reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-9 - CONTROL AND REMOVAL OF HONEYBEES FROM STRUCTURES › Rule 620-9-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) Honeybee
			 Control and Removal-means the control and removal of an established colony of
			 honeybees from a structure by a Certified Honeybee Control and Removal Operator
			 without the use of pesticides.
(2)
			 Certified Honeybee Control and Removal Operator-means a person who engages in
			 the business of honeybee control and removal without the use of
			 pesticides.
(3) Structure-means any
			 building, regardless of design or type of material used in its construction,
			 whether public or private, vacant or occupied, and adjacent outside
			 areas.
(4) Cavity-means any area
			 within elements of construction of a structure that provides honeybees space
			 for residence.
(5) Established
			 honeybee colony-means any colony of honeybees that has established a nest in a
			 cavity within a structure.
(6)
			 Free-hanging swarm-means a mass of honeybees which temporarily cluster on an
			 object.
(7) Open air hive-means a
			 honeybee colony nest whose removal does not require modification or alternation
			 of the structure.
(8) Cut-out-means
			 any act, process, or method of removing an established honeybee colony from
			 within a cavity that involves alternation to the structure.
(9) Trap-out-means any act, process, or
			 method of removing honeybees by restricting their reentry leading them to
			 abandon the next.
(10) Under the
			 Direct Supervision of-means a competent person who engages in Honeybee Control
			 and Removal acting under the instructions and control of a Certified Honeybee
			 Control and Removal Operator that is present on site during the removal
			 job.
O.C.G.A.
				§
										43-45-8.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-9 - CONTROL AND REMOVAL OF HONEYBEES FROM STRUCTURES › Rule 620-9-.02 - General Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Control and removal of honeybees from a
			 structure must be made consistent with the following:
a. The use of any "pesticide" as defined in
			 Rule  620-2-.01(z), to control, remove, or eliminate honeybees in, on, or under
			 a structure shall be considered household pest control.
b. The use of any "pesticide" as defined in
			 Rule  620-2-.01(z), to control, remove, or eliminate honeybees in, on, or under
			 a structure is prohibited unless the licensee holds a Household Pest Control
			 license.
c. "Honeybee control and
			 removal" is limited to the control and removal of honeybees. The control,
			 removal, or elimination of other types of bees requires a Household Pest
			 Control license as defined in Rule  620-2-.01(s).
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-9 - CONTROL AND REMOVAL OF HONEYBEES FROM STRUCTURES › Rule 620-9-.03 - Exceptions

Current through Rules and Regulations filed through June 27, 2024
(1) Persons working
			 under the direct supervision of a Certified Honeybee Control and Removal
			 Operator.
(2) Removal of
			 free-hanging swarms.
O.C.G.A.
				§
										43-45-8.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-10 - REPEALED › Rule 620-10-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1955, pp. 564,
				568; Ga. L. 1957, pp. 299, 301; Ga. L. 1960, pp. 813,
				817.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-10 - REPEALED › Rule 620-10-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1955, pp. 564,
				568; Ga. L. 1957, pp. 299, 301; Ga. L. 1960, pp. 813,
				817.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-11 - TREATMENT OF SCHOOLS › Rule 620-11-.01 - Treatment of Schools

