Administrative Code

Virginia Administrative Code
5/14/2021

Part VI. Problem Solving Conferences

22VAC40-80-250. Initiating a request for a problem solving conference.

When an applicant or licensee has concerns about licensing procedures, interpretation of standards, or the actions of licensing personnel that cannot be resolved satisfactorily in discussion with the assigned licensing representative, the problem solving steps outlined below are available.

Licensing staff may also initiate a request for problem solving conferences with applicants or licensees when the need arises.

Statutory Authority

§§ 63.2-1732, 63.2-1734, 63.2-1802 and 63.2-1803 of the Code of Virginia.

Historical Notes

Derived from VR615-30-01 § 6.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995.

22VAC40-80-260. First step review.

A. The applicant or licensee may request either a desk review by, or a meeting with, the assigned licensing representative's immediate supervisor.

B. If the request stems from a desire to contest the findings or conclusions of an inspection, the following procedures shall apply:

1. The applicant or licensee shall make the request within 15 days of receiving the compliance plan.

2. The request shall specify the contested finding or conclusion and shall specify whether a desk review or conference is being requested.

3. The request shall include the applicant's or licensee's reasons or other evidence supporting the request for a review or a conference.

C. The first step informal desk review or conference will be held at the supervisor's office unless the supervisor designates a different location. The following procedures shall apply:

1. The supervisor will report the findings of a desk review in writing within 10 days of receiving the request and supporting materials or will hold the requested conference within 30 days of receipt of such request and materials.

2. When the request is for a conference, the supervisor will, within 10 days following the conference, confirm to the applicant or licensee in writing the results of the conference and any subsequent decisions made by the supervisor.

Statutory Authority

§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from VR615-30-01 § 6.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-270. Second step review.

A. If after the first step review, the applicant or licensee believes that the laws, regulations, or departmental policies have been applied or interpreted in a manner that was unreasonable, arbitrary or capricious, he may request a second step review by program supervisory personnel as assigned by the Director of Licensing Programs according to the provisions of this section.

B. A second step review shall not be requested to challenge the content of an established law, regulation, or policy. However, the application of a law, regulation, or policy may be challenged.

C. When a second step review is requested, the request must be in writing.

D. The second step review request shall:

1. Be made within 15 days of the date of the first step response;

2. Specify the reason for requesting the second step informal review and include such information, explanation, or additional materials as necessary to support the applicant's or licensee's belief that the decision reached at the first step was unreasonable, arbitrary, or capricious; and

3. Include a copy of relevant materials and correspondence developed at the first step of the informal appeal process.

E. Within 30 days of receipt of this request, the director's office will respond in writing with the results of the desk review or schedule a conference.

Statutory Authority

§§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from VR615-30-01 § 6.3, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-280. Enforcement of disputed regulation.

Nothing in this part shall prohibit the department from exercising its responsibility and authority to enforce the disputed regulation during the problem solving process, including proceeding directly to imposition of administrative sanctions, or recommending petitions for injunction when, in the judgment of the Director, Division of Licensing Programs, there is sufficient risk to persons in care to do so whether or not the steps available in the problem solving process have been exhausted.

Statutory Authority

§§ 63.2-1732, 63.2-1734, 63.2-1802 and 63.2-1803 of the Code of Virginia.

Historical Notes

Derived from VR615-30-01 § 6.4, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995.

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