which may
be revoked summarily in accordance with &#xA7; 4.1-211, or (ii) licenses granted
pursuant to subdivision 7 or 8 of &#xA7; 4.1-206.1 or subdivision 1 or 3 of
&#xA7; 4.1-206.2.

HISTORY: 2016, c. 42; 2020, cc. 1113, 1114; 2023, c. 597; 2024, c. 256.