Rule 111-8-47-.21 - Provisional Permits(1) Provisional permits may be granted to the governing body of a newly established home to demonstrate operational procedures in satisfactory compliance.(2) A provisional permit may be granted to the governing body of an existing home to demonstrate operational procedures in satisfactory compliance.(3) Provisional permits granted to allow a reasonable time to demonstrate satisfactory compliance of operational procedures shall be limited to a period of not more than six (6) months.(4) A provisional permit may be granted to the governing body of an existing home to give reasonable time to comply with regulations and standards which relate to the structural or physical condition of the home.(5) No provisional permits shall be granted to the governing body of a newly established home which is in substantial noncompliance with rules, regulations and standards relating to the structural or physical condition of the home. Provisional permits granted to allow time for correction of structural or physical conditions shall not exceed twelve (12) months.(6) A provisional permit shall not be issued when there are noncompliances of any type which present an immediate hazard to the life, health or safety of the patients.(7) No provisional permit shall be granted to an existing home unless the governing body shall first present to the Commissioner a plan of improvement which shall list each noncompliance to be corrected, the time required to demonstrate acceptable operational procedures or to correct noncompliances which relate to the structural or physical condition of the home and the means, methods and procedures to be used in the correction of the noncompliances.(8) The governing body of a home operating under a provisional permit may petition the Department for an extension of time if needed to correct noncompliances where the failure to make such corrections within the time allotted is an extenuating circumstance beyond the control of the governing body. Such petitions shall be submitted to the Department at least thirty (30) days prior to expiration date of the provisional permit.Ga. Comp. R. & Regs. R. 111-8-47-.21
Ga. L. 1964, pp. 507, 612, as amended by Ga. L. 1969, p. 715 et seq., Ga. L. 1972, p. 1015 et seq., O.C.G.A. §§ 31-2-4et seq., 31-7-1et seq.
Original Rule entitled "Provisional Permits" adopted. F. Jan. 27, 2017; eff. Feb. 16, 2017.