§ 63.2-1602.1. Appeal to Commissioner regarding home-based and adult foster care services
Any applicant for or recipient of home-based and adult foster care services aggrieved by any decision of a local board in granting, denying, changing or discontinuing services, may, within 30 days after receiving written notice of such decision, appeal therefrom to the Commissioner. Any applicant or recipient aggrieved by the failure of the local board to make a decision within a reasonable time may ask for review by the Commissioner. The Commissioner may delegate the duty and authority to duly qualified hearing officers to consider and make determinations on any appeal or review. The Commissioner shall provide an opportunity for a hearing, reasonable notice of which shall be given in writing to the applicant or recipient and to the proper local board in such manner and form as the Commissioner may prescribe. The Commissioner may make or cause to be made an investigation of the facts. The Commissioner shall give fair and impartial consideration to the testimony of witnesses, or other evidence produced at the hearing, reports of investigation of the local board and local director or of investigations made or caused to be made by the Commissioner, or any facts which the Commissioner may deem proper to enable him to decide fairly the appeal or review. The decision of the Commissioner shall be binding and considered a final agency action for purposes of judicial review of such action pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
(2003, c. 467.)
Sections: Previous 63.2-1600 63.2-1601 63.2-1601.1 63.2-1602 63.2-1602.1 63.2-1603 63.2-1604 63.2-1605 63.2-1606 63.2-1607 63.2-1608 63.2-1609 63.2-1610 63.2-1611 63.2-1612 NextLast modified: April 16, 2009