Current through Rules and Regulations filed through June 27, 2024
(1) Pesticide applications may be made to
			 schools consistent with the following:
(a)
			 All pesticide applications shall be made in a manner that minimizes the
			 exposure of children or students to the pesticide.
(b) Pesticide application may be made to a
			 room only if children or students are not expected to be present in the room
			 for a minimum of three (3) hours after application. If the products label
			 directions specify a longer reentry interval then the longer reentry interval
			 shall apply except as specified in Rule
			  620-11-.01(1)(c).
(c) Insecticide baits and rodenticide baits
			 in tamper-resistant containers or bait stations as well as botanical
			 insecticides, insect growth regulators and insecticidal soaps may be applied at
			 any time children or students are not present in a room. No reentry interval is
			 required except if specified by the products label directions. These products
			 may be applied to any open area or multi-purpose room if the area within ten
			 (10) feet of the location is secured and no children or students are present
			 within the secured area during the time of application.
(d) Pesticide applications may be made to
			 outdoor school grounds if children or students are not expected to be present
			 within twenty (20) feet of the application site at the time of application
			 except as specified in Rule
			  620-11-.01(1)(e).
			 These areas must be clearly marked to discourage entry, and secured by a fence
			 or other similar barrier stating the reentry interval. If the application site
			 is not secured by a fence or other similar barrier, pesticide applications may
			 be made to an outdoor school grounds only if children or students are not
			 expected to be in the area for a minimum of three (3) hours after application.
			 If the products label directions specify a longer reentry interval then the
			 longer reentry interval shall apply except as specified in Rule
			  620-11-.01(1)(c).
			 Such areas shall be clearly marked to discourage entry. All signs required by
			 this section to discourage entry shall be consistent with the requirements of
			 Rule  620-3-.02(1)(l)2.
(e) Insecticide baits and rodenticide baits
			 in tamper resistant containers or bait stations as well as botanical
			 insecticides, insect growth regulators and insecticidal soaps may be applied to
			 outdoor school grounds anytime children or students are not present in the
			 area. No reentry interval is required except if specified by the products label
			 directions.
(f) All pesticide use
			 dilutions must be prepared outside child or student occupied areas of
			 buildings.
(g) All contracts for
			 pest control service and all services provided must be consistent with any
			 published pest management policy of that school system or licensed child
			 daycare facility.
Compilation of Rules and Regulations of the State of Georgia › Department 622 - SUBSEQUENT INJURY TRUST FUND › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
The
Administrative History
following each Rule gives
			 the date on which the Rule was originally filed and its effective date, as well
			 as the date on which any amendment or repeal was filed and its effective date.
			 Principal abbreviations used in the Administrative History are as
			 follows:
f. -- filed
eff. -- effective
R. -- Rule (Abbreviated only at the beginning of the control
			 number)
Ch. -- Chapter (Abbreviated only at the beginning of the control
			 number)
ER. -- Emergency Rule
Rev. -- Revised
Note: Emergency Rules
are listed in each Rule's
			 Administrative History by Emergency Rule number, date filed and effective date.
			 The Emergency Rule will be in effect for 120 days or until the effective date
			 of a permanent Rule covering the same subject matter superseding this Emergency
			 Rule is adopted, as specified by the Agency.
Chapter 622-1 entitled "Organization and Administration" has been
			 adopted. Filed May 26, 1987; effective June 15, 1987.
Rules
			  622-1-.04(1)  and
			  622-1-.06(1)  have been amended. Filed December 20, 1990; effective January 9, 1991.
Rule
			  622-1-.05  has been repealed and a
			 new Rule adopted. Filed September 9, 1993; effective September 29, 1993.
Rules
			  622-1-.03,  .06, 
			  .07,
			  .08  have
			 been amended. Filed June 22, 1995; effective July 12, 1995.
Rule
			  622-1-.06  has been amended. Filed
			 May 31, 1996; effective June 20, 1996.
Rules
			  622-1-.04  and  .07  have been
			 amended. Filed September 12, 1997; effective October 2, 1997.
Rule
			  622-1-.06  has been amended. Filed
			 May 29, 1998; effective June 18, 1998.
Rule
			  622-1-.03  has been amended. Filed
			 November 18, 1998; effective December 9, 1998.
Rules
			  622-1-.04  and  .06  have been
			 amended. Filed June 21, 2000; effective July 11, 2000.
Rules
			  622-1-.05  and  .06  have been
			 amended. Filed March 18, 2002; effective April 7, 2002.
Rule
			  622-1-.06  has been amended. Filed
			 December 11, 2002; effective December 31, 2002.
Compilation of Rules and Regulations of the State of Georgia › Department 622 - SUBSEQUENT INJURY TRUST FUND › Chapter 622-1 - ORGANIZATION AND ADMINISTRATION › Rule 622-1-.01 - Board of Trustees

Current through Rules and Regulations filed through June 27, 2024
The organization of the Board of Trustees of the Subsequent
				Industry Trust Fund shall be as follows:
(a) Meetings are to be held at least
			 quarterly.
(b) Special meetings can
			 be held upon reasonable notice in writing to Board Members by the Chairman or
			 any two voting members.
(c) Three
			 voting members must be present to constitute a quorum for conducting
			 business.
(d) Time, place, names of
			 those present, all official action of the Board, and when requested, a member's
			 approval or dissent with reasons shall be recorded in the Minutes.
(e) The Administrator shall cause the Minutes
			 to be transcribed and presented for approval or amendments at the next regular
			 meeting.
(f) Minutes, or a true
			 copy, shall be open for inspection during regular office hours.
O.C.G.A. Sec.
				  34-9-354(d).
Compilation of Rules and Regulations of the State of Georgia › Department 622 - SUBSEQUENT INJURY TRUST FUND › Chapter 622-1 - ORGANIZATION AND ADMINISTRATION › Rule 622-1-.02 - Cost of Administration: Budget

