REGULATIONS
Vol. 40 Iss. 2 - September 11, 2023

TITLE 22. SOCIAL SERVICES
DEPARTMENT OF SOCIAL SERVICES
Chapter 80
Final

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 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 22VAC40-80. General Procedures and Information for Licensure (amending 22VAC40-80-110).

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

Effective Date: October 11, 2023.

Agency Contact: Sherri Williams, Licensing Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7141, FAX (804) 726-7132, or email sherri.williams@dss.virginia.gov.

Summary:

Pursuant to Chapter 695 of the 2023 Acts of Assembly, the amendment increases the maximum period of time in which an applicant may operate an assisted living facility, adult day care center, or child welfare agency under a provisional license issued by the Commissioner of Social Services to 12 successive months.

22VAC40-80-110. Provisional license.

When a regular license expires and the applicant is temporarily unable to comply with the requirements of the regulations, the department may issue a provisional license for any period not to exceed six 12 months. A provisional license shall not be issued to a facility or agency immediately following a conditional license. At the conclusion of the provisional licensure period, the facility or agency must be in substantial compliance with licensing standards or be denied a license to continue operation.

VA.R. Doc. No. R24-7563; Filed August 23, 2023