CODE OF VIRGINIA

SUMMARY SUSPENSION OF ADULT FACILITY LICENSES UNDER CERTAIN CIRCUMSTANCES; DUE
PROCESS; PENALTY (§ 37.2-419.1)

A. Pursuant to the procedures set forth in subsection B and in addition to the
authority for other disciplinary actions provided in this chapter, the
Commissioner may issue a summary order of suspension of the license of any group
home or residential facility for adults, in conjunction with any proceeding for
revocation, denial, or other action, when conditions or practices exist in the
home or facility that pose an immediate and substantial threat to the health,
safety, and welfare of the adults who are residents and the Commissioner
believes the operation of the home or facility should be suspended during the
pendency of such proceeding.

B. The summary order of suspension shall take effect upon its issuance and shall
be served on the licensee or its designee as soon as practicable thereafter by
personal service and certified mail, return receipt requested, to the address of
record of the licensee. The order 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 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. A final order of summary suspension shall
include notice that the licensee may appeal the Commissioner’s decision to
the appropriate circuit court no later than 10 days following issuance of the
order. The sole issue before the court shall be whether the Commissioner had
reasonable grounds to require the licensee to cease operations during the
pendency of the concurrent revocation, denial, or other proceeding. The
concurrent revocation, denial, or other proceeding shall not be affected by the
outcome of any hearing on the appropriateness of the summary suspension.The
willful and material failure to comply with the summary order of suspension or
final order of summary suspension shall be punishable as a Class 2 misdemeanor.
The Commissioner may require the cooperation of any other agency or subdivision
of the Commonwealth in the relocation of adults who are residents of a home or
facility whose license has been summarily suspended pursuant to this section and
in any other actions necessary to reduce the risk of further harm to such
residents.

HISTORY: 2006, c. 168.