Current through Rules and Regulations filed through June 27, 2024
(1) The operating
			 budget of the Subsequent Injury Trust Fund shall be computed on a fiscal year
			 basis, and the Subsequent Injury Trust Fund's fiscal year shall be the same as
			 the fiscal year for the State of Georgia.
(2) The Administrator shall submit to the
			 Board, of Trustees a proposed budget covering the cost of administration of the
			 Fund for each fiscal year. This budget should be submitted no later than the
			 third quarter of the fiscal year preceding the fiscal year in the proposed
			 budget. The budget shall be reviewed by the Board of Trustees at the quarterly
			 Board meeting corresponding with the third quarter and submitted to the Office
			 of Planning & Budget for comment. This budget proposal should be returned
			 to the Board of Trustees by the Office of Planning & Budget within a
			 reasonable time to enable implementation of the budget by the Board of
			 Trustees.
O.C.G.A. Sec.
				  34-9-354(d).
Compilation of Rules and Regulations of the State of Georgia › Department 622 - SUBSEQUENT INJURY TRUST FUND › Chapter 622-1 - ORGANIZATION AND ADMINISTRATION › Rule 622-1-.04 - Filing Claims Against the Subsequent Injury Trust Fund

Current through Rules and Regulations filed through June 27, 2024
(1) An employer or insurer shall notify the
			 administrator of the Subsequent Injury Trust Fund of any possible claim against
			 the Fund as soon as practical, but in no event later than Seventy-Eight (78)
			 calendar weeks following the injury or the payment of an amount equivalent to
			 Seventy-Eight (78) weeks of income or death benefits, whichever occurs last.
			 Notification shall be in writing, transmitted on the facsimile machine, or
			 transmitted electronically and shall be effective on the date of receipt of the
			 notice by the Subsequent Injury Trust Fund. The employer or insurer must submit
			 or electronically transmit Subsequent Injury Trust Fund Form "A", referred to
			 as "Notice of Claim." In addition, the employer or insurer must provide the
			 following:
(a) Employer's knowledge statement
			 pursuant to Rule
			  622-1-.05  of the Rules and
			 Regulations of the Subsequent Injury Trust Fund;
(b) Documentation supporting merger between
			 the subsequent injury and prior impairment; and
(c) Proof of payment of weekly income
			 benefits to the injured employee in excess of 104 weeks and/or payments for
			 medical benefits in excess of $5,000.00.
(d) The required format to complete the above
			 will be available from the Subsequent Injury Trust Fund or its
			 website.
Compilation of Rules and Regulations of the State of Georgia › Department 622 - SUBSEQUENT INJURY TRUST FUND › Chapter 622-1 - ORGANIZATION AND ADMINISTRATION › Rule 622-1-.05 - Employer's Knowledge Statement

Current through Rules and Regulations filed through June 27, 2024
The employer is required to submit a notarized knowledge
				affidavit containing information outlined in the following format:
Click here
				to view image
NOTICE TO EMPLOYER: If this document is pre-prepared and
				submitted to you for signature, carefully review this document to make sure the
				information outlined is consistent with your knowledge of the prior impairment.
				I, the undersigned employer representative, hereby provide the above
				information under oath.
Click here
				to view image
INSTRUCTIONS
1. The
			 affiant must be someone who has firsthand knowledge of the worker's
			 pre-existing condition such as an individual in an executive, personnel, or
			 personnel-advisory capacity, or, if an employer is subject to the Americans
			 With Disabilities Act, the designated custodian of (medical) records.
2. Attach any documentation or records that
			 were in the employer's possession prior to the subsequent injury. If you attach
			 documents, these must be accompanied by certification on employer's letterhead
			 that said documents were contained in the employer's files. Any reports
			 specifically referred to in the affidavit must be attached and
			 certified.
3. The employer should
			 identify the actual date of knowledge of the prior impairment.
4. The employer, if possible, should list any
			 individuals either currently or formerly working for the employer who may have
			 firsthand knowledge of the employee's pre-existing disability.
a. _____________ ________________
			 _______________
Name Address Telephone No.
b. _____________ ________________
			 _______________
Name Address Telephone No.
c. _____________ ________________
			 _______________
Name Address Telephone No.
Compilation of Rules and Regulations of the State of Georgia › Department 622 - SUBSEQUENT INJURY TRUST FUND › Chapter 622-1 - ORGANIZATION AND ADMINISTRATION › Rule 622-1-.06 - Procedures for Payment of Reimbursement Benefits by the Fund

