Rule 290-2-5-.06 - Applications(1) An application for a license to operate an institution shall be submitted to the department on the forms provided by the department. (a) Time for Filing. An application for a license shall be submitted at least thirty (30) days prior to the proposed opening date of the new institution.(b) Records Check and Preliminary Records Check Applications. Accompanying any application for a new license for an institution, the applicant shall furnish to the department a records check application for the owner and director and a preliminary records check application for each employee, if applicable as defined in these rules.(c) Separate Licenses or Commissions. A separate license or commission application is required for each geographical location which an institution is proposed to operate even when all of the proposed institutions are owned by the same person or entity.(d) Amended License. If there is to be a change in the name of the institution, change in ownership, changes in the ages of children to be served, or additions or changes in the uses of the buildings that will affect the facility's licensed capacity, an application for an amended license shall be submitted at least thirty (30) days prior to the changes or additions, except in cases of emergencies. In such cases of emergencies, which make it impossible to submit an application within thirty (30) days, the governing body or director shall notify the department by telephone and shall submit an application for the amended license as soon as the governing body or the director becomes aware of the change or addition.(e) 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 and the opportunity for a hearing to the applicant.(f) False or Misleading Information. The application for a license including the application for a criminal history background check must be truthfully and fully completed. In the event that the department has reason to believe that any required application has not been completed truthfully, the department may require additional verification of the facts alleged. The department may refuse to issue a license where false statements have been made in connection with the application or any other documents required by the department.(g) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of the application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulations by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license.(h) An institution shall not begin operation without departmental approval.Ga. Comp. R. & Regs. R. 290-2-5-.06
O.C.G.A. §§ 49-5-12, 49-5-60.
Original Rule entitled "Finances" adopted. F. Oct. 1, 1974; eff. Oct. 21, 1974.Repealed: New Rule entitled "Reports to the Division for Children and Youth" adopted. F. Aug. 26, 1975; eff. Sept. 15, 1975.Repealed: New Rule entitled "Applications" adopted. F. June 30, 1994; eff. August 1, 1994, as specified by the Agency.Repealed: New Rule of same title adopted. F. June 5, 2007; eff. June 25, 2007.Repealed: New Rule of same title adopted. F. Jan. 24, 2008; eff. Feb. 13, 2008.Amended: F. Dec. 7, 2020; eff. Jan. 1, 2021, as specified by the Agency.