                                 CODE OF VIRGINIA

APPEALS TO COMMISSIONER (§ 63.2-915)

A. The following individuals shall have the right to file an appeal with the
Commissioner: (i) pursuant to &#xA7; 63.2-900.1, any individual whose request to
become a kinship foster parent or (ii) pursuant to 42 U.S.C. &#xA7; 671(a)(12),
any individual whose claim for benefits available pursuant to 42 U.S.C. &#xA7;
670 et seq. or whose claim for benefits pursuant to &#xA7; 63.2-905 is denied or
is not acted upon by the local department with reasonable promptness.

B. 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 testimony
of witnesses, or other evidence produced at the hearing, reports by the local
board and local director or of investigations made or caused to be made by the
Commissioner, or any facts that 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 (&#xA7;
2.2-4000 et seq.).

C. The Commissioner may delegate the duty and authority to consider and make
determinations on any appeal filed in accordance with this section to duly
qualified officers.

D. The Board shall promulgate regulations to implement the provisions of this
section. Such regulations shall require that upon receiving a request for an
appeal regarding kinship foster care, (i) a hearing be conducted as soon as
practicable and (ii) a decision be rendered within no more than 90 days.

HISTORY: 2013, c. 437; 2022, cc. 561, 562.