Ga. Comp. R. & Regs. 290-9-37-.34

Current through Rules and Regulations filed through June 17, 2024

Rule 290-9-37-.34 - Enforcement and Sanctions

The Department may refuse to grant an initial license, revoke a current license, or impose other sanctions as described in these rules and in the rules for the "Enforcement of Licensing Requirements," Chapter 290-1-6.

(a) Denial of an application for a license. The Department may refuse to grant an initial license or provisional license without the requirement of holding a hearing prior to the action. An application for a license may be refused or denied if:

1. The residence has failed to demonstrate compliance with these rules and regulations;

2. The governing body of the residence has had a license denied, revoked, or suspended within one year of the date of a new application;

3. The governing body of the residence has transferred ownership or governing authority of a Community Living Arrangement within one year of the date of the new application when such transfer was made in order to avert denial, suspension, or revocation of a license; or

4. The governing body of the residence has knowingly made any verbal or written false statements of material fact in connection with the application for the license or on documents submitted to the Department as part of any inspection or investigation or in the falsification or alteration of records made or maintained by the residence.

(b) Sanction of a license. The Department may take an action to sanction the Community Living Arrangement license holder, subject to notice and opportunity for a hearing, where the Department finds that the governing body of the Community Living Arrangement has:

1. Knowingly made any verbal or written false statement of material fact either in connection with the application for the license or on documents submitted to the Department as part of any inspection or investigation or in the falsification or alteration of records made or maintained by the residence;

2. Failed or refused, without legal cause, to provide the Department with access to the premises subject to regulation or information pertinent to the initial and continued licensing of the residence;

3. Failed to comply with the licensing requirements of this state; or

4. Failed to comply with the provisions of O.C.G.A. Section 31-2-6 or Rules for the Enforcement of Licensing Requirements, Chapter 290-1-6.

(c) Sanctions may include any one or more of the following:

1. Administration of a public reprimand;

2. Suspension of the license;

3. Prohibition of persons in management or control;

4. Imposition of civil penalties as provided by law; and

5. Revocation of the license.

(d) If the sanction hearing process results in revocation of the license, the license shall be returned to the Department.

(e) The Department may suspend any requirements of these rules and the enforcement of any rules where the Governor of the State of Georgia has declared a public health emergency.

Ga. Comp. R. & Regs. R. 290-9-37-.34

O.C.G.A. Secs. 31-7-1et seq., 37-1-22.

Original Rule entitled "Enforcement and Sanctions" adopted. F. Oct. 24, 2002; eff. Nov. 13, 2002.