Current through Rules and Regulations filed through June 27, 2024
(1) In order to establish payment for
			 reimbursement benefits from the Subsequent Injury Trust Fund,
(a) An agreement setting forth factual
			 information establishing the employer's right to reimbursement must be
			 accomplished by the use of Subsequent Injury Trust Fund Form "B", referred to
			 as "Reimbursement Agreement." This Agreement will be initiated by the
			 Subsequent Injury Trust Fund and forwarded to the employer or insurer for
			 signature. The Agreement must be approved by the State Board of Workers'
			 Compensation.
(b) The employer will
			 be required to submit an itemized statement of weekly income benefits paid to
			 the injured employee. In addition, an itemized statement of medical benefits
			 paid on behalf of the claimant must be submitted to the Subsequent Injury Trust
			 Fund, along with providers' charges or a fee schedule audit. An employer or
			 insurer who can provide a certified counterpart of its electronically generated
			 or computer-generated pay document which identifies payment date, provider
			 service, treatment (CPT) codes, and the amount paid, may be relieved from the
			 requirement of providing the Subsequent Injury Trust Fund with copies of
			 providers' charges. The Subsequent Injury Trust Fund may require narrative
			 reports when deemed reasonably necessary by the Subsequent Injury Trust Fund.
			 However, where the reimbursement request is based on documented, future medical
			 and rehabilitation expenses which have been paid by the self-insured employer
			 or insurer in accordance with a settlement agreement which provides that said
			 funds will be set aside in a trust or similar funding mechanism consistent with
			 federal laws and/or regulations; and, that said funds will be used solely for
			 medical and rehabilitation expenses, the Subsequent Injury Trust Fund is
			 authorized to reimburse such funds set aside in accordance with the usual and
			 customary charges of the anticipated medical and rehabilitation
			 expenses.
(c) Weekly income
			 benefits and medical benefits reimbursement requests will be outlined on
			 Subsequent Injury Trust Fund Form "C", referred to as "Reimbursement Request
			 Form." No reimbursement will be made unless a Reimbursement Request form is
			 completed and signed by the claiming party. The employer or his insurer is
			 required to attest to their efforts to assure that the injured employee is
			 entitled to receive, or to continue to receive workers' compensation benefits.
			 Failure to comply with this regulation may subject the claim to a denial of
			 reimbursement benefits. After the initial fund payment, reimbursement requests
			 may be made in 13- week intervals.
Compilation of Rules and Regulations of the State of Georgia › Department 622 - SUBSEQUENT INJURY TRUST FUND › Chapter 622-1 - ORGANIZATION AND ADMINISTRATION › Rule 622-1-.07 - Settlements Subsequent to Reimbursement Agreements

Current through Rules and Regulations filed through June 27, 2024
After the employer/insurer and the administrator of the
				Subsequent Injury Trust Fund reach an agreement with respect to reimbursement
				and the reimbursement agreement is approved by the State Board of Workers'
				Compensation, the employer/insurer shall keep the administrator of the
				Subsequent Injury Trust Fund informed as to any settlement discussion with the
				employee. The employer/insurer shall obtain the approval of the Subsequent
				Injury Trust Fund administrator on all settlements entered into for the
				employer.
O.C.G.A. Sec.
				  34-9-354(d),
Compilation of Rules and Regulations of the State of Georgia › Department 622 - SUBSEQUENT INJURY TRUST FUND › Chapter 622-1 - ORGANIZATION AND ADMINISTRATION › Rule 622-1-.08 - Fund Not Bound as to Certain Matters

Current through Rules and Regulations filed through June 27, 2024
Where the Subsequent Injury Trust Fund has been placed on
				notice of a potential claim against the Fund, the employer/insurer shall keep
				the Fund advised and cooperate with the administrator or his designee while
				defending the claim. Where the administrator or his designee acknowledges in
				writing that the Fund does not raise an objection to the manner in which the
				claim is defended or resolved, the Fund will not raise Code Section
				  34-9-366 as a defense to
				reimbursement liability by the Fund; provided, however, that the Fund reserves
				the right to intervene where the administrator or his designee deems it
				appropriate.
O.C.G.A. Sec.
				  34-9-354(d).
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
The
Administrative History
following each Rule gives
			 the date on which the Rule was originally filed and its effective date, as well
			 as the date on which any amendment or repeal was filed and its effective date.
			 Principal abbreviations used in the Administrative History are as
			 follows:
f. - filed
eff. - effective
R. - Rule (Abbreviated only at the beginning of the control
			 number)
Ch. - Chapter (Abbreviated only at the beginning of the control
			 number)
ER. - Emergency Rule
Rev. - Revised
Note: Emergency Rules
are listed in each Rule's
			 Administrative History by Emergency Rule number, date filed and effective date.
			 The Emergency Rule will be in effect for 120 days or until the effective date
			 of a permanent Rule covering the same subject matter superseding this Emergency
			 Rule is adopted, as specified by the Agency.
Chapters 665-1-1 entitled "General", 665-1-2 entitled
			 "Administrative Procedures", 665-2-1 entitled "General", 665-2-2 entitled
			 "Procurement Requests", 665-2-3 entitled "Specifications", 665-2-4 entitled
			 "Procurement Authorization and Procedures", 665-2-5 entitled "Rejection of
			 Offers", 665-2-6 entitled "Inspection and Testing", 665-2-7 entitled
			 "Guarantees and Warranties", 665-2-8 entitled "Contracts", 665-2-9 entitled
			 "Partial and Multiple Awards", 665-2-10 entitled "Waiver of Competition",
			 665-2-11 entitled "Miscellaneous Provisions", 665-2-12 entitled "Exemptions,
			 Emergencies, and Special Delegations", 665-2-13 entitled "Records" have been
			 adopted. Filed April 16, 2001; effective May 6, 2001.
Rules
			  665-1-2-.02  and
			  665-2-1-.02  have been repealed and
			 new Rules adopted. Rules
			  665-2-11-.07,  .08,
			  .09  have been adopted. Filed August
			 10, 2001; effective August 30, 2001.
Rule
			  665-2-11-.10  has been repealed and
			 a new Rule adopted. Rules
			  665-2-11-.12  to
			  .15  have been adopted. Filed June
			 25, 2004; effective July 15, 2004.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-1 - GENERAL APPLICABILITY › Subject 665-1-1 - GENERAL › Rule 665-1-1-.01 - General Definitions

