Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Regulation for Criminal Record Checks for Assisted Living Facilities and Adult Day Care Centers [22 VAC 40 ‑ 90]
Action is Exempt from Article 2 of the Administrative Process Act
Amend regulation to comply with provisions of the Code of Virginia
Action 1734
General Information
Action Summary The exempt action requires applicants for approval as a licensed assisted living facility to provide background checks, per provisions in the Code of Virginia. The action amends the regulation to use the terms "background checks" and "sworn statement or affirmation" as these terms appear in the Code of Virginia, per the recodification of Title 63.2 in 2002. The action also adds Code of Virginia provisions that the Commissioner provide a copy of the sworn statement or affirmation or the criminal history record report if the applicant is denied licensure because of information in either of these documents. Finally, the exempt action adds Code of Virginia provisions about further dissemination of the background checks information and the Commissioner's responsibility to not issue a license to an assisted living facility if an applicant for licensure has an offense as defined in ยง 63.2-1719.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: House Bill 2512 and Senate Bill 1183, 2005 General Assembly
RIS Project No project yet assigned to this action
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
3143 Final Stage complete. This regulation became effective on 07/01/2005.
Contact Information
Name / Title: Wenda Singer  / Program Development Consultant
Address: Division of Licensing Programs
7 North 8th Street
Richmond, VA 23219
Email Address:
Phone: (804)726-7148    FAX: (804)726-7132    TDD: (800)8281120