Rule 290-2-2-.07 - Inspections and InvestigationsThe department is authorized and empowered to conduct investigations and on-site inspections of any day care center required by these rules to be licensed or commissioned. The proposed and current licensee or commission holder and staff shall cooperate with any inspection or investigation by responding truthfully to any legitimate departmental inquiry.** *
(a)Initial Inspection. Following receipt and review of the complete application package, the department may conduct an on-site inspection of the center to assess compliance with these rules.** *(b)Consent to Entry. An application for a license or commission to operate a day care center or the issuance of a license or commission by the department constitutes consent by the applicant, the proposed holder of the license or commission and the owner of the premises for the department's representative, after displaying identification to any center staff, to enter the premises at any time during operating hours for the purpose of inspecting the facility, including both scheduled and unscheduled inspections and includes consent for meaningful access to all staff, parts of the premises, all children present, and all records required by these rules. The department shall have the right to photocopy or reproduce by any means any record required by these rules to be maintained and as needed for any inspection or investigation.**(c)Other Inspections. The department may conduct on-site inspections of a center in the following instances:**1. annually or at other regular intervals as the department may determine or at the expiration of the current license or commission; or**2. upon receiving a report alleging child abuse, neglect or deprivation which occurred while the child was in the care of the center director or employees; or**3. upon receiving a complaint concerning the center which could endanger the health, safety or welfare of the children in care; or**4. upon receipt and review of a request for an amended license or commission, where the department determines that an on-site inspection is advisable; or**5. upon the department or its duly authorized representative being made aware of any flagrant abuses, derelictions or deficiencies during the course of the department's inspection or at any other time. The department shall immediately investigate such matters and may make an on-site inspection so as to take such actions as conditions may require; or**6. subsequent to the receipt of a plan of correction, as determined necessary by the department, to monitor whether the plan of correction is being complied with by the center personnel.**(d)Failure to Allow Access. Failure to allow access of the department's representative to the center, center staff, or the children receiving care at the center, or the records required by these rules or failure to cooperate with a departmental inspection or investigation shall constitute good cause for the denial, restriction, revocation or suspension of a license or commission.** *(e)False or Misleading Statements. No licensee or commission holder shall make or condone any employee making false or misleading statements to the department in connection with any authorized investigation of inspection being conducted by the department.** *Ga. Comp. R. & Regs. R. 290-2-2-.07
O.C.G.A. Chapter 49-5-12 (1982 and 1982 Supp.); O.C.G.A. Sec. 49-5-8.
Original Rule entitled "Equipment" was filed on January 30, 1974; effective February 19, 1974.Amended: Rule repealed and a new Rule entitled "Nutrition and Food Service" adopted. Filed October 1, 1974; effective October 21, 1974.Amended: Rule repealed and a new Rule entitled "Children's Activities" adopted. Filed February 21, 1983; effective March 23, 1983, as specified by the Agency.Repealed: New Rule entitled "Inspections and Investigations" adopted. F. Jan. 18, 1991; eff. Mar. 1, 1991, as specified by the Agency.