12 Va. Admin. Code § 35-46-140 - Summary suspension
A. In
conjunction with any proceeding for revocation, denial, or other action, when
conditions or practices exist that pose an immediate and substantial threat to
the health, safety, and welfare of the residents, the commissioner may issue an
order of summary suspension of the license to operate a children's residential
facility when he believes the operation of the facility should be suspended
during the pendency of such proceeding.
B. Prior to the issuance of an order of
summary suspension, the department shall contact the Executive Secretary of the
Supreme Court of Virginia to obtain the name of a hearing officer. The
department shall schedule the time, date, and location of the administrative
hearing with the hearing officer.
C. The order of summary suspension shall take
effect upon its issuance. It shall be delivered by personal service and
certified mail, return receipt requested, to the address of record of the
facility as soon as practicable. The order shall set forth:
1. The time, date, and location of the
hearing;
2. The procedures for the
hearing;
3. The hearing and appeal
rights; and
4. Facts and evidence
that formed the basis for the order of summary suspension.
D. The hearing shall take place within three
business days of the issuance of the order of summary suspension.
E. The department shall have the burden of
proving in any summary suspension hearing that it had reasonable grounds to
require the facility to cease operations during the pendency of the concurrent
revocation, denial, or other proceeding.
F. The administrative hearing officer shall
provide written findings and conclusions, together with a recommendation as to
whether the license should be summarily suspended, to the commissioner within
five business days of the hearing.
G. The commissioner shall issue a final order
of summary suspension or make a determination that the summary suspension is
not warranted based on the facts presented and the recommendation of the
hearing officer within seven business days of receiving the recommendation of
the hearing officer.
H. The
commissioner shall issue and serve on the children's residential facility or
its designee by personal service or by certified mail, return receipt
requested, either:
1. A final order of
summary suspension including (i) the basis for accepting or rejecting the
hearing officer's recommendations and (ii) notice that the children's
residential facility may appeal the commissioner's decision to the appropriate
circuit court no later than 10 days following issuance of the order;
or
2. Notification that the summary
suspension is not warranted by the facts and circumstances presented and that
the order of summary suspension is rescinded.
I. The facility may appeal the commissioner's
decision on the summary suspension to the appropriate circuit court no more
than 10 days after issuance of the final order.
J. The outcome of concurrent revocation,
denial, and other proceedings shall not be affected by the outcome of any
hearing pertaining to the appropriateness of the order of summary
suspension.
K. At the time of the
issuance of the order of summary suspension, the department shall contact the
appropriate agencies to inform them of the action and the need to develop
relocation plans for residents, and ensure that parents and guardians are
informed of the pending action.
Notes
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of Virginia.
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