TITLE 22. SOCIAL SERVICES
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 tammy.trestrail@dss.virginia.gov.
Summary:
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
|
Capacity
|
1 year
|
2 years
|
3 years
|
1–12
|
$14
|
$28
|
$42
|
13–25
|
$35
|
$70
|
$105
|
26–50
|
$70
|
$140
|
$210
|
51–75
|
$105
|
$210
|
$315
|
76–200
|
$140
|
$280
|
$420
|
201 & up
|
$200
|
$400
|
$600
|
Short-term Programs
|
1–50
|
$25
|
$50
|
$75
|
51 & up
|
$50
|
$110
|
$150
|
Flat Fees
|
Family Day Care Systems
|
$70
|
$140
|
$210
|
Child Placing Agencies
|
$70
|
$140
|
$210
|
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.