DENIAL OF A LICENSE

For General Regulations, according to Licensing Regulation 12VAC35-105-110, an application for a license may be denied by the Commissioner if:

1. The provider or applicant has violated any provisions of Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2-403 of the Code of Virginia or the licensing regulations;
2. The provider's or applicant's conduct or practices are detrimental to the welfare of any individual receiving services or in violation of human rights identified in § 37.2-400 of the Code of Virginia or the Human Rights Regulations (12VAC35-115);
3. The provider or applicant permits, aids, or abets the commission of an illegal act
4. The provider or applicant fails or refuses to submit reports or to make records available as requested by the department;
5. The provider or applicant refuses to admit a representative of the department who displays a state-issued photo identification to the premises;
6. The provider or applicant fails to submit or implement an adequate corrective action plan; or
7. The provider or applicant submits any misleading or false information to the department. https://law.lis.virginia.gov/vacode/37.2-416/https://law.lis.virginia.gov/vacode/63.2-
   1726/

For Children’s Regulations, according to Licensing Regulation 12VAC35-46-120, an application for a license may be denied by the Commissioner if the applicant:

1. Violates any provision of applicable laws or regulations made pursuant to such laws;
2. Has a founded disposition of child abuse or neglect after the appeal process has been completed;
3. Has been convicted of a crime listed in § 37.2-416 or 63.2-1726 of the Code of Virginia;
4. Has made false statements on the application or misrepresentation of facts in the application process;
5. Has not demonstrated good character and reputation as determined through references, background investigations, driving records, and other application materials;
6. Has a history of adverse licensing actions or sanctions;
7. Permits, aids, or abets in the commission of an illegal act in services delivered by the provider;
   or
8. Engages in conduct or practices detrimental to the welfare of any individual receiving servicesfrom the provider.

NOTE: Should an application be denied, applicants may have to wait at least six months before they can re-apply pursuant to Virginia Code § 37.2-418. For Children’s Residential Services an additional $500 application fee will be required.