Current through Rules and Regulations filed through June 27, 2024
The following definitions shall apply generally to all rules
				 and regulations of the Georgia Technology Authority:
(a) "Georgia Technology Authority,"
				"Authority," or "GTA" means the Georgia Technology Authority as established in
				Code Section
				  50-25-1
et
				seq.
Unless specifically stated otherwise, the obligations, duties,
				and responsibilities of the Georgia Technology Authority contained within these
				rules may be executed by the CIO and Executive Director of the Georgia
				Technology Authority or his/her designee.
(b) "Board" means the board of directors for
				the Georgia Technology Authority.
(c) "Chief information officer" or "CIO"
				means the chief information officer of the State of Georgia provided for by
				Code Section
				  50-25-5.1.
(d) "Private sector" means any
				non-government, privately or publicly owned entity.
(e) "Technology" or technology resources"
				means hardware, software, and communications equipment, including, but not
				limited to, personal computers, mainframes, wide and local area networks,
				servers, mobile or portable computers, peripheral equipment, telephones,
				wireless communications, public safety radio services, facsimile machines,
				technology facilities including but not limited to, data centers, dedicated
				training facilities, and switching facilities, and other relevant hardware and
				software items as well as personnel tasked with the planning, implementation,
				and support of technology. Related consulting services shall also be included
				within this definition.
O.C.G.A. Sec.
				  50-25-1.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-1 - GENERAL APPLICABILITY › Subject 665-1-1 - GENERAL › Rule 665-1-1-.02 - Forms

Current through Rules and Regulations filed through June 27, 2024
All forms referred to in these Rules are hereby incorporated
				 and made a part of these Rules. Said forms may be obtained from the Georgia
				 Technology Authority, 100 Peachtree Street, Suite 2300, Atlanta, Georgia
				 30303-3404.
O.C.G.A. Sec.
				  50-25-7.3.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-1 - GENERAL APPLICABILITY › Subject 665-1-2 - ADMINISTRATIVE PROCEDURES › Rule 665-1-2-.01 - Promulgation, Amendment, or Repeal of Rules

Current through Rules and Regulations filed through June 27, 2024
Promulgation, amendment, or repeal of all Rules in these
				 chapters may be proposed, published and adopted by approval of a majority vote
				 of the members present. All such actions under this section shall be in
				 conformity with the purposes and provisions set forth under O.C.G.A. §
									50-25-1
et
				 seq.
O.C.G.A. Secs.
				  50-25-1
et
				 seq.
,  50-25-7.3.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-1 - GENERAL APPLICABILITY › Subject 665-1-2 - ADMINISTRATIVE PROCEDURES › Rule 665-1-2-.02 - Mandatory Compliance Required

Current through Rules and Regulations filed through June 27, 2024
Mandatory compliance with these rules and regulations
				 promulgated by the Authority is required. However, in GTA's sole discretion, no
				 proceeding under this Chapter will be voided because of a minor technical
				 failure of compliance that GTA determines does not harm the substantive rights
				 of the Authority or any other party or otherwise adversely affect the integrity
				 of the GTA's procurement processes.
O.C.G.A. Sec.
				  50-25-7.3.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-1 - GENERAL APPLICABILITY › Subject 665-1-2 - ADMINISTRATIVE PROCEDURES › Rule 665-1-2-.03 - Severability

