Rule 570-38-7-.10 - Suspension or Revocation of NCT Permit(1) A NCT permit issued pursuant to this Subchapter may be suspended or revoked by the Department for any reason authorized by law and as required to ensure compliance with this Chapter.(2) Except where otherwise provided for by law, prior to suspension or revocation of a permit pursuant to paragraph (1) of this Rule, the permit holder shall be provided notice and an opportunity for a hearing. Notice shall be made by certified mail to the most recent address provided by the permit holder in their application for a permit, renewal of a permit, or a replacement permit.(3) A permit holder shall be notified of the Department's decision to suspend or revoke a permit by certified mail to the most recent address provided by the permit holder in their application for a permit, renewal of a permit, or a replacement permit. (4) 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; or(b) three days after notice is sent by certified mail to the license holder.(5) A permit holder shall be entitled to a hearing to contest the suspension or revocation of their permit under this Subchapter upon written request made within 30 days of the date of notice of suspension or revocation.(6) Suspensions and revocations of permits pursuant to this Rule shall become effective immediately upon the effective date of notice of the suspension or revocation to the permit holder and shall remain in effect during any hearing, appeal, or review of the Department's decision to suspend or revoke the permit, except as otherwise required by law and as otherwise ordered by the Department.(7) Except as otherwise provided in this Subchapter, the permit of a permit holder which is suspended for a fixed period of time pursuant to this rule shall automatically become reinstated without any further action needed by the permit holder upon the date or following the term specified by the Department in the order suspending the permit.(8) Paragraph (7) of this Rule notwithstanding, (a) if a permit becomes expired during a term of suspension, it shall remain expired until the permit holder complies with the renewal requirements of Rule 570-38-7-.05; and(b) if a subsequent order is issued by the Department which pertains to the permit or suspension of a permit in question, that order shall control.Ga. Comp. R. & Regs. R. 570-38-7-.10
O.C.G.A. §§ 40-1-54; 44-1-13.
Original Rule entitled "Suspension or Revocation of NCT Permit" adopted. F. Apr. 21, 2020; eff. May 11, 2020.