12 Va. Admin. Code § 35-260-40 - Disclosures, restrictions, and violations
A. No person shall
operate a recovery residence or advertise, represent, or otherwise imply to the
public that a recovery residence or other housing facility is certified by
DBHDS unless such recovery residence or other housing facility has received
certification from DBHDS.
B. Any
recovery residence that fails to maintain the requirements for certification by
DBHDS as required by this chapter shall have the certification revoked and be
removed from the certification list.
C. Every recovery residence shall disclose to
each prospective resident its credentialing entity. If the credentialing entity
is the National Alliance for Recovery Residences, the recovery residence shall
disclose the level of support provided by the recovery residence. If the
credentialing entity is Oxford House, Inc., the recovery residence shall
disclose that the recovery residence is self-governed and unstaffed.
D. DBHDS may institute civil proceedings in
the name of the Commonwealth to enjoin any person from violating the provisions
of this chapter and to recover a civil penalty of at least $200 but no more
than $1,000 for each violation. Such proceedings shall be brought in the
general district or circuit court for the county or city in which the violation
occurred or where the defendant resides. Civil penalties assessed under this
section shall be paid into the Behavioral Health and Developmental Services
Trust Fund established in §
37.2-318 of the Code of
Virginia.
Notes
Statutory Authority: §§ 37.2-203 and 37.2-431.1 of the Code of Virginia.
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