Current through Rules and Regulations filed through June 27, 2024
In the event that any Rule, sentence, clause or phrase of any
				 of these Rules may be construed by any court of competent jurisdiction to be
				 invalid, illegal, unconstitutional, or otherwise unenforceable, such
				 determination or adjudication shall in no manner affect the remaining Rules or
				 portions thereof. The remaining Rules or portions thereof shall remain in full
				 force and effect, as if such Rule or portions thereof so determined, declared
				 or adjudged invalid or unconstitutional were not originally a part of these
				 Rules.
O.C.G.A. Sec.
				  50-25-7.3.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-1 - GENERAL APPLICABILITY › Subject 665-1-2 - ADMINISTRATIVE PROCEDURES › Rule 665-1-2-.04 - Waiver or Suspension of Rules

Current through Rules and Regulations filed through June 27, 2024
The Georgia Technology Authority recognizes the need to
				 exercise reasonable judgment in the administration of the rules of the
				 Authority. A rule or requirement may be waived or suspended upon finding that
				 circumstances warrant such action. Any such suspension or waiver may be done on
				 a case-by-case or solicitation-by-solicitation basis.
(a) Any entity seeking relief from an
				Authority rule or requirement shall file a request in writing with the
				executive director of the Authority. At a minimum, the request shall specify
				the rule or requirement in question and the rationale for the
				request.
(b) The Executive Director
				shall be authorized to act on behalf of the Board in the consideration and
				appropriate dispensation of such requests. The Executive Director shall make a
				timely report to the Board concerning action taken to suspend an Authority rule
				or requirement.
1. If an entity's request has
				an impact upon a state Agency, the entity shall send a copy of the request to
				the executive officer of the state Agency. The state Agency shall be allowed
				the opportunity to send a statement to the Authority setting forth its position
				with respect to the request.
2. The
				Executive Director may request additional written documentation from the entity
				and/or the state Agency requesting the waiver.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-1 - GENERAL › Rule 665-2-1-.01 - Forms, Terms and Conditions

Current through Rules and Regulations filed through June 27, 2024
The Georgia Technology Authority (GTA) shall prescribe forms,
				 terms and conditions and advertisement requirements for acquiring goods and
				 services related to information technology for agencies. The forms, terms and
				 conditions, and advertisement requirements shall be established taking into
				 consideration market volatility, trends and conditions, legal requirements, and
				 any other factors determined to be in the state's best interest. These shall be
				 made available to all agencies via the GTA IT procurement
				 website.
O.C.G.A. Sec.
				  50-25-7.3.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-1 - GENERAL › Rule 665-2-1-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following definitions shall apply generally to all
				 procurement rules and regulations of the Georgia Technology Authority:
(a) "Agency," "User Agency," or "Using
				Agency" is defined as every state department, agency, board, bureau,
				commission, and authority but shall not include any agency within the judicial
				branch of state government or the University System of Georgia and shall also
				not include any authority statutorily required to effectuate the provisions of
				Part 4 of Article 9 of Title 11, unless they voluntarily agree to be bound by
				these rules for the limited purpose of the Georgia Technology Authority
				conducting or coordinating a technology resource purchase or solicitation on
				their behalf.
(b) "Agency
				Decisionmaker" is defined for purposes of Rule
				  665-2-11-.07  as either:
1. The Procurement Director, or
2. Any other GTA official (other than the
				Executive Director, or the Protest Coordinator or Contracting Officer for the
				particular procurement that is the subject of the Protest, or any member of the
				Protest Panel hearing the Protest) selected and appointed in the sole
				discretion of the Procurement Director either as a permanent GTA position or on
				a case by case basis at any time after receipt of a Protest and prior to the
				appointment of a Protest Panel or a Third Party Hearing Officer with respect to
				a Protest.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-1 - GENERAL › Rule 665-2-1-.03 - General Delegation

Current through Rules and Regulations filed through June 27, 2024
All agencies shall contract through GTA for any technology
				 resource purchase of such agency exceeding $100,000, subject to the provisions
				 of O.C.G.A.
				  50-25-7.2.
				 Therefore, the State Chief Information Officer (CIO) establishes a general
				 delegation of one hundred thousand dollars ($100,000) for each agency's
				 technology purchases. The CIO or his designee may elect to increase or decrease
				 this general delegation on an agency-by- agency basis or a case-by-case basis
				 without modification of these rules. Regardless of this general delegation,
				 agency technology procurements must adhere to all statewide technology policy
				 standards set forth by GTA, unless expressly waived.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-7.2,   50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-2 - PROCUREMENT REQUESTS › Rule 665-2-2-.01 - Procedure

