Vol. 34 Iss. 2 - September 18, 2017

Chapter 160
Final Regulation

REGISTRAR'S NOTICE: The State Board of Social Services is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3 of the Code of Virginia, which excludes regulations that consist only of changes in style or form or corrections of technical errors. The State Board of Social Services will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 22VAC40-160. Fee Requirements for Processing Applications (amending 22VAC40-160-10).

Statutory Authority: §§ 63.2-217 and 63.2-1700 of the Code of Virginia.

Effective Date: October 19, 2017.

Small Business Impact Review Report of Findings: This final regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Agency Contact: Tammy Trestrail, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7132, or email


The amendments (i) update a Code of Virginia citation due to the recodification of Title 63.1 to Title 63.2, and (ii) remove the amount of the returned check fee because the Virginia Department of Social Services does not set the fee to be charged for returned checks.

22VAC40-160-10. Fees.

By act of the General Assembly and effective February 1, 1984, the Department of Social Services is authorized to charge fees for processing applications for licenses (§§ 63.1-174.01 and 63.1-196.5 (§ 63.2-1700 of the Code of Virginia).

Such fees are to be used for the development and delivery of training for operators and staff of facilities or agencies for adults or children subject to licensure solely by the Department of Social Services.

Each license and renewal of it may be issued for a period of up to three successive years. The required fee for each licensed facility or agency will be based upon its licensed capacity and the length of the total licensure period. However, the fee will be collected annually and licensees will be billed each year by the Department of Social Services for the appropriate portion of the fee. (Example: A facility with a capacity of 55 participants is issued a license for a period of 24 months. The fee for that facility for the two-year period would be $210. The facility will be charged $105 at the beginning of the licensure period and billed again for $105 at the beginning of the second year of licensure.) No fee will be charged directly following the issuance of a conditional license.

Some programs such as, but not limited to, parks and recreation programs and summer camps, which operate for less than four months in a 12-month period, will pay a reduced fee as indicated in the fee schedule below (short-term programs).

Applicants shall use the following schedule of fees to determine the correct fee to pay for processing all applications.

Schedule of Fees


1 year

2 years

3 years





















201 & up




Short-term Programs





51 & up




Flat Fees

Family Day Care Systems




Child Placing Agencies




The fee shall be paid by personal check, money order, or certified check, made payable to "Treasurer of Virginia."

A fee that is incorrect in amount or is made payable other than to the Treasurer of Virginia will be returned to the applicant. Otherwise, no fee will be returned or refunded for any reason.

Failure to submit the appropriate fee within the time frame timeframe specified by the Department of Social Services may result in negative action against a facility's or agency's license.

A $15 fee will be charged for checks which that must be returned to the applicant because of insufficient funds.

VA.R. Doc. No. R18-5194; Filed August 18, 2017, 10:13 a.m.