2006 Code of Virginia § 63.2-1722 - Revocation or denial of renewal based on background checks; failure to obtain background chec...

63.2-1722. Revocation or denial of renewal based on background checks;failure to obtain background check.

A. The Commissioner may revoke or deny renewal of a license or registrationof a child welfare agency, an assisted living facility or adult day carecenter, a child-placing agency may revoke the approval of a foster home, anda family day system may revoke the approval of a family day home if theassisted living facility, adult day care center, child welfare agency, fosterhome or approved family day home has knowledge that a person specified in 63.2-1720 and 63.2-1721 required to have a background check has an offense asdefined in 63.2-1719, and such person has not been granted a waiver by theCommissioner pursuant to 63.2-1723 or is not subject to the exceptions insubsection B of 63.2-1720 and subsection E of 63.2-1721, and thefacility, center or agency refuses to separate such person from employment orservice.

B. Failure to obtain background checks pursuant to 63.2-1720 and 63.2-1721shall be grounds for denial or revocation of a license, registration orapproval. No violation shall occur if the assisted living facility, adult daycare center or child welfare agency has applied for the background checktimely and it has not been obtained due to administrative delay. Theprovisions of this section shall be enforced by the Department.

(Code 1950, 63-235; 1968, cc. 578, 63.1-198, 585; 1975, c. 439; 1985, c.360; 1992, c. 746; 1993, cc. 730, 742; 1995, c. 401; 1996, c. 747; 1997, c.427; 1998, cc. 551, 581; 2002, c. 747.)