63.2-1602.1 - Appeal to Commissioner regarding home-based and adult foster care services. - Virginia Statutes

§ 63.2-1602.1. Appeal to Commissioner regarding home-based and adult fostercare services.

Any applicant for or recipient of home-based and adult foster care servicesaggrieved by any decision of a local board in granting, denying, changing ordiscontinuing services, may, within 30 days after receiving written notice ofsuch decision, appeal therefrom to the Commissioner. Any applicant orrecipient aggrieved by the failure of the local board to make a decisionwithin a reasonable time may ask for review by the Commissioner. TheCommissioner may delegate the duty and authority to duly qualified hearingofficers to consider and make determinations on any appeal or review. TheCommissioner shall provide an opportunity for a hearing, reasonable notice ofwhich shall be given in writing to the applicant or recipient and to theproper 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 the testimonyof witnesses, or other evidence produced at the hearing, reports ofinvestigation of the local board and local director or of investigations madeor caused to be made by the Commissioner, or any facts which the Commissionermay deem proper to enable him to decide fairly the appeal or review. Thedecision of the Commissioner shall be binding and considered a final agencyaction for purposes of judicial review of such action pursuant to theprovisions of the Administrative Process Act (§ 2.2-4000 et seq.).

(2003, c. 467.)