Rule 570-38-6-.10 - Required Records(1) Each person or entity licensed as a transportation referral service provider shall be required to (a) maintain a list of all limousine carriers and taxi services that it utilizes to provide transportation services in this state which includes, at a minimum: 1. the name of each limousine carrier or taxi service;2. the license number(s) issued to each limousine carrier or taxi service by the Department;3. the current business address of each limousine carrier or taxi service; and4. the current business telephone number of each limousine carrier or taxi service;(b) provide such list to the Department as a part of the registrant's initial application for a license as a transportation referral service provider as provided for in subparagraph (4)(f)2. of Rule 570-38-6-.03; and(c) Provide a current and updated version of such list every calendar month thereafter for as long as the person or entity retains a license as a transportation referral service provider.(2) Each person or entity licensed as a ride share network service shall be required to maintain a list of all ride share drivers who are enrolled in its network in this state which includes, at a minimum, each ride share driver's: (c) driver's license state and number; and(d) an indication of whether each driver has a current for-hire license endorsement or has passed a current private background check as required by O.C.G.A. § 40-5-39.(3) Each person or entity licensed as a taxi service shall be required to maintain a list of all drivers utilized by such taxi service in this state, whether as employees or independent contractors, which includes, at a minimum, each driver's: (c) driver's license number and state; and(d) an indication of whether each driver has a current for-hire license endorsement or has passed a current private background check as required by O.C.G.A. § 40-5-39.(4) The Department may request to inspect the lists required by paragraphs (1), (2), and (3) of this Rule at any time. Persons and entities requested to make such lists available for inspection are required to respond as soon as reasonably possible, and, absent extenuating circumstances, the requested list shall be made available for inspection within 96 hours of the Department's request.(5) In the event a person or entity is unable to respond to a request under paragraph (4) of this Rule within 96 hours due to extenuating circumstances, the person or entity shall: (a) within 96 hours of the Department's request:1. provide an explanation to the Department of the nature of the extenuating circumstance and the reason for which the person or entity is unable to comply with the request within 96 hours; and2. provide an estimate of the amount of time needed to comply with the Department's request; and(b) still be obligated to comply with the Department's request as soon as reasonably possible.(6) The lists kept for inspection pursuant to paragraphs (2) and (3) of this Rule and the lists provided to the Department pursuant to paragraph (1) of this Rule shall be kept and provided in either:(a) electronic .xlsx. .xls, .docx, or .doc format, or in a comparable electronic and text-searchable format deemed acceptable at the sole discretion of the Department; or(b) a typed and easily legible format deemed acceptable at the sole discretion of the Department.(7) A transportation referral service provider which violates O.C.G.A. § 40-1-198 or the requirements of this Rule shall be required to pay a civil penalty as provided for by O.C.G.A. § 40-1-198(b)after notice and an opportunity for a hearing unless the violator consents in writing to such penalties.(8) Notice under this rule shall be made by certified mail to the most recent address provided by the license holder pursuant to paragraph (4)(b) of Rule 570-38-6-.03 and as updated by Rules 570-38-6-.05 and 570-38-66-.06. If the person or entity is not a license holder, notice shall be made by certified mail to the person or entity's last known address based upon reasonable efforts by the Department to ascertain the person or entity's most current address.(9) A person or entity shall be notified of the Department's decision to assess a civil penalty against that person or entity. Notice shall be made by the method described in paragraph (7) of this Rule.(10) Notice under this rule shall be deemed effective by the earlier of (a) the date upon which delivery by certified mail is made of the notice to the license holder, person, or entity; or(b) three days after notice is sent by certified mail to the license holder, person, or entity.(11) A person or entity shall be entitled to a hearing to contest the assessment of civil penalties under this Subchapter upon written request made within 30 days of the date of notice of assessment of civil penalty.Ga. Comp. R. & Regs. R. 570-38-6-.10
O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-197; 40-1-198.
Original Rule entitled "Required Records" adopted. F. Apr. 21, 2020; eff. May 11, 2020.