Part III. Renewal
8VAC20-821-100. Renewal required.
Every person issued a license that has not been suspended or revoked shall renew the license before its expiration.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-110. Qualifications for renewal.
A. Before the expiration date shown on the license, a licensee desiring to renew a license shall return to the superintendent a completed renewal application and appropriate fee. Failure to receive notices from the superintendent regarding license renewal does not relieve the licensee of the obligation to renew.
B. The renewal applicant shall have met the requirements of 8VAC20-821-50 regarding the approval of buildings and functional design.
C. The renewal applicant shall demonstrate compliance with licensing standards.
D. As required by Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia, the renewal applicant and any of the applicant's partners, members, officers, directors, or agents shall submit to a background check in accordance with licensing standards.
E. The renewal applicant shall at all times allow the superintendent reasonable access and opportunity to make on-site inspection of the proposed facility to determine compliance with licensing standards. The on-site inspections may occur at any time during the license term and may be unannounced.
F. The renewal applicant shall at all times allow the superintendent reasonable opportunity to inspect the renewal applicant's records. Records that contain confidential proprietary information furnished to the department pursuant to this section shall be exempt from disclosure pursuant to subdivision 4 of § 2.2-3705.5 of the Code of Virginia.
G. The renewal applicant shall at all times allow the superintendent to interview any person under the renewal applicant's custody, control, direction, or supervision. Interviews shall be (i) authorized by the person to be interviewed or the person's legally authorized representative and (ii) limited to discussion of issues related to the applicant's compliance with applicable laws and licensing standards.
H. It is the responsibility of the renewal applicant to demonstrate that the licensee meets all qualifications for renewal. All determinations of qualifications shall be at the discretion of the superintendent. Failure to demonstrate qualifications for licensure shall constitute grounds for denying a license renewal.
I. A license will not be renewed for a licensee who does not constitute or who does not operate or maintain a child day program or family day system as defined in Title 22.1 of the Code of Virginia during the licensure period immediately preceding renewal.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-120. Refusal of renewal.
A. The superintendent may refuse a renewal application for (i) failure to meet the qualifications for renewal or violation of licensing standards or (ii) failure to comply with the terms of a special order or final order issued by the superintendent.
B. When renewal of a license for a child day program or family day system has been refused by the superintendent, the applicant shall not, for a period of six months, apply again for the license, unless the superintendent in the superintendent's sole discretion believes that there has been a change in the conditions on account of which the license was refused as to justify considering a new application. When an appeal is taken by the applicant pursuant to subsection A of § 22.1-289.024 of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-130. Provisional license.
A. The superintendent may issue a provisional license to a renewal applicant when the applicant is temporarily unable to comply with all of the licensure requirements. A provisional license may be issued for a term not to exceed six months. A provisional license may be renewed, but a provisional license may not be held for longer than six months from the original issuance of the provisional license.
B. If, at the end of the provisional license, the renewal applicant is still unable to comply with all of the licensure requirements, the application for renewal shall be denied.
C. A provisional license may be voided and the license renewed if the superintendent determines that the renewal applicant meets the qualifications for renewal.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.