---
kind: "range"
citation: "38 C.F.R. §§ 17.66–17.71"
title: "38"
from: "17.66"
to: "17.71"
count: 6
url: "https://uscodex.org/cfr/38/17.66..17.71"
---

# §17.66. Notice of noncompliance with VA standards.


If the hearing official determines that an approved community residential care facility does not comply with the standards set forth in [§ 17.63](/cfr/38/17.63.md) of this part, the hearing official shall notify the community residential care facility in writing of:

- (a) The standards which have not been met;
- (b) The date by which the standards must be met in order to avoid revocation of VA approval;
- (c) The community residential care facility's opportunity to request an oral or paper hearing under [§ 17.67](/cfr/38/17.67.md) of this part before VA approval is revoked; and
- (d) The date by which the hearing official must receive the community residential care facility's request for a hearing, which shall not be less than 10 calendar days and not more than 20 calendar days after the date of VA notice of noncompliance, unless the hearing official determines that noncompliance with the standards threatens the lives of community residential care residents in which case the hearing official must receive the community residential care facility's request for an oral or paper hearing within 36 hours of receipt of VA notice.

# §17.67. Request for a hearing.


The community residential care facility operator must specify in writing whether an oral or paper hearing is requested. The request for the hearing must be sent to the hearing official. Timely receipt of a request for a hearing will stay the revocation of VA approval until the hearing official issues a written decision on the community residential care facility's compliance with VA standards. The hearing official may accept a request for a hearing received after the time limit, if the community residential care facility shows that the failure of the request to be received by the hearing official's office by the required date was due to circumstances beyond its control.


# §17.68. Notice and conduct of hearing.

- (a) **Upon receipt of a request for an oral hearing, the hearing official shall—**
  - (1) Notify the community residential care facility operator of the date, time, and location for the hearing; and
  - (2) Notify the community residential care facility operator that written statements and other evidence for the record may be submitted to the hearing official before the date of the hearing. An oral hearing shall be informal. The rules of evidence shall not be followed. Witnesses shall testify under oath or affirmation. A recording or transcript of every oral hearing shall be made. The hearing official may exclude irrelevant, immaterial, or unduly repetitious testimony.
- (b) Upon the receipt of a community residential care facility's request for a paper hearing, the hearing official shall notify the community residential care facility operator that written statements and other evidence must be submitted to the hearing official by a specified date in order to be considered as part of the record.
- (c) In all hearings, the community residential care facility operator and VA may be represented by counsel.

# §17.69. Waiver of opportunity for hearing.


If representatives of a community residential care facility which receive a notice of noncompliance under [§ 17.66](/cfr/38/17.66.md) of this part fail to appear at an oral hearing of which they have been notified or fail to submit written statements for a paper hearing in accordance with [§ 17.68](/cfr/38/17.68.md) of this part, unless the hearing official determines that their failure was due to circumstances beyond their control, the hearing official shall:

- (a) Consider the representatives of the community residential care facility to have waived their opportunity for a hearing; and,
- (b) Revoke VA approval of the community residential care facility and notify the community residential care facility of this revocation.

# §17.70. Written decision following a hearing.

- (a) The hearing official shall issue a written decision within 20 days of the completion of the hearing. An oral hearing shall be considered completed when the hearing ceases to receive in person testimony. A paper hearing shall be considered complete on the date by which written statements must be submitted to the hearing official in order to be considered as part of the record.
- (b) The hearing official's determination of a community residential care facility's noncompliance with VA standards shall be based on the preponderance of the evidence.
- (c) The written decision shall include:
  - (1) A statement of the facts;
  - (2) A determination whether the community residential care facility complies with the standards set forth in [§ 17.63](/cfr/38/17.63.md) of this part; and
  - (3) A determination of the time period, if any, the community residential care facility shall have to remedy any noncompliance with VA standards before revocation of VA approval occurs.
- (d) The hearing official's determination of any time period under [paragraph (c)(3)](#c-3) of this section shall consider the safety and health of the residents of the community residential care facility and the length of time since the community residential care facility received notice of the noncompliance.

# §17.71. Revocation of VA approval.

- (a) If a hearing official determines under [§ 17.70](/cfr/38/17.70.md) of this part that a community residential care facility does not comply with the standards set forth in [§ 17.63](/cfr/38/17.63.md) of this part and determines that the community residential care facility shall not have further time to remedy the noncompliance, the hearing official shall revoke approval of the community residential care facility and notify the community residential care facility of this revocation.
- (b) **Upon revocation of VA approval, VA health care personnel shall—**
  - (1) Cease referring veterans to the community residential care facility; and,
  - (2) Notify any veteran residing in the community residential care facility of the facility's disapproval and request permission to assist in the veteran's removal from the facility. If a veteran has a person or entity authorized by law to give permission on behalf of the veteran, VA health care personnel shall notify that person or entity of the community residential care facility's disapproval and request permission to assist in removing the veteran from the community residential care facility.
- (c) If the hearing official determines that a community residential care facility fails to comply with the standards set forth in [§ 17.63](/cfr/38/17.63.md) of this part and determines that the community residential care facility shall have an additional time period to remedy the noncompliance, the hearing official shall review at the end of the time period the evidence of the community residential care facility's compliance with the standards which were to have been met by the end of that time period and determine if the community residential care facility complies with the standards. If the community residential care facility fails to comply with these or any other standards, the procedures set forth in [§§ 17.66-17.71](/cfr/38/17.66-17.71.md) of this part shall be followed.