Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 30. Department For Aging And Rehabilitative Services
Chapter 100. Adult Protective Services

22VAC30-100-45. Right to review.

A. Right to review is the process by which the alleged perpetrator may request a hearing to amend the record when the investigation has resulted in a disposition that the local department has communicated to a licensing, regulatory, or legal authority.

B. A written request for an informal hearing with the local department must be received by the local department within 30 calendar days of the date of the local department's written notification that meets the requirements of 22VAC30-100-40 F to be deemed timely.

C. The local department shall conduct an informal hearing within 30 calendar days of receiving the written request for an informal hearing.

D. The director shall preside over the informal hearing. Except for the director, no person whose regular duties include substantial involvement with the local department's adult abuse, neglect, or exploitation investigations shall preside over the hearing.

E. The alleged perpetrator may be represented by counsel. The alleged perpetrator shall be entitled to present the testimony of witnesses, documents, factual data, arguments, or other submissions of proof.

F. The director shall have the authority to sustain, amend, or reverse the findings of the investigation or the disposition.

G. The director shall notify the alleged perpetrator, in writing, of the results of the informal hearing within 30 calendar days of the date of the hearing. The decision of the director shall be final. The results of the informal hearing shall be mailed, certified with return receipt, to the alleged perpetrator. A copy of the final decision shall be mailed to the appropriate licensing, regulatory, or legal authority.

H. If the director reverses the identification of the alleged perpetrator, the local department shall continue to offer services to the adult if the disposition remains needs protective services and accepts.

I. All written findings and actions of the local department or its director, including the decision of the director at the conclusion of the review, are final and shall not be (i) appealable to the Commissioner for Aging and Rehabilitative Services or (ii) considered a final agency action for purposes of judicial review pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§§ 51.5-131 and 51.5-148 of the Code of Virginia; 42 USC § 1397(3).

Historical Notes

Derived from Virginia Register Volume 37, Issue 19, eff. June 9, 2021.

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