Current through Register Vol. 40, No. 16, March 25, 2024
A. A
consent agreement may be proposed by a licensee in lieu of adverse action. The
proposed consent agreement shall be submitted no later than five work days
prior to the conference unless different arrangements are agreed upon with the
chair. In no case may a proposed consent agreement be submitted later than the
day of the informal conference.
B.
An acceptable consent agreement shall contain the following specific elements:
1. Dates of key actions, such as letter of
sanction, timely appeal, the informal conference (if already held), and the
names of the parties;
2. The
assertion that all violations detailed in the letter of denial or revocation
have been corrected or will be corrected by a time specified in the proposed
agreement;
3. A description in
detail of the case-specific systemic solution proposed that addresses the
causes of the past history of violations, including the methods the licensee
has in place to prevent violations and to monitor results;
4. A stipulation by the licensee to the
validity of the violations enumerated in the specified correspondence and
waiver of right to hearing under the Administrative Process Act (§
2.2-4000 et
seq. of the Code of Virginia) solely with respect to those
violations;
5. The duration of the
consent agreement, including the information that the period begins when the
division director signs;
6. A
statement that when the division director signs the agreement, signifying final
acceptance, the division director is also agreeing to rescind the outstanding
adverse action and that the licensee is agreeing to withdraw all appeals to
that action; and
7. A statement
outlining conditions for termination of the final agreement for cause and the
nature of the licensee's appeal rights in that event.
C. Throughout the duration of the consent
agreement, licensing staff will make frequent inspections to determine whether
the terms of the consent agreement are being implemented and whether its
intended results are being achieved.
Statutory Authority: §§
22.1-16
and
22.1-289.046
of the Code of Virginia.
