Part VIII. Sanctions
8VAC20-821-290. Administrative sanctions.
A. Notwithstanding any other provision of law, following a proceeding as provided in § 2.2-4019 of the Code of Virginia, the superintendent may issue a special order for the following:
1. Violation of any of the provisions or any regulation adopted under the provisions of Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia or § 54.1-3408 of the Code of Virginia for which violation adversely affects or is an imminent and substantial threat to the health, safety, or welfare of the person being cared for ; or
2. Permitting, aiding, or abetting the commission of any illegal act in a child day program or family day system.
B. Notice of the superintendent's intent to take any of the actions enumerated in subdivisions C 1 through C 6 of this section shall be provided by the department, and a copy of such notice shall be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations. The issuance of a special order shall be considered a case decision as defined in § 2.2-4001 of the Code of Virginia. Actions set forth in subsection C of this section may be appealed by (i) a child day program or family day system operated by an agency of the Commonwealth in accordance with § 22.1-289.025 of the Code of Virginia or (ii) any other child day program or family day system in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The superintendent shall not delegate the superintendent's authority to impose civil penalties in conjunction with the issuance of special orders.
C. The superintendent may take the following actions regarding child day programs and family day systems through the issuance of a special order and may require a copy of the special order provided by the department to be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations:
1. Place a licensee on probation upon finding that the licensee is substantially out of compliance with the terms of the license and that the health and safety of children is at risk;
2. Reduce the licensed capacity or prohibit new admissions when the superintendent concludes that the licensee cannot make necessary corrections to achieve compliance with regulations except by a temporary restriction of its scope of service;
3. Mandate training for the licensee or licensee's employees, with any costs to be borne by the licensee, when the superintendent concludes that the lack of the training has led directly to violations of regulations;
4. Assess civil penalties of not more than $500 per inspection upon finding that the child day program or family day system is substantially out of compliance with the terms of its license and the health and safety of children is at risk; however, no civil penalty shall be imposed pursuant to this subdivision on any child day program or family day system operated by an agency of the Commonwealth;
5. Require licensees to contact parents, guardians, or other responsible persons in writing regarding health and safety violations; and
6. Prevent licensees who are substantially out of compliance with the licensure terms or in violation of the regulations from receiving public funds.
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.
8VAC20-821-300. Revocation and denial.
The superintendent may revoke or deny the renewal of the license of any child day program or family day system that violates any provision of this chapter, Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia, or fails to comply with the limitations and standards set forth in its license.
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.
8VAC20-821-310. Summary suspension.
The superintendent may, in accordance with the provisions of § 22.1-289.022 of the Code of Virginia, issue a notice of summary suspension of the license of any child day program or family day system, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the child day program or family day system that pose an immediate and substantial threat to the health, safety, and welfare of the children receiving care, and the superintendent believes the operation of the child day program or family day system should be suspended during the pendency of the proceeding.
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.
8VAC20-821-320. Consent agreements.
Instead of an adverse action, an applicant or licensee may request to enter into a consent agreement with the superintendent. If an applicant or licensee enters into a consent agreement with the superintendent , the consent agreement shall include the following:
1. Dates of key actions and events and the names of the parties;
2. An assertion that all violations detailed in the notice of intent have been corrected;
3. A description in detail of the case-specific systemic solution proposed that addresses the causes of the history of violations, including the methods the licensee has in place to prevent violations and to monitor results;
4. A stipulation by the licensee to the validity of the violations enumerated in the specified correspondence and a waiver of all rights to an informal conference or hearing under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) related to those violations;
5. A statement by the licensee that all determinations as to whether the terms of the agreement are being implemented and the intended results achieved are at the sole discretion of the superintendent;
6. The duration of the consent agreement. The consent agreement will be effective once signed by both parties;
7. A statement that when the superintendent signs the agreement, signifying final acceptance, the superintendent is also agreeing to rescind the outstanding adverse action, and that the licensee is agreeing to withdraw all appeals to that action; and
8. A statement outlining conditions for termination of the consent agreement and the nature of the licensee's appeal rights in that event.
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.