Action:
Amend General Procedures to Conform with Code
Action 4824
General Information
| Action Summary |
This regulatory action is necessary to conform to changes made in Chapters 196, 283 and 138 of the 2017 Acts of Assembly (HB 2156, HB 1919 and SB 1191 respectively). As a result of these legislative actions, §§ 63.2-1701 and 63.2-1709.2 of the Code of Virginia were amended.
The amendment to § 63.2-1701 of the Code of Virginia specifies that a, “person who operates or maintains a child welfare agency" means any individual; corporation; partnership; association; limited liability company; local government; state agency, including any department, institution, authority, instrumentality, board, or other administrative agency of the Commonwealth; or other legal or commercial entity that operates or maintains a child welfare agency.” Due to this amendment, it is necessary to change the definition of “applicant” and “licensee” in 22VAC40-80-10 to include the additional entities that may apply and operate a child welfare agency.
The amendment to § 63.2-1709.2 of the Code of Virginia changes the time frame for the aggregate amount of civil penalties in assisted living facilities to not exceed $10,000 from a 24-month period to a 12-month period of time. Due to this amendment, it is necessary to change the timeframe in 22VAC40-80-340 to specify that the aggregate amount of civil penalties in assisted living facilities shall not exceed $10,000 in a 12-month period of time.
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| Chapters Affected |
Only affects this chapter.
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| Executive Branch Review |
This Action is exempt from Article 2 of the Administrative Process Act.
The normal executive branch review process is not required. As such, it can be submitted directly for publication and
is effective upon publication.
Exempt Citation:
2.2-4006 A.4.a.
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| RIS Project |
Yes [005163] |
| Associated Mandates |
Assisted living facilities; cap on civil penalties.
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| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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7940
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Final
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Stage complete. This regulation became effective on 10/19/2017. |
Contact Information
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Name / Title:
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Cheryl H. Morris
/
Licensing Program Consultant
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Address:
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801 E. Main Street
Richmond, VA 23219
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Email Address:
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cheryl.morris@dss.virginia.gov
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Phone:
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(540)347-6375
FAX: (540)347-6304
TDD: ()-
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