2006 Code of Virginia § 46.2-490.5 - Suspension, revocation, cancellation or refusal to renew clinic license or instructor license; impo...

46.2-490.5. Suspension, revocation, cancellation or refusal to renew cliniclicense or instructor license; imposition of monetary penalties.

A. Except as otherwise provided in this section, no license issued under thischapter shall be suspended, revoked, or cancelled or renewal thereof denied,and no monetary penalty shall be imposed pursuant to 46.2-490.6, unless thelicensee has been furnished a written copy of the complaint against him andthe grounds upon which the action is taken and has been offered anopportunity for an administrative hearing to show cause why such actionshould not be taken.

B. The order suspending, revoking, canceling, or denying renewal of alicense, or imposing a monetary penalty, except as otherwise provided insubsection D of this section, shall not become effective until the licenseehas had 30 days after notice of the opportunity for a hearing to make awritten request for such a hearing. If no hearing has been requested withinsuch 30-day period, the order shall become effective and no hearing shallthereafter be held. Except as provided in subsection D of this section, atimely request for a hearing shall automatically stay operation of the orderuntil after the hearing.

C. Notice of an order suspending, revoking, canceling or denying renewal of alicense, or imposing a monetary penalty and advising the licensee of theopportunity for a hearing shall be mailed to the licensee by registered mailto the clinic address as shown in the Department's records and shall beconsidered served when mailed.

D. Notwithstanding the provisions of subsection B of this section, if theCommissioner makes a finding, after conducting a preliminary investigation,that the conduct of a licensee (i) is in violation of this chapter,regulations adopted pursuant to this chapter, or criteria established by theDepartment pursuant to this chapter, and (ii) such violation constitutes adanger to public safety, the Commissioner may issue an order suspending,revoking, or denying renewal of the instructor's license, the clinic'slicense, or both, as deemed appropriate by the Commissioner. Orderssuspending, revoking, or denying renewal of such license pursuant to thissubsection shall be effective immediately. Notice of the suspension,revocation or denial shall be in writing and mailed in accordance withsubsection C of this section. Upon receipt of a request for a hearingappealing the suspension, the licensee shall be afforded the opportunity fora hearing as soon as practicable, but no longer than 30 days of receipt ofthe hearing request. The suspension shall remain in effect pending theoutcome of the hearing.

(2004, c. 622.)