Administrative Code

Virginia Administrative Code
11/27/2021

Chapter 15. Regulations Governing Delegation to an Agency Subordinate

18VAC85-15-10. Decision to delegate informal fact-finding proceedings to an agency subordinate.

In accordance with § 54.1-2400 (10) of the Code of Virginia, the board may delegate an informal fact-finding proceeding to an agency subordinate upon determination that probable cause exists that a practitioner may be subject to a disciplinary action.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 21, eff. July 27, 2005.

18VAC85-15-20. Criteria for delegation.

Cases that may be delegated to an agency subordinate shall be limited to those involving:

1. The practitioner profile system;

2. Continuing competency;

3. Advertising;

4. Compliance with board orders;

5. Default on a federal or state-guaranteed educational loan or on a work-conditional scholarship or grant for the cost of a health professional education; or

6. Failure to provide medical records.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 21, eff. July 27, 2005.

18VAC85-15-30. Criteria for an agency subordinate.

A. An agency subordinate may include board members, professional staff or other persons authorized and deemed by the board to be knowledgeable by virtue of their training and experience in administrative proceedings involving the regulation and discipline of health professionals to conduct an informal fact-finding proceeding.

B. The executive director shall maintain a list of appropriately qualified persons to whom an informal fact-finding proceeding may be delegated.

C. The board may delegate to the executive director the selection of the agency subordinate who is deemed appropriately qualified to conduct a proceeding based on the qualifications of the subordinate and the type of case being heard.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 21, eff. July 27, 2005.

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