{"data":{"id":"us-va/6vac35-20-37","jurisdiction":"us-va","citation":"6VAC35-20-37","heading":"Director's authority to take immediate administrative action","body":"A. Nothing in this regulation shall be construed to limit the director's authority to take immediate administrative action in accordance with law whenever (i) evidence is found of any  health, welfare, or safety violation or (ii) a program or facility is not in  compliance with  regulatory requirements or  the Virginia Juvenile Community Crime Control Act  requirements. Such administrative action may include, but is not limited to (a) withholding funds; (b) removing juveniles from the program or facility;  (c) placing the program or facility on  probationary certification status for up to six months pending  review by the board pursuant to 6VAC35-20-115; or (d) summarily suspending the certificate pursuant to subsection B of this section. In taking such action, the department shall notify the program or facility administrator, the administrative entity  to which the program or facility reports, and the board, in writing, of the reason for the administrative action and the action the program or facility must take to correct the  violation.\n\nB. In accordance with subsection A of this section, the director may issue a preliminary summary  suspension order of the  certificate of  the juvenile residential facility  regulated by the  board as follows:\n\n1.  A preliminary  summary suspension order may be issued when conditions or practices  exist in the  facility  that pose an immediate and substantial threat to the health, welfare, or safety of the residents  including, but not limited to, the following:\n\na. Violations of any provision of applicable laws or applicable regulations made pursuant to such laws;\n\nb. Permitting, aiding, or abetting the commission of any illegal act in the regulated  facility;\n\nc. Engaging in conduct or practices that are in violation of statutes related to abuse or neglect of children;\n\nd. Deviating significantly from the program or services for which a  certificate was issued without obtaining prior written approval from the regulatory authority or failing to correct such deviations within the specified time; or\n\ne. Engaging in a willful action or gross negligence that jeopardizes the care or protection of the resident.\n\n2. The director shall immediately upon issuance of the preliminary summary suspension order and without delay notify the  certificate holder verbally and  in writing via (i) facsimile, (ii) electronic mail, or (iii) hand delivery of the issuance of the preliminary order of suspension and the opportunity for a hearing before the director or  designee within three  business days of the issuance of the preliminary summary  suspension order. The chair of the board must be notified immediately when the director issues a preliminary summary suspension order. In accordance with 6VAC35-20-36.1, the director shall report the action taken to the board no later than its regularly scheduled meeting.\n\na. The  certificate holder may decline the opportunity for an appeal to the director or  designee.\n\nb. Whenever an appeal is requested and a criminal charge is also filed against the appellant involving the same conduct, the appeal process shall be stayed until the criminal prosecution is completed. During such stay, the  certificate holder's right of access to the records of the department regarding the matter being appealed shall also be stayed. Once the criminal prosecution in court has been completed, the department shall advise the appellant in writing of his right to resume his appeal within the  time frames provided by law and regulation.\n\n3. The  certificate holder may appear before the director or  designee by personal appearance or by telephone. Any documents filed may be transmitted by facsimile and the facsimile and any signatures thereon shall serve, for all purposes, as an original document.\n\na. Upon request, the department shall provide the appellant a summary of the information used in making its determination. Information prohibited from being disclosed by state or federal law or regulation shall not be released. In the case of any information being withheld, the  certificate holder shall be advised of the general nature of the information and the reasons, of privacy or otherwise, that it is being withheld.\n\nb. The director or  designee shall preside over the appeal. With the exception of the director, no person whose regular duties include substantial involvement with the certification  of the facilities shall preside over the appeal.\n\n(1) The  certificate holder may be represented by counsel.\n\n(2) The  certificate holder shall be entitled to present the testimony of witnesses, documents, factual data, arguments, or other submissions of proof.\n\n4. The director or  designee shall have the authority to sustain, amend, or reverse the preliminary summary suspension order. If sustained or amended, the order is considered final. The director or  designee shall notify the  certificate holder in writing of the results of the appeal and of the right to appeal the final order to the appropriate circuit court within 10 business days of the  decision. Notification of the results of the appeal before the director or  designee shall be mailed certified with return receipt to the  certificate holder.\n\na. The chair of the board must be immediately notified when the director issues a final  summary suspension order. In accordance with  6VAC35-20-36.1, the director shall report the action taken to the board no later than its next regularly scheduled meeting.\n\nb. If the  certificate holder is not satisfied, the  certificate holder may dispute the noncompliance finding in accordance with  6VAC35-20-90.","path":["Title 6. Criminal Justice And Corrections","Agency 35. Department (Board) of Juvenile Justice","Chapter 20. Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities","Part I. Definitions and General Provisions"],"source_url":"https://law.lis.virginia.gov/admincode/title6/agency35/chapter20/section37/","current_through":"2026 Regular Session (effective July 1, 2026)","vintage":"","retrieved_at":"2026-09-14T04:46:57Z","sha256":"5c5e595843fd656eb583bdfccab6272f8e331a789c56908ffe1ad9635335b29c","source_id":"us-va-vac","stale":false,"prev":"us-va/6vac35-20-36.1","next":"us-va/6vac35-20-50"},"notice":"GroundRules: Original legal text. Not legal advice."}