Current through Rules and Regulations filed through June 27, 2024
Agencies shall request procurement action by GTA by means of
				 electronic or written requests.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-2 - PROCUREMENT REQUESTS › Rule 665-2-2-.02 - Verbal Requests

Current through Rules and Regulations filed through June 27, 2024
Verbal requests for procurement activities are not
				 satisfactory substitutes for electronic or written requests except in
				 emergencies. Electronic or written confirmation must follow any such request
				 made in an emergency situation.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-2 - PROCUREMENT REQUESTS › Rule 665-2-2-.03 - Confidentiality

Current through Rules and Regulations filed through June 27, 2024
All information and documentation (verbal and written)
				 relative to development of a contractual document for a proposed procurement
				 shall be deemed confidential in nature, except as deemed necessary by the
				 purchaser to develop a complete contractual document. Such material shall
				 remain confidential until successful completion of the procurement
				 process.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-3 - SPECIFICATIONS › Rule 665-2-3-.01 - Types of Specifications

Current through Rules and Regulations filed through June 27, 2024
There shall be two general types of specifications. A
				 standard specification shall be originated and developed by GTA or any other
				 agency or commission, statutorily authorized to develop standards. It shall be
				 comprehensive in nature, intended for repeated use and may be changed, as
				 quickly and as often as is necessary, to address changes in the technology
				 marketplace. An example of this type of specification is one that complies with
				 the required statewide Technical Architecture as developed by the GTA for
				 statewide use. The other general type of specification shall be originated by
				 the user and modified as necessary by GTA to accomplish the overall efforts to
				 manage the area of information technology effectively. This type of
				 specification may include, but is not limited to,"brand name or equal" or
				 "brand specific" technical and functional specifications.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-3 - SPECIFICATIONS › Rule 665-2-3-.02 - Need

Current through Rules and Regulations filed through June 27, 2024
GTA may inquire into the need for and level of quality of
				 goods or services requested by an agency. After consultation with the agency,
				 GTA may modify the level of specification requested to enhance overall
				 direction of the state's program in the area of information
				 technology.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-3 - SPECIFICATIONS › Rule 665-2-3-.03 - Development of Specifications

Current through Rules and Regulations filed through June 27, 2024
(1) A standard specification is intended for
				general use and kept current by GTA. In formulating such a specification,
				advisory committees made up of personnel from various agencies and the private
				sector may be employed for advice and assistance at the CIO's discretion. This
				type of specification may be offered also for the review and comments of
				manufacturers and suppliers who may participate in the procurement process on
				the items in question.
(2) Where
				competition is available and advantageous to the state, every purchaser shall
				use/write specifications and requirements that are reasonable to satisfy the
				need, but not unduly restrictive, and that shall encourage competition in the
				open market and result in the best possible contract for the good or service
				needed.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-3 - SPECIFICATIONS › Rule 665-2-3-.04 - Articles for Special Purposes

Current through Rules and Regulations filed through June 27, 2024
Where articles are to be used for educational or training
				 purposes, by persons with disabilities, for test and evaluation or research
				 purposes, or for any purpose deemed necessary by the CIO or his designee,
				 special or overriding consideration may be given to the factor of suitability
				 in the preparation of specifications, evaluation of offers, for waiver of
				 competition, and the award of contracts. GTA shall consult with the agency
				 prior to modification by GTA of any information or recommendation submitted by
				 the end user.
O.C.G.A. Sec.
				  50-25-7.3.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-3 - SPECIFICATIONS › Rule 665-2-3-.05 - Submission for Adoption

Current through Rules and Regulations filed through June 27, 2024
Upon completion of all studies, reviews, and drafts; any
				 proposed standard specifications shall be submitted to the CIO or his designee
				 for consideration. A specification shall be adopted as a standard if
				 advantageous to the state. GTA may modify a standard specification on an
				 interim basis as deemed necessary or advantageous to the
				 state.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-3 - SPECIFICATIONS › Rule 665-2-3-.06 - Copies of Specifications

Current through Rules and Regulations filed through June 27, 2024
GTA shall distribute copies of standard specifications to
				 interested parties through electronic media and these shall be available for
				 customer and public inspection at GTA and on the GTA IT procurement
				 website.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-3 - SPECIFICATIONS › Rule 665-2-3-.07 - Confidentiality

Current through Rules and Regulations filed through June 27, 2024
All information and documentation relative to the development
				 of a specification/needs document shall be deemed confidential in nature until
				 specification adoption or finalization of the procurement process for a
				 specific contract.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.01 - Procurement Procedures

