22 Va. Admin. Code § 40-191-90

Current through Register Vol. 41, No. 8, December 2, 2024

Section 22VAC40-191-90 - Identifying who may apply for a waiver

A. Any person who wants to operate or to volunteer or work at a facility covered by this regulation, but who is disqualified because of a criminal conviction pursuant to §§ 63.2-1720 and 63.2-1721 of the Code of Virginia may apply in writing to the commissioner of the department for a waiver.

B. The commissioner may grant a waiver if:

1. A nonbarrier crime felony conviction occurred less than five years previously;

2. The commissioner determines that the person is of good moral character and reputation; and

3. The waiver would not adversely affect the safety and well-being of the children in the person's care.

22 Va. Admin. Code § 40-191-90

Derived from Virginia Register Volume 20, Issue 11, eff. April 1, 2004; Errata, 20:12 VA.R. 1526 February 23, 2004; amended, Virginia Register Volume 21, Issue 18, eff. July 1, 2005; Volume 22, Issue 22, eff. September 1, 2006; amended, Virginia Register Volume 30, Issue 3, eff. December 1, 2013; Amended, Virginia Register Volume 38, Issue 02, eff. 10/13/2021.

Statutory Authority: §§ 63.2-217. 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.