Rule 111-8-50-.15 - Administrative HearingAny resident, guardian or representative or administrator who is dissatisfied with the decision of the impartial referee or any resident, guardian or representative who is unable to agree upon an impartial referee, or who be believes that any of his rights under these rules and regulations have been violated, shall have the right to request a hearing from the Department pursuant to the Georgia Administrative Procedure Act O.C.G.A. § 50-13-1et seq. in conjunction with the statute, Long-term Care Facilities: Residents' Bill of Rights O.C.G.A. § 31-8-125.
(a) The Department is authorized to hold such hearings and in the cases of an appeal from the decision of a referee, the Department may hold such hearings by review of the record of the hearing provided by the referee.(b) A person desiring a hearing under this section may request such a hearing in writing to the Department. The request shall include the person's name, the name of the facility and the reason the hearing is requested. The request shall be mailed or delivered to the Department of Community Health.(c) The hearing shall be conducted within 45 calendar days of the receipt by the Department of the request for the hearing. The Department shall send written notice to the administrator and complainant confirming the date, time and location (which shall be the facility unless the resident's medical condition requires a different location) of the hearing. Except where the ombudsman has been unable to resolve the matter at issue, the Department shall refer the complaint to the state or community ombudsman for informal resolution pending the hearing.(d) Except in the event of an emergency situation in which the resident or other residents are subject to imminent and substantial danger that only immediate transfer will reduce, o except in case of nonpayment under subsection .11(2)(c), of these rules and regulations, no transfer shall take place until all appeal rights are exhausted. However, if a resident is transferred before exhaustion of all appeal rights, such resident in no way relinquishes any appeal rights under these rules and regulations.(e) Where two or more residents in a facility allege a common complaint, the Department may, at the resident's request, schedule a common hearing.(f) The decision of the hearing officer shall be made within 30 calendar days from the date of the hearing and shall be based upon whether or not a violation has been found. The decision shall be divided as follows:1. The issues to be decided;2. A summary of any actions already taken;3. The contentions of the parties;4. The findings of the hearing officer including whether a violation has occurred;5. If a violation has occurred, the corrective action to be taken, and the date by which such corrective action shall be taken; and6. The right to appeal the decision to the Superior Court of the county in which the facility is located or as provided otherwise by law.(g) Upon the failure to correct any violations found within the time specified, the Department may impose appropriate civil penalties as provided in .16 of these rules and regulations.Ga. Comp. R. & Regs. R. 111-8-50-.15
O.C.G.A. §§ 31-2-4et seq., 31-8-125 and 31-8-127.
Original Rule entitled "Administrative Hearing" adopted. F. Feb. 20, 2013; eff. Mar. 12, 2013.