Virginia Code Title 32.1. Health § 32.1-162.15:1.6. Issuance or refusal of license;  notification;  provisional and conditional licenses

A. Upon completion of the inspection pursuant to § 32.1-162.15:1.5, the Commissioner shall issue a license to the applicant if (i) the applicant has made adequate provision for such activities, services, and facilities as are reasonably conducive to the welfare of the children over whom he may have custody or control;  (ii) at the time of initial application, the applicant has submitted an operating budget and at least one credit reference;  (iii) he is, or the officers and agents of the applicant if it is an association, partnership, limited liability company, or corporation are, of good character and reputation;  and (iv) the applicant and agents comply with the provisions of this article.  Otherwise, the license shall be denied.  Immediately upon taking final action, the Commissioner shall notify the applicant of such action.

B. When issuance of a license as a Center has been refused by the Commissioner, the applicant shall not apply again for such license for a period of one year unless the Commissioner in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application.  If an applicant appeals a decision rendered pursuant to subsection A, the one-year period shall be extended until a final decision has been rendered on appeal.

C. Upon submission of a completed application for renewal of a license, the Commissioner may issue a provisional license to any applicant if the applicant is temporarily unable to comply with all of the licensure requirements.  The provisional license may be renewed, but the issuance of a provisional license and any renewals thereof shall be for no longer than six successive months.  A copy of the provisional license shall be prominently displayed by the provider at each public entrance of the Center.  In addition, the Center shall be required to prominently display next to the posted provisional license a notice that a description of specific violations of licensing standards to be corrected and the deadline for completion of such corrections is available for inspection at the Center and on the Center's website, if applicable.

D. At the discretion of the Commissioner, a conditional license may be issued to an applicant to operate a new facility in order to permit the applicant to demonstrate compliance with licensure requirements.  Such conditional license may be renewed, but the issuance of a conditional license and any renewals thereof shall be for no longer than six successive months.  A copy of the conditional license shall be prominently displayed by the provider at each public entrance of the Center.  In addition, the Center shall be required to prominently display next to the posted conditional license a notice that a description of specific violations of licensing standards to be corrected and the deadline for completion of such corrections is available for inspection at the Center and on the Center's website, if applicable.