                                 CODE OF VIRGINIA

APPEAL TO COMMISSIONER REGARDING HOME-BASED AND ADULT FOSTER CARE SERVICES (§
51.5-147)

Any applicant for or recipient of home-based and adult foster care services
aggrieved by any decision of a local board in granting, denying, changing, or
discontinuing services may, within 30 days after receiving written notice of
such decision, appeal therefrom to the Commissioner. Any applicant or recipient
aggrieved by the failure of the local board to make a decision within a
reasonable time may ask for review by the Commissioner. The Commissioner may
delegate the duty and authority to duly qualified hearing officers to consider
and make determinations on any appeal or review. The Commissioner shall provide
an opportunity for a hearing, reasonable notice of which shall be given in
writing to the applicant or recipient and to the proper local board in such
manner and form as the Commissioner may prescribe. The Commissioner may make or
cause to be made an investigation of the facts. The Commissioner shall give fair
and impartial consideration to the testimony of witnesses, or other evidence
produced at the hearing, reports of investigation of the local board and local
director or of investigations made or caused to be made by the Commissioner, or
any facts which the Commissioner may deem proper to enable him to decide fairly
the appeal or review. The decision of the Commissioner shall be binding and
considered a final agency action for purposes of judicial review of such action
pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et
seq.).

HISTORY: 2012, cc. 803, 835.