                                 CODE OF VIRGINIA

ENFORCEMENT AND SANCTIONS; SPECIAL ORDERS; CIVIL PENALTIES (§ 63.2-1709.2)

A. Notwithstanding any other provision of law, following a proceeding as
provided in &#xA7; 2.2-4019, the Commissioner may issue a special order (i) for
violation of any of the provisions of this subtitle, &#xA7; 54.1-3408, or any
regulation adopted under any provision of this subtitle which violation
adversely affects, or is an imminent and substantial threat to, the health,
safety, or welfare of the person cared for therein, or (ii) for permitting,
aiding, or abetting the commission of any illegal act in an assisted living
facility, adult day center, or child welfare agency. Notice of the
Commissioner&#8217;s intent to take any of the actions enumerated in
subdivisions B 1 through B 7 shall be provided by the Department and a copy of
such notice shall be posted in a prominent place at each public entrance of the
licensed premises to advise consumers of serious or persistent violations. The
issuance of a special order shall be considered a case decision as defined in
&#xA7; 2.2-4001. Actions set forth in subsection B may be appealed by (a) an
assisted living facility, adult day center, or child welfare agency operated by
an agency of the Commonwealth in accordance with &#xA7; 63.2-1710.2 or (b) any
other assisted living facility, adult day center, or child welfare agency in
accordance with the Administrative Process Act (&#xA7; 2.2-4000 et seq.). The
Commissioner shall not delegate his authority to impose civil penalties in
conjunction with the issuance of special orders.

B. The Commissioner may take the following actions regarding assisted living
facilities, adult day centers, and child welfare agencies through the issuance
of a special order and may require a copy of the special order provided by the
Department to be posted in a prominent place at each public entrance of the
licensed premises to advise consumers of serious or persistent violations:

   1. Place a licensee on probation upon finding that the licensee is
   substantially out of compliance with the terms of its license and that the
   health and safety of residents, participants, or children are at risk;

   2. Reduce licensed capacity or prohibit new admissions when the Commissioner
   concludes that the licensee cannot make necessary corrections to achieve
   compliance with regulations except by a temporary restriction of its scope of
   service;

   3. Mandate training for the licensee or licensee&#8217;s employees, with any
   costs to be borne by the licensee, when the Commissioner concludes that the
   lack of such training has led directly to violations of regulations;

   4. Assess civil penalties for each day the assisted living facility is or was
   out of compliance with the terms of its license and the health, safety, and
   welfare of residents are at risk, which shall be paid into the state treasury
   and credited to the Assisted Living Facility Education, Training, and
   Technical Assistance Fund created pursuant to &#xA7; 63.2-1803.1; however, no
   civil penalty shall be imposed pursuant to this subdivision on any assisted
   living facility operated by an agency of the Commonwealth. The aggregate
   amount of such civil penalties shall not exceed $10,000 for assisted living
   facilities in any 12-month period. Criteria for imposition of civil penalties
   and amounts, expressed in ranges, shall be developed by the Board, and shall
   be based upon the severity, pervasiveness, duration, and degree of risk to the
   health, safety, or welfare of residents. Such civil penalties shall be applied
   by the Commissioner in a consistent manner. Such criteria shall also provide
   that (i) the Commissioner may accept a plan of correction, including a
   schedule of compliance, from an assisted living facility prior to setting a
   civil penalty, and (ii) the Commissioner may reduce or abate the penalty
   amount if the facility complies with the plan of correction within its terms.
   				A single act, omission, or incident shall not give rise to imposition of
   multiple civil penalties even though such act, omission, or incident may
   violate more than one statute or regulation. A civil penalty that is not
   appealed becomes due on the first day after the appeal period expires. The
   license of an assisted living facility that has failed to pay a civil penalty
   due under this section shall not be renewed until the civil penalty has been
   paid in full, with interest, provided that the Commissioner may renew a
   license when an unpaid civil penalty is the subject of a pending appeal;

   5. Assess civil penalties of not more than $500 per inspection upon finding
   that the adult day center or child welfare agency is substantially out of
   compliance with the terms of its license and the health and safety of
   residents, participants, or children are at risk; however, no civil penalty
   shall be imposed pursuant to this subdivision on any adult day center or child
   welfare agency operated by an agency of the Commonwealth;

   6. Require licensees to contact parents, guardians, or other responsible
   persons in writing regarding health and safety violations; and

   7. Prevent licensees who are substantially out of compliance with the
   licensure terms or in violation of the regulations from receiving public
   funds.

C. The Board shall adopt regulations to implement the provisions of this
section.

HISTORY: 2005, cc. 610, 924; 2017, cc. 138, 283; 2018, c. 274; 2024, cc. 37,
150.