37.2-419.1 - Summary suspension of adult facility licenses under certain circumstances; due process; penalty. - Virginia Statutes

§ 37.2-419.1. Summary suspension of adult facility licenses under certaincircumstances; due process; penalty.

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

B. 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 Commissioner or his designee.

After such hearing, the Commissioner may issue a final order of summarysuspension or may find that such summary suspension is not warranted by thefacts and circumstances presented. A final order of summary suspension shallinclude notice that the licensee may appeal the Commissioner's decision tothe appropriate circuit court no later than 10 days following issuance of theorder. The sole issue before the court shall be whether the Commissioner hadreasonable 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 Commissioner may require the cooperation of anyother agency or subdivision of the Commonwealth in the relocation of adultswho are residents of a home or facility whose license has been summarilysuspended pursuant to this section and in any other actions necessary toreduce the risk of further harm to such residents.

(2006, c. 168.)