Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-29 - RULES AND REGULATIONS FOR MATERNITY HOMES › Rule 290-2-29-.28 - Enforcement and Penalties

Current through Rules and Regulations
				filed through June 27, 2024
(1) All adverse actions to enforce the Rules
				and Regulations for Maternity Homes shall be initiated in accordance with the
				Rules and Regulations for Enforcement of Licensing Requirements, Chapter
				290-1-6, and O.C.G.A. §§
				49-5-12,
				49-5-12.1,
				49-2-17 and §
				49-5-60
et seq.
and the requirements set forth herein.
(2) Failure to Apply for License. No
				maternity home shall be operated or residents admitted without a license.
				Failure or refusal to file an application for a license shall constitute a
				violation of Chapter 5 of Title 49 of the Official Code of Georgia Annotated.
				Any person who fails or refuses to file an application for a license shall be
				subject to the penalties provided by law including, but not limited to, an
				order to cease and desist operating a home.
(3) Imposition of Sanctions. The Department
				may refuse to grant a license for the operation of any maternity home which
				does not fulfill the minimum requirements of these rules, may revoke a license
				which has been issued and may invoke other sanctions if a home violates any of
				these rules and regulations. Before any order is entered refusing a license
				applied for, revoking a license, or imposing a civil penalty; the applicant or
				license holder shall be afforded an opportunity for a hearing as provided in
				Article 1 of Chapter 2 of Title 49 and Article 1 of Chapter 5 of Title 49 of
				the Official Code of Georgia Annotated.
(4) No license shall be issued to any
				governing body which has been denied a license by the Department during the
				previous twelve (12) months. No license shall be issued to any governing body
				which has had a license revoked by the Department during the previous twelve
				(12) months.
(5) The Department is
				empowered to institute appropriate proceedings in a court of competent
				jurisdiction for the purpose of enjoining violation of any applicable provision
				of Title 49 of the Official Code of Georgia Annotated, or of these rules and
				regulations.
(6) Inspection
				Warrants. The commissioner or the commissioner's designee may obtain an
				inspection warrant authorizing the commissioner or the commissioner's designee
				to conduct a search or inspection of property either with or without the
				consent of the person whose property is to be searched or inspected if such
				search or inspection is pursuant to the enforcement of rules and regulations
				duly promulgated pursuant to residential child care licensing law.
(7) Plans of Correction. If the Department
				determines that either a maternity home or a facility applying to become
				licensed as a maternity home does not comply with the rules, the Department
				shall provide written notice specifying the rule(s) violated and setting a time
				for the home not to exceed 10 business days within which to file an acceptable
				written plan of correction where the Department has determined that an
				opportunity to correct is permissible. If such plan of correction is determined
				not acceptable to the Department because it does not adequately correct the
				identified violation, the Department will advise the home or facility applying
				to become licensed that the plan of correction is not acceptable. The
				Department may allow the home to submit a revised plan of correction.
(a) The home shall comply with an accepted
				plan of correction.
(b) Where the
				Department determines that either the maternity home or the facility applying
				to become licensed as a maternity home has not filed an acceptable plan of
				correction or has not complied with the accepted plan of correction, the
				Department may initiate an adverse action to enforce these rules.