2006 Code of Virginia § 23-276.6 - Refusal, suspension, and revocation of approval or certification

23-276.6. Refusal, suspension, and revocation of approval or certification.

A. The Council may refuse to grant a certification, may revoke or suspend aprior approval or certification, as the case may be, including any approvalor authorization issued prior to July 1, 1980, and may add conditions to anyapproval or certification, as the case may be, on such grounds as may beprovided in its regulations or any of the following grounds:

1. The school submits or has submitted any false or misleading information tothe Council in connection with its approval;

2. The school or any of its locations fails to meet or to maintain compliancewith the Council's regulations;

3. The school publicly makes or causes to be made any false or misleadingrepresentation that it has complied with any requirement of this chapter orthe Council's regulations;

4. The school violates any provision of this chapter or the Council'sregulations; or

5. The school fails or refuses to furnish the Council with any requestedinformation or records required by this chapter or the Council's regulations.

B. The Council may refuse to grant an approval or may place conditions on anapproval for a request to use a name that incorporates terms deemed by theCouncil to be misleading to consumers, students, or the general publicregarding the school's affiliation or association with any public institutionor system of higher education in the Commonwealth. The Council shall not,however, add conditions to, revoke, or suspend a prior approval of a name.The Council shall, by regulation, designate the terms deemed to bemisleading, which shall include, but shall not be limited to, "publicuniversity," "public college," and "community college."

C. The Council shall notify the school by certified mail, return receiptrequested, of its intention to deny an application, suspend or revoke a priorapproval or certification, as the case may be, or add conditions to anapproval or certification, as the case may be, and shall state in writing thereasons for the denial, suspension, revocation, or conditions. The schoolmay, within 10 days of receipt of the certified mail notice, submit a writtenrequest for a proceeding before the Council pursuant to Article 3 ( 2.2-4018et seq.) of Chapter 40 of Title 2.2.

D. The Council may issue orders to comply with its regulations or theprovisions of this chapter; unless an emergency exists, such orders shallonly be issued after a proceeding pursuant to Article 3 ( 2.2-4018 et seq.)of Chapter 40 of Title 2.2.

E. In accordance with Article 3 ( 2.2-4018 et seq.) of Chapter 40 of Title2.2, any school aggrieved by a decision of the Council to deny an applicationor suspend or revoke a prior approval or certification, as the case may be,or add conditions to an approval or certification, or aggrieved by any orderto comply with the Council's regulations or this chapter may appeal suchdecision. The Council shall make a final administrative decision on suchappeal in accordance with the Administrative Process Act ( 2.2-4000 et seq.).

F. In order to regain approval, a school that has had its approval orcertification, as the case may be revoked or suspended by the Council shallfile a new application for certification and shall provide clear andconvincing evidence that the conditions resulting in the suspension orrevocation have been remedied and that the school is in compliance with thischapter and the Council's regulations.

(Code 1950, 23-271; 1980, c. 658; 1996, cc. 691, 832; 2002, c. 178; 2003,c. 461; 2004, c. 991; 2005, c. 447.)