63.2-1707 - Issuance or refusal of license; notification; provisional and conditional licenses.
§ 63.2-1707. Issuance or refusal of license; notification; provisional andconditional licenses.
Upon completion of his investigation, the Commissioner shall issue anappropriate license to the applicant if (i) the applicant has made adequateprovision for such activities, services and facilities as are reasonablyconducive to the welfare of the residents, participants or children over whomhe may have custody or control; (ii) the applicant has submitted satisfactorydocumentation of financial responsibility such as, but not limited to, aletter of credit, a certified financial statement, or similar documents;(iii) he is, or the officers and agents of the applicant if it is anassociation, partnership, limited liability company or corporation are, ofgood character and reputation; and (iv) the applicant and agents comply withthe provisions of this subtitle. Otherwise, the license shall be denied.Immediately upon taking final action, the Commissioner shall notify theapplicant of such action.
Upon completion of the investigation for the renewal of a license, theCommissioner may issue a provisional license to any applicant if theapplicant is temporarily unable to comply with all of the licensurerequirements. The provisional license may be renewed, but the issuance of aprovisional license and any renewals thereof shall be for no longer a periodthan six successive months. A copy of the provisional license shall beprominently displayed by the provider at each public entrance of the subjectfacility and shall be printed in a clear and legible size and style. Inaddition, the facility shall be required to prominently display next to theposted provisional license a notice that a description of specific violationsof licensing standards to be corrected and the deadline for completion ofsuch corrections is available for inspection at the facility and on thefacility's website, if applicable.
At the discretion of the Commissioner, a conditional license may be issued toan applicant to operate a new facility in order to permit the applicant todemonstrate compliance with licensure requirements. Such conditional licensemay be renewed, but the issuance of a conditional license and any renewalsthereof shall be for no longer a period than six successive months.
(Code 1950, §§ 63-224.1, 63-236, 63-238; 1954, c. 259; 1968, c. 578, §§63.1-178, 63.1-199, 63.1-201; 1981, c. 222; 1985, c. 360; 1987, cc. 130, 692;1988, c. 199; 1992, cc. 356, 666, § 63.1-194.8; 1993, cc. 730, 742; 1996, c.747; 1998, cc. 551, 581, 1999, c. 740; 2002, c. 747; 2005, cc. 610, 924.)