Chapter 15. Regulations Governing Delegation to an Agency Subordinate
18VAC90-15-10. Decision to delegate.
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.
18VAC90-15-20. Criteria for delegation.
Cases that involve intentional or negligent conduct that caused serious injury or harm to a patient may not be delegated to an agency subordinate, except as may be approved by the president or executive director of the board.
Statutory Authority
§ 54.1-2400 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 21, Issue 21, eff. July 27, 2005; amended, Virginia Register Volume 29, Issue 21, eff. August 2, 2013.
18VAC90-15-30. Criteria for an agency subordinate.
A. An agency subordinate authorized by the board to conduct an informal fact-finding proceeding may include current or past board members and professional staff or other persons deemed knowledgeable by virtue of their training and experience in administrative proceedings involving the regulation and discipline of health professionals.
B. 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; amended, Virginia Register Volume 35, Issue 12, eff. March 22, 2019.