Rule 111-8-53-.21 - Enforcement and Penalties(1) When the Department finds that an applicant for a license fails to fulfill the requirements of these rules, the Department may, subject to notice and opportunity for a hearing, refuse to grant the license. The Department is not required to hold a hearing prior to taking such action.(2) When the Department finds that any licensed program violates any requirements of these rules, the Department may, subject to notice and opportunity for a hearing, suspend or revoke the license. (a) License Suspension. 1. The Department may suspend any license for a definite period calculated by 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 that the program must meet and demonstrate before it may regain its license.2. In lieu of a full suspension, the Department, in its discretion, may suspend the authority of the narcotic treatment program to operate a portion of the program, e.g. granting take-home medication privileges or admitting new patients.3. If the sanction of license suspension is finally imposed, as defined by a final administrative decision, the program must return its license to the Department. Upon the expiration of any period of suspension, and upon a showing by the program that it is capable of achieving compliance with licensing requirements, the Department shall reissue the program license. Where the license was suspended for an indefinite period in connection with conditions for the re-issuance 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 license.(b) License Revocation. If the sanction of license revocation is finally imposed, as defined by a final administrative decision, the program must return its license to the Department.(c) Notice. The Department shall provide notice of its actions to revoke the license or seek an emergency suspension of the program's license to operate to patients and to their legal guardians, if any, as follows:1. The notice, together with the Department's complaint intake phone number and website, shall be provided to patients and to their legal guardians, if any, through the following methods: (i) The posting of the official notice of the revocation or emergency suspension action and any final resolution at the program by Departmental staff in an area that is visible to the patients and to their legal guardians, if any;(ii) The posting of the official notice of the revocation or emergency suspension action and any final resolution on the Department's website; and(iii) The distribution by Departmental staff of a brief notice of the initial filing of actions to revoke or suspend the program's license to the patients and to their legal guardians, if any, who are receiving services at the program location at the time that the notice of revocation or emergency suspension is posted by the Department;2. The Department may share any 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;3. When the Department has posted a notice of the revocation and/or emergency suspension actions in the program, the program shall ensure that the notice at the program continues to be visible to the patients and to their legal guardians, if any, throughout the pendency of the revocation and emergency suspension actions including any appeals;4. The program shall have posted at the program in an area that is readily visible to the patients and to their legal guardians, if any, any inspection reports that are prepared by the Department during the pendency of any revocation or emergency suspension action; and5. It shall be a violation of these rules for the program to permit the removal or obliteration of any notices of revocation, emergency suspension action, resolution, or inspection survey reports posted by the Department on the premises of the program during the pendency of any revocation or emergency suspension action.(3) The Department is authorized to take emergency actions against any program when it determines that the public health, safety, or welfare requires such action.(4) All enforcement actions shall be administered in accordance with Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act" and the Rules and Regulations for Enforcement of General Licensing and Enforcement Requirements, Chapter 111-8-25. Any requests for hearings in response to enforcement actions must be in writing and must be submitted to the Department no later than 10 calendar days from the date of receipt of any notice of intent by the Department to impose an enforcement action.Ga. Comp. R. & Regs. R. 111-8-53-.21
O.C.G.A. §§ 26-5-2et seq., 31-2-5, 31-2-7, 50-13-1et seq.
Original Rule entitled "Enforcement and Penalties" adopted. F. Sep. 9, 2013; eff. Sept. 29, 2013.