Rule 111-8-19-.27 - Enforcement and Penalties(1) When the department finds that any applicant for any license fails to fulfill the requirements of these rules, the department may, subject to notice and opportunity for a hearing, refuse to grant any license (denial); provided, however, that the department shall not be required to hold a hearing prior to taking such action.(2) When the department finds that any licensed program violates any requirements of this chapter, the department may, subject to notice and opportunity for a hearing, suspend or revoke any license. (a) The department may suspend any license for a definite period calculated by it as the period necessary for the facility to implement long-term corrective measures and for the facility to be deterred from lapsing into noncompliance in the future. As an alternative to suspending a license for a definite period, the department may suspend the license for an indefinite period in connection with the imposition of any condition or conditions reasonably calculated to elicit long-term compliance with licensing requirements which the program must meet and demonstrate before it may regain its license.(b) The department may revoke any license, subject to notice and opportunity for hearing, when it determines that the facility is non-compliant with rules and regulations or sanctions previously imposed. If the sanction of license revocation is finally imposed, as defined by a final adverse finding, the department shall effectuate it by requiring the program to return its license to the department. 1. Notification of Action: The program shall notify clients and clients' representatives and family units of the department's actions to revoke the license or seek an emergency suspension of the program's license to operate.2. The official notice of the revocation or emergency suspension action and any final resolution, together with the department's complaint intake phone number and website address, shall be provided to current and prospective clients and to their representatives and family units.3. The program shall ensure the posting of the official notice at the program location in an area that is visible to the clients and to the clients' family units and representatives.4. The program shall ensure that the official notice continues to be visible to the clients and to the clients' representatives and family units throughout the pendency of the revocation and emergency suspension actions, including any appeals.5. The program shall have posted at the program location in an area that is readily visible to the clients and to the clients' representatives and family units any inspection reports that are prepared by the department during the pendency of any revocation or emergency suspension action.6. It shall be a violation of these rules for the program to permit the removal or obliteration of any posted notices of revocation, emergency suspension action, resolution, or inspection survey during the pendency of any revocation or emergency suspension action.7. The department may post an official notice of the revocation or emergency suspension action on its website or share the notice of the revocation or emergency suspension action and any information pertaining thereto with any other agencies that may have an interest in the welfare of the patients in care at the program.8. If the sanction of license suspension is finally imposed, as defined by a final adverse findings, the department shall effectuate it by requiring the program to return its license to the department. Upon the expiration of any period of suspension, and upon a showing by the program that it has achieved compliance with licensing requirements, the department shall reissue the program a license. Where the license was suspended for an indefinite period in connection with conditions for the reissuance of a license, once the program can show that any and all conditions imposed by the department have been met, the department shall reissue the program a license.(3) If the department identifies a violation of these rules, where an opportunity to correct is permissible, the department shall provide written notice specifying the rule(s) violated and setting a time, not to exceed ten (10) working days, within which a program may file an acceptable written plan of correction. If such plan of correction is determined not acceptable to the department because it does not adequately correct the identified violation, the department will advise the program that the plan of correction is not acceptable. The department may permit the program to submit a revised plan of correction.(a) The program shall comply with an accepted plan of correction.(b) Where the department determines that either the program has not filed an acceptable plan of correction or has not complied with the accepted plan of correction, the department may initiate an adverse action to enforce these rules.(4) All actions to enforce the Rules and Regulations for Drug Abuse Treatment and Education Programs shall be administered in accordance with Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," the Rules and Regulations for Enforcement of General Licensing and Enforcement Requirements, Chapter 111-8-25, and O.C.G.A. § 26-5-1et seq. Any request for a hearing in response to any enforcement action undertaken pursuant to this chapter shall be in writing and must be submitted to the department no later than ten (10) calendar days from the date of receipt of any written notice of intent by the department to impose an enforcement action setting forth the proposed action or actions and the basis therefore. The department's notice of intent to impose an enforcement action shall be made within ninety days after an application is submitted or within 90 days of when the grounds for the actions are discovered.(5) The department may suspend any requirements of these rules and the enforcement of any rules where the Governor of the State of Georgia has declared a public health emergency.Ga. Comp. R. & Regs. R. 111-8-19-.27
O.C.G.A. §§ 26-5-6, 26-5-14 to 26-5-16, 31-2-8, 50-13-18.
Original Rule entitled "Enforcement and Penalties" adopted. F. Sep. 9, 2013; eff. Sept. 29, 2013.