Rule 290-2-2-.06 - ApplicationsAn application for a license or commission to operate a day care center shall be submitted to the department on the forms provided by the department.** *
(a)Applicant Defined. The individual completing the application for a license or a commission shall be competent and at least eighteen (18) years of age.** * 1. When the center is owned by a sole proprietorship, the individual proprietor shall apply for the license of commission, complete the statement of responsibility and serve as the licensee or commission holder;** *2. When the center is owned by a partnership, the general partners shall apply for the license or commission, complete the statement of responsibility and serve as the licensee or commission holder;** *3. When the center is owned by an association, the governing body of the association shall authorize the application for the license or commission and complete the statement of responsibility and the association shall serve as the licensee or commission holder;** *4. When the center is owned by a corporation, the governing body of the corporation shall authorize the application for the license or commission and complete the statement of responsibility and the corporation shall serve as the licensee or commission holder.** *(b)Time for Filing. An application for a license or commission shall be submitted at least thirty (30) days prior to the proposed opening date of the new day care center.** *(c)Criminal Records Check Required. The director and employees of a center must submit to criminal records checks in connection with any application for a license or commission.** * 1.Preliminary Records Check. Before a license or commission to operate a day care center may be issued there shall be on file with the department:** * (i) A satisfactory preliminary criminal records check determination on the administrator; and** *(ii) A preliminary records check application for all employees.** *2.Ongoing Requirements. Before a person may become a director or an employee in a licensed or commissioned day care facility, the holder of the license or commission shall cause the person to be employed to submit a preliminary records check application to the department.** * (i) No person having an unsatisfactory determination as to his or her criminal record may be a director or employee of a licensed or commissioned center.** *3.Penalties. A license or commission is subject to suspension or revocation and the department may refuse to issue a license or commission if a director or employee does not undergo the records checks applicable to that director or employee and receive a satisfactory determination. A director of a center having an employee whom that director knows, or should reasonably know, to have a criminal record shall be guilty of a misdemeanor.** *(d)Amended License or Commission. If there is to be a change in the name of the program or center, changes in the ages of the children to be served, an increase in the regular hours of operation such that the center would be providing evening or night-time care in addition to day time care, changes in the services provided, additions to or changes in the use of the building by the licensed or commissioned day care center, an application for an amended license or commission shall be submitted at least thirty (30) days prior to the change, except in the case of an emergency, if an emergency situation arises which makes it impossible to give thirty (30) days notice, the management of the center shall notify the department by telephone and shall submit an application for an amended license as soon as management becomes aware of the change that will be necessitated by the emergency situation.** * 1. In no case, however, shall a new owner operate the day care center without first securing a new license or commission from the department.** *(e)Separate Licenses or Commissions. A separate license or commission application is required for each address or location at which a center is proposed to be operated even when all of the proposed centers are owned by the same person or entity. A separate license or commission is also required for each center operated at a single location by the same or different persons or entities.** *(f)Notice of Denial. If the department determines that the applicant does not comply with these rules and determines that the issuance of a temporary or restricted license is not appropriate, the department will provide a written notice of the denial of licensure or commission and the opportunity for a hearing to the applicant.** *(g)False or Misleading Information. The application for a license or commission, including the application for a criminal records check must be truthfully and fully completed. In the event that the department has reason to believe that the application has not been completed truthfully, the department may require additional verification of the facts alleged. The department may refuse to issue a license or commission where false statements have been made in connection with the application or any other documents required by the department.** *(h)Designation as Licensed or Commissioned. No center shall claim to be a licensed or commissioned center unless it has been issued a current and valid license or commission by the department.** *Ga. Comp. R. & Regs. R. 290-2-2-.06
O.C.G.A. Chapter 49-5-12 (1982 and 1982 Supp.); O.C.G.A. Secs. 49-5-3; 49-5-8, 49-5-60et seq.
Original Rule entitled "Nutrition and Food Service" was filed on January 30, 1974; effective February 19, 1974.Amended: Rule repealed and a new Rule entitled "Children's Program" adopted. Filed October 1, 1974; effective October 21, 1974.Amended: Rule repealed and a new Rule entitled "Records" adopted. Filed February 21, 1983; effective March 23, 1983, as specified by the Agency.Repealed: New Rule entitled "Applications" adopted. F. Jan. 18, 1991; eff. Mar. 1, 1991, as specified by the Agency.