Upon completion of his investigation, the Commissioner shall issue an appropriate license to the applicant if (i) the applicant has made adequate provision for such activities, services, and facilities as are reasonably conducive to the welfare of the residents, participants, or children over whom he may have custody or control; (ii) at the time of initial application, the applicant has submitted an operating budget and at least one credit reference; (iii) he is, or the officers and agents of the applicant if it is an association, partnership, limited liability company, or corporation are, of good character and reputation; and (iv) the applicant and agents comply with the provisions of this subtitle. Otherwise, the license shall be denied. Immediately upon taking final action, the Commissioner shall notify the applicant of such action.
Upon completion of the investigation for the renewal of a license, the Commissioner may issue a provisional license to any applicant if the applicant is temporarily unable to comply with all of the licensure requirements. The provisional license may be renewed, but the issuance of a provisional license and any renewals thereof shall be for no longer a period than six successive months. A copy of the provisional license shall be prominently displayed by the provider at each public entrance of the subject facility and shall be printed in a clear and legible size and style. In addition, the facility shall be required to prominently display next to the posted provisional license a notice that a description of specific violations of licensing standards to be corrected and the deadline for completion of such corrections is available for inspection at the facility and on the facility's website, if applicable.
At the discretion of the Commissioner, a conditional license may be issued to an applicant to operate a new facility in order to permit the applicant to demonstrate compliance with licensure requirements. Such conditional license may be renewed, but the issuance of a conditional license and any renewals thereof shall be for no longer a period than six successive months.
Code 1950, §§ 63-224.1, 63-236, 63-238; 1954, c. 259; 1968, c. 578, §§ 63.1-178, 63.1-199, 63.1-201; 1981, c. 222; 1985, c. 360; 1987, cc. 130, 692; 1988, c. 199; 1992, cc. 356, 666, § 63.1-194.8; 1993, cc. 730, 742; 1996, c. 747; 1998, cc. 551, 581, 1999, c. 740; 2002, c. 747; 2005, cc. 610, 924; 2013, cc. 182, 545; 2014, c. 118.
Structure Code of Virginia
Title 63.2 - Welfare (Social Services)
Chapter 17 - Licensure and Registration Procedures
§ 63.2-1702. Investigation on receipt of application
§ 63.2-1705. Compliance with Uniform Statewide Building Code
§ 63.2-1706. Inspections and interviews
§ 63.2-1706.1. Inspections of child welfare agencies; prioritization
§ 63.2-1707. Issuance or refusal of license; notification; provisional and conditional licenses
§ 63.2-1708. Records and reports
§ 63.2-1709.2. Enforcement and sanctions; special orders; civil penalties
§ 63.2-1709.3. Child-placing agencies; conscience clause
§ 63.2-1710. Appeal from refusal, denial of renewal, or revocation of license
§ 63.2-1711. Injunction against operation without license
§ 63.2-1712. Offenses; penalty
§ 63.2-1713. Misleading advertising prohibited
§ 63.2-1714. Duty of attorneys for the Commonwealth
§ 63.2-1715. Exemptions from licensure
§ 63.2-1718. Inspection of unlicensed child or adult care operations; inspection warrant
§ 63.2-1719. Barrier crime; construction
§ 63.2-1723. Child welfare agencies; criminal conviction and waiver
§ 63.2-1726. Background check required; children's residential facilities
§ 63.2-1729. Confidentiality of complainant's identity
§ 63.2-1730. Retaliation or discrimination against complainants
§ 63.2-1731. Retaliation against reports of child or adult abuse or neglect
§ 63.2-1732. Regulations for assisted living facilities
§ 63.2-1733. Regulations for adult day care centers
§ 63.2-1734. Regulations for child welfare agencies
§ 63.2-1736. Interagency agreements; cooperation of Department with other departments
§ 63.2-1737. Licensure of group homes and residential facilities for children