                                 CODE OF VIRGINIA

APPEAL FROM REFUSAL, DENIAL OF RENEWAL, OR REVOCATION OF LICENSE (§ 63.2-1710)

A. Whenever the Commissioner refuses to issue a license or to renew a license or
revokes a license for an assisted living facility, adult day center, or child
welfare agency operated by an agency of the Commonwealth, the provisions of
&#xA7; 63.2-1710.2 shall apply. Whenever the Commissioner refuses to issue a
license or to renew a license or revokes a license for an assisted living
facility, adult day center, or child welfare agency other than an assisted
living facility, adult day center, or child welfare agency operated by an agency
of the Commonwealth, the provisions of the Administrative Process Act (&#xA7;
2.2-4000 et seq.) shall apply, except that all appeals from notice of the
Commissioner&#8217;s intent to refuse to issue or renew, or revoke a license
shall be received in writing from the assisted living facility, adult day center
or child welfare agency operator within 15 days of the date of receipt of the
notice. Judicial review of a final review agency decision shall be in accordance
with the provisions of the Administrative Process Act. No stay may be granted
upon appeal to the Court of Appeals.

B. In every appeal to a court of record, the Commissioner shall be named
defendant.

C. An appeal, taken as provided in this section, shall operate to stay any
criminal prosecution for operation without a license.

D. When issuance or renewal of a license as an assisted living facility or adult
day center has been refused by the Commissioner, the applicant shall not
thereafter for a period of one year apply again for such license unless the
Commissioner in his sole discretion believes that there has been such a change
in the conditions on account of which he refused the prior application as to
justify considering the new application. When an appeal is taken by the
applicant pursuant to subsection A, the one-year period shall be extended until
a final decision has been rendered on appeal.

E. When issuance or renewal of a license for a child welfare agency has been
refused by the Commissioner, the applicant shall not thereafter for a period of
six months apply again for such license unless the Commissioner in his sole
discretion believes that there has been such a change in the conditions on
account of which he refused the prior application as to justify considering the
new application. When an appeal is taken by the applicant pursuant to subsection
A, the six-month period shall be extended until a final decision has been
rendered on appeal.

HISTORY: Code 1950, §§ 63-224.3, 63-250; 1954, c. 259; 1968, c. 578, §§
63.1-180, 63.1-213; 1973, c. 227; 1975, c. 539; 1986, c. 615; 1991, c. 532;
1992, c. 356, § 63.1-194.10; 1993, cc. 957, 993; 1998, c. 850; 2002, c. 747;
2018, c. 274; 2021, Sp. Sess. I, c. 489; 2024, cc. 37, 150.