Rule 112-4-.01 - Suspension or Withdrawal of Certificate(1) The Council shall have authority to suspend or withdraw a certified coroner or certified deputy coroner under this rule pursuant to O.C.G.A. 45-16-65 upon a determination by the Council that the certified coroner or certified deputy coroner has:(a) Failed to obtain the required amount of annual training hours as provided in the Rules and Regulations of the Council. It shall be incumbent upon the certified coroner or certified deputy coroner to demonstrate to the satisfaction of the Council that he meets all annual training requirements.(b) Committed a crime involving moral turpitude. The conviction of a crime involving moral turpitude shall be conclusive of the commission of such crime.(c) Been convicted of a felony in the courts of this state or any other state, territory, country, or of the United States.(d) Been convicted of any criminal offense under the laws of this state, the United States, or any other state involving the manufacture, distribution, trafficking, sale or possession of a controlled substance or marijuana.(e) Become unable to perform as a coroner or deputy coroner with reasonable skill and safety to citizens by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. As used in this paragraph, the term "conviction of a felony" shall include a conviction of an offense which if committed in this state would be deemed a felony under either state or federal law without regard to its designation elsewhere. As used in this paragraph, the term "conviction" shall include a finding or a verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding.(2) If the Council has cause to believe that the certification of a coroner or deputy coroner should be suspended or withdrawn for a reason stated in Paragraph (1), the Council shall send a letter to the coroner or deputy coroner by certified mail to the last address of record in said coroner's or deputy coroner's application file. Such letter shall include the following:(a) A statement of the facts asserted which support the suspension or withdrawal of certification;(b) A statement of the rule the coroner or deputy coroner has allegedly violated; and(c) Notice that a hearing request should be directed to the secretary of the Council. A request for hearing is a clear written expression by the affected party or authorized representative on his behalf to the effect that he wants the opportunity to contest his case. Said written expression shall be made within fifteen (15) calendar days of receipt of notice of adverse action. The purpose of the hearing shall be to give the coroner or deputy coroner an opportunity to appear before hearing officer to present any evidence relative to the retention of his or her certification. If no request for a hearing is received within the time period allowed, the Council shall issue a final decision withdrawing or suspending certification of the coroner or deputy coroner and advising the coroner or deputy coroner that he must cease and desist the performance of duties of coroner or deputy coroner. Once a final decision to withdraw or suspend certification of a coroner or deputy coroner, a certified letter will be sent to the same. A request for hearing shall be made within 15 days of receipt of the final decision letter. If no response for a hearing is made within ten (10) working days, the training Council shall view the lack of a response as a forfeiture of certification.Ga. Comp. R. & Regs. R. 112-4-.01
O.C.G.A. Secs. 16-13-5, 45-2-1, 45-16-1, 45-16-6, 45-16-65, 45-16-66, 50-13-18.
Original Rule entitled "Suspension or Withdrawal of Certification" adopted. F. Nov. 17, 1993; eff. Dec. 7, 1993.Repealed: New Rule of same title adopted. F. May 10, 1994; eff. May 30, 1994.Amended: F. November 12, 1997; eff. December 2, 1997.Amended: F. July 14, 2006; eff. August 3, 2006.Amended: F. Jan. 9, 2008; eff. Jan. 29, 2008.