Current through Rules and Regulations filed through June 27, 2024
All technology purchases involving the expenditure of public
				 funds by agencies or GTA shall be in conformity with the "Best Value"
				 information technology procurement requirements set forth in these rules.
				 Exemptions may be granted by GTA where a waiver, special delegation, exemption
				 or an emergency or pressing need purchase is permitted by rule. Information
				 technology procurements not covered by statewide firm, convenience or service
				 contracts issued by GTA shall comply with the following delegations and
				 procedures:
(a) Small Purchases: A
				small purchase is defined as the purchase of goods and services, where the
				expenditure of public funds is twenty-five hundred dollars ($2,500) or less. If
				the needed technology resource can reasonably be expected to be acquired for
				less than two thousand five hundred dollars ($2,500) and are not available on
				state contracts or through statutorily required sources, the purchase may be
				effectuated without competitive bidding. Nothing in this rule shall apply to,
				or effect the laws, rules and regulations governing emergency purchases. The
				using agency or GTA shall award contracts for small purchases.
(b) Purchases Governed by General Delegation:
1. For purchases made by an agency or GTA
				involving an expenditure of public funds over two thousand five hundred dollars
				($2,500) up to the general delegation limit established by the CIO, the
				agencies or GTA shall use the following methodologies to encourage competition:
(i) The agency or GTA shall issue
				solicitation documents requesting or inviting offers;
(ii) The agency or GTA shall include in
				solicitation documents standard language, including terms and conditions as
				published by GTA on GTA IT procurement website. If additional terms and
				conditions are used, they shall not conflict with GTA's standard terms and
				conditions unless prior written approval is obtained from GTA for unusual
				requirements; and,
(iii) The agency
				may request distribution lists, if available from GTA, and use them in addition
				to distribution lists maintained by the agency for the purpose of soliciting
				competition.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.03 - Electronic, Facsimile and Telephone Offers

Current through Rules and Regulations filed through June 27, 2024
At the discretion of the CIO, GTA and agencies may accept
				 electronic, facsimile, and telephone offers in response to solicitation
				 documents that are required to be sealed, if specified in the solicitation
				 documents or by general rule.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.04 - Recall of Offers

Current through Rules and Regulations filed through June 27, 2024
An authorized agent of a company may recall an offer prior to
				 opening, through a signed request.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.05 - Public Opening

Current through Rules and Regulations filed through June 27, 2024
(1) GTA and agencies shall publicly open
				advertised sealed procurements using the lowest price technically acceptable
				source selection method at the time, date, and place identified in the
				solicitation document. At the time of opening, the names of the bidders shall
				become public record after compliance with all the requirements of the GTA
				sealed procurement process as in Rule
				  665-2-4-.02  of this
				Section.
(2) Under a two-step
				process, only those offerors that the agency that issued the solicitation
				determines to have acceptable technical offers shall be invited to submit price
				offers. The price offers shall be publicly opened and the offeror(s) with the
				acceptable technical offer(s) notified of the time and place for the opening.
				After opening, the price offer(s) shall become public record if no negotiation
				is permitted. At least two agency working days shall be given prior to the
				opening. There shall be at least two agency employees present at the
				opening.
(3) Under the two-step
				process where negotiations are anticipated, only those offerors determined by
				the agency that issued the solicitation to have acceptable technical offers
				shall be invited to submit price offer(s). The price offers shall be publicly
				opened and the offeror(s) with the acceptable technical offer(s) notified of
				the time and place of the opening. The price offer(s) shall become public
				record upon point of award.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.06 - Late Offers, Modifications, or Withdrawals

Current through Rules and Regulations filed through June 27, 2024
In general the agency or GTA will not consider late offers,
				 modifications, or withdrawals unless these would be timely except for the
				 action or inaction of agency or GTA personnel directly serving the procurement
				 process. Offerors shall deliver all offers on time, regardless of the mode of
				 delivery used. However, the state CIO or agency head may elect to accept any
				 late offer if it is determined that such acceptance did not compromise the
				 integrity of the competitive process and it is determined to be in the best
				 interest of the state.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.07 - Error/Clarification

Current through Rules and Regulations filed through June 27, 2024
When the agency or GTA determines that an offer appears to
				 contain an obvious error or otherwise where an error is suspected, the agency
				 or GTA may investigate or act upon the circumstances. Any action taken shall
				 not prejudice the rights of the public or other offering companies. Where
				 offers are submitted substantially in accordance with the solicitation document
				 but are not entirely clear as to intent or to some particular fact or where
				 there are other ambiguities, the agency or GTA may seek and accept
				 clarifications or may open communications.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.08 - Extension of Acceptance Time

Current through Rules and Regulations filed through June 27, 2024
When the agency or GTA determines it is in the public
				 interest, the agency or GTA may request that the offerors extend the time
				 offered for the acceptance of offers.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.