A. Whenever the Superintendent refuses to issue a license or to renew a license or revokes a license for a child day program or family day system operated by an agency of the Commonwealth, the provisions of § 22.1-289.025 shall apply. Whenever the Superintendent refuses to issue a license or to renew a license or revokes a license for any child day program or family day system other than a child day program or family day system operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall apply, except that all appeals from notice of the Superintendent's intent to refuse to issue or renew, or revoke a license shall be received in writing from the child day program or family day system operator within 15 days of the date of receipt of the notice. Judicial review of a final review agency decision shall be in accordance with the provisions of the Administrative Process Act. No stay may be granted upon appeal to the Supreme Court or the Court of Appeals.
B. In every appeal to a court of record, the Superintendent shall be named defendant.
C. An appeal, taken as provided in this section, shall operate to stay any criminal prosecution for operation without a license.
D. When issuance or renewal of a license for a child day program or family day system has been refused by the Superintendent, the applicant shall not thereafter for a period of six months apply again for such license unless the Superintendent in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application. When an appeal is taken by the applicant pursuant to subsection A, the six-month period shall be extended until a final decision has been rendered on appeal.
2020, cc. 860, 861; 2021, Sp. Sess. I, c. 489.
Structure Code of Virginia
Chapter 14.1 - Early Childhood Care and Education
§ 22.1-289.03. Early childhood care and education system; establishment
§ 22.1-289.04. Early childhood care and education advisory committee
§ 22.1-289.05. Uniform measurement and improvement system; regional entities; establishment
§ 22.1-289.06. Confidential records and information; penalty
§ 22.1-289.07. Information related to shaken baby syndrome
§ 22.1-289.08. Board to investigate child day programs at direction of Governor
§ 22.1-289.08:1. Child Care Subsidy Program Overpayment Fund
§ 22.1-289.09. Programs designed to promote educational opportunities
§ 22.1-289.013. Investigation on receipt of application
§ 22.1-289.016. Unlicensed and unregistered family day homes; notice to parents
§ 22.1-289.017. Compliance with Uniform Statewide Building Code
§ 22.1-289.018. Inspections and interviews
§ 22.1-289.019. Inspections of child day programs and family day systems; prioritization
§ 22.1-289.020. Issuance or refusal of license; notification; provisional and conditional licenses
§ 22.1-289.021. Records and reports
§ 22.1-289.023. Enforcement and sanctions; special orders; civil penalties
§ 22.1-289.026. Injunction against operation without license
§ 22.1-289.027. Offenses; penalty
§ 22.1-289.028. Misleading advertising prohibited
§ 22.1-289.029. Duty of attorneys for the Commonwealth
§ 22.1-289.030. Exemptions from licensure
§ 22.1-289.033. Inspection of unlicensed child care operations; inspection warrant
§ 22.1-289.034. Barrier crime; construction
§ 22.1-289.038. Child day programs and family day systems; criminal conviction and waiver
§ 22.1-289.039. Records check by unlicensed child day center; penalty
§ 22.1-289.043. Confidentiality of complainant's identity
§ 22.1-289.044. Retaliation or discrimination against complainants
§ 22.1-289.045. Retaliation against reports of child abuse or neglect
§ 22.1-289.046. Regulations for child day programs and family day systems
§ 22.1-289.047. Interagency agreements; cooperation of Department with other departments
§ 22.1-289.050. Insurance notice requirements for family day homes; civil penalty
§ 22.1-289.051. Dual licenses for certain child day centers
§ 22.1-289.052. Asbestos inspection required for child day centers
§ 22.1-289.053. Delay in acting on application or in notification
§ 22.1-289.054. Visitation by parents or guardians in child day programs
§ 22.1-289.055. Public funds to be withheld for serious or persistent violations
§ 22.1-289.055:1. Programs offered at certain residential private school
§ 22.1-289.056. Storage of firearms in certain family day homes
§ 22.1-289.057. Child day programs and certain other programs; potable water; lead testing
§ 22.1-289.058. Child day programs and certain other programs; carbon monoxide detectors