Rule 681-12-.05 - Application Subsequent to Revocation of License(1) If the license of a corporation has been revoked, the corporation, the licensee, nor the designated agent, may make application for reinstatement of license for a period of five (5) years, without the approval of the Division; and any facility which the corporation owned or operated may not make application for reinstatement of license for a period of five (5) years unless the person making such application can make an affirmative showing, to the Division's satisfaction, that the person is not acting as the "alter ego" for the revoked corporation.(2) If the license of a partnership has been revoked, the partnership, any of the individual partners, the licensee, nor the designated agent, may make application for reinstatement of the license for a period of five (5) years, without the approval of the Division; and any facility which the partnership owned or operated may not make an application for reinstatement of license for a period of five (5) years unless the person making such application can make an affirmative showing, to the Division's satisfaction, that said person is not acting as the "alter ego" for the revoked partnership.(3) If the license of a sole proprietorship has been revoked, the licensee may not make application for reinstatement of license for a period of five (5) years without the approval of the Division; and any facility which the sole proprietorship owned and operated may not make application for reinstatement of the license for a period of five (5) years unless the person making such application can make an affirmative showing to the Division's satisfaction, that said person is not acting as the "alter ego" for the revoked proprietorship.(4) If the Division has reason to believe that any applicant or any licensee is an "alter ego" of the person who has previously had a license revoked, the Division may investigate, or in the case of an applicant, suspend action involving approval of the application for a reasonable time in order to investigate, whether the applicant or licensee is, in fact, such an "alter ego."(5) If, after notice and opportunity for a hearing as provided in the Administrative Procedures Act, and after adhering to all procedures as called for in the Administrative Procedures Act, the Division shall determine that an applicant or licensee is the "alter ego" of a person who has previously had a license revoked, the Division may refuse to license the applicant or may revoke the license of a licensee.Ga. Comp. R. & Regs. R. 681-12-.05
O.C.G.A. Secs. 43-47-6, 43-47-8.
Original Rule entitled "Application Subsequent to Revocation of License" adopted. F. Dec. 8, 1995; eff. Dec. 28, 1995.