22.1-329 - Denial, revocation or suspension of license; grounds; summary suspension under certain circumstances; penalty. - Virginia Statutes

§ 22.1-329. Denial, revocation or suspension of license; grounds; summarysuspension under certain circumstances; penalty.

A. The Board may refuse to issue or renew a license or may revoke or suspendthe license of any school issued pursuant to this chapter for the followingcauses:

1. Violation of any provision of this chapter or any regulation of the Board;

2. Furnishing false, misleading or incomplete information to the Board orDepartment or failure to furnish any information requested by the Board orDepartment;

3. Violation of any commitment made in an application for a license;

4. Presenting, either by the school or by any agent of the school, toprospective students information relating to the school which is false,misleading or fraudulent;

5. Failing to provide or maintain premises or equipment in a safe andsanitary condition as required by law;

6. Making any false promises through agents or by advertising or otherwise ofa character likely to influence, persuade or induce enrollments;

7. Paying commission or valuable consideration to any person for any act ofservice performed in willful violation of this chapter;

8. Failing to maintain financial resources adequate for the satisfactoryconduct of courses of instruction offered or to retain a sufficient orqualified instructional staff;

9. Demonstrating unworthiness or incompetency to conduct the school in amanner calculated to safeguard the interests of the public;

10. Failing within a reasonable time to provide information requested by theBoard or Department as a result of a formal or informal complaint to or bythe Board or Department which would indicate a violation of this chapter;

11. Attempting to use or employ any enrolled students in any commercialactivity whereby the school receives any compensation whatsoever withoutreasonable remuneration to the student, except to the extent that employmentof students in such activities is necessary or essential to their trainingand is permitted and authorized by the Board; or

12. Engaging in or authorizing any other conduct whether of the same or of adifferent character from that herein specified which constitutes fraudulentor dishonest dealings.

The provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shallbe applicable to proceedings under this subsection.

B. Pursuant to the procedures set forth in subsection C and in addition tothe authority for other disciplinary actions provided in this chapter, theSuperintendent of Public Instruction may issue a summary order of suspensionof the license of a residential or day school for students with disabilities,in conjunction with any proceeding for revocation, denial, or other action,when conditions or practices exist in the school that pose an immediate andsubstantial threat to the health, safety, and welfare of the students who areresiding or attending the school and the Superintendent of Public Instructionbelieves the operation of the school should be suspended during the pendencyof such proceeding.

C. The summary order of suspension shall take effect upon its issuance andshall be served on the licensee or its designee as soon as practicablethereafter 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 isappropriate. Such hearing shall be held no later than three business daysafter the issuance of the summary order of suspension and shall be convenedby the Superintendent of Public Instruction or his designee.

After such hearing, the Superintendent of Public Instruction may issue afinal order of summary suspension or may find that such summary suspension isnot warranted by the facts and circumstances presented. A final order ofsummary suspension shall include notice that the licensee may appeal theSuperintendent of Public Instruction's decision to the appropriate circuitcourt no later than 10 days following issuance of the order. The sole issuebefore the court shall be whether the Superintendent of Public Instructionhad reasonable grounds to require the licensee to cease operations during thependency of the concurrent revocation, denial, or other proceeding. Theconcurrent revocation, denial, or other proceeding shall not be affected bythe outcome of any hearing on the appropriateness of the summary suspension.

The willful and material failure to comply with the summary order ofsuspension or final order of summary suspension shall be punishable as aClass 2 misdemeanor. The Superintendent of Public Instruction may require thecooperation of any other agency or subdivision of the Commonwealth in therelocation of students who are residents of a home or facility whose licensehas been summarily suspended pursuant to this section and in any otheractions necessary to reduce the risk of further harm to students.

(Code 1950, § 22-330.27; 1970, c. 665; 1977, c. 444; 1980, c. 559; 1988, c.574; 1996, cc. 691, 832; 2004, c. 991; 2006, c. 168.)