                                 CODE OF VIRGINIA

SUMMARY ORDER OF SUSPENSION; ASSISTED LIVING FACILITIES AND CHILD WELFARE
AGENCIES OPERATED BY AN AGENCY OF THE COMMONWEALTH (§ 63.2-1710.1)

Whenever the Commissioner issues a summary order of suspension of the license to
operate an assisted living facility, group home, or child welfare agency
operated by an agency of the Commonwealth:

1. Before such summary order of suspension shall take effect, the Commissioner
shall issue to the assisted living facility, group home, or child welfare agency
a notice of summary order of suspension setting forth (i) the procedures for a
hearing and right of review as provided in this section and (ii) facts and
evidence that formed the basis on which the summary order of suspension is
sought. Such notice shall be served on the licensee or its designee as soon as
practicable thereafter by personal service or certified mail, return receipt
requested, to the address of record of the licensee. The notice 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 notice of the summary order of suspension and shall be
convened by the Commissioner or his designee. After such hearing, the
Commissioner may issue a final order of summary suspension or may find that such
summary suspension is not warranted by the facts and circumstances presented.

2. A final order of summary suspension shall include notice that the licensee
may request, in writing and within three business days after receiving the
Commissioner&#8217;s decision, that the Commissioner refer the matter to the
Secretary of Health and Human Resources for resolution within three business
days of the referral. Any determination by the Secretary shall be final and not
subject to judicial review. If the final order of summary suspension is upheld,
it shall take effect immediately, and a copy of the final order of summary
suspension shall be prominently displayed by the licensee at each public
entrance of the facility. Any concurrent revocation, denial, or other
proceedings shall not be affected by the outcome of any determination by the
Secretary.

HISTORY: 2018, c. 274; 2019, c. 449.