reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-10 - CONTINUING EDUCATION › Rule 276-10-.01 - Continuing Education - Dispensers

Current through Rules and Regulations filed through June 27, 2024
All applicants for biennial renewal of dispenser licenses shall submit proof to the Board of satisfactory completion of twenty (20) hours of Board approved continuing education relevant to the licensee's professional practice. The renewal period begins January 1st of every even number year to December 31st of the following odd number year,
except
that an initially licensed dispenser licensee shall be exempt from meeting the requirements of this Rule if, at the time of renewal, said dispensing licensee has been licensed for a period of time less than two (2) years. Continuing education hours completed by an initially licensed dispenser licensee, who at the time of renewal has been initially licensed for less than a two (2) year period, will not be available or "carried over" for credit to meet the requirement for the next biennial license renewal.
O.C.G.A. §§
									43-20-6, 43-20-15.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-10 - CONTINUING EDUCATION › Rule 276-10-.02 - Continuing Education

Current through Rules and Regulations filed through June 27, 2024
(1) Courses offered by the following are preapproved by the Board as means of acquiring the required continuing education hours for license renewal subject to the specific categories as outlined in paragraph 3 of this rule.
(a) International Institute for Hearing Instrument Studies
(b) International Hearing Society
(c) Georgia Society of Hearing Professionals
(d) American Speech-Language-Hearing Association
(e) Georgia Speech-Language-Hearing Association
(f) American Academy of Otolaryngology, Head and Neck Surgery, Inc.
(g) Georgia Academy of Audiology
(h) College courses taken for credit or through official audit or seminars sponsored by such colleges
(i) Audiology Online (
www.audiologyonline.com
)
(j) American Academy of Audiology
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-12 - MILITARY SPOUSES AND TRANSITIONING SERVICE MEMBERS › Rule 276-12-.01 - Military Spouses and Transitioning Service Members

Current through Rules and Regulations filed through June 27, 2024
The Board will consider applications for military spouses and transitioning service members as defined in O.C.G.A. §
								43-1-34(2017) subject to the following:
(a) As used in this rule, the following terms shall mean:
1. "Military" means the United States armed forces, including the National Guard.
2. "Military spouse" means a spouse of a service member or transitioning service member.
3. "Service member" means an active or reserve member of the armed forces, including the National Guard.
4. "Transitioning service member" means a member of the military on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-12 - MILITARY SPOUSES AND TRANSITIONING SERVICE MEMBERS › Rule 276-12-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec. 43-20-6.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-12 - MILITARY SPOUSES AND TRANSITIONING SERVICE MEMBERS › Rule 276-12-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
									43-20-6.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-12 - MILITARY SPOUSES AND TRANSITIONING SERVICE MEMBERS › Rule 276-12-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec. 43-20-6.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-13 - UNPROFESSIONAL CONDUCT › Rule 276-13-.01 - Unprofessional Conduct

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
								43-1-19 and 43-20-16 authorize the Board to take disciplinary action against licensees for unprofessional conduct or committing any professionally immoral act. Unprofessional conduct shall include, but not be limited to, the following:
(a) Dispensing a hearing aid device or instrument in the absence of an appropriate dispenser/client relationship. An appropriate dispenser/client relationship exists when:
1. The licensed dispenser assumes the responsibility for the dispensing of a hearing aid device or instrument and exercises the judgment necessary regarding conducting testing, determining the suitability for use of a hearing aid, assisting with the selection of suitable aids to properly compensate the hearing condition, to fit aids to the client and to counsel and instruct in the use of the hearing aid device or instrument;
2. The licensed dispenser has a sufficient knowledge of the client to initiate at least a general or preliminary determination of a hearing deficiency. This means that the dispenser has recently seen and is personally acquainted with the client by virtue of a proper examination and/or by appropriate and timely follow-up evaluation; and
3. The dispenser is readily available for follow-up care in case of the failure of the device or instrument.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-14 - RENEWAL AND REINSTATEMENT PROCESS › Rule 276-14-.01 - Renewal of License

Current through Rules and Regulations filed through June 27, 2024
Hearing Aid Dealers and Dispenser licenses shall expire on December 31st of every odd numbered year.
Licensed Dispensers
are required to obtain twenty (20) continuing education hours in accordance with Board Rule 276-10.
O.C.G.A. §§
									43-20-6, 43-20-15.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-14 - RENEWAL AND REINSTATEMENT PROCESS › Rule 276-14-.02 - Late Renewal

Current through Rules and Regulations filed through June 27, 2024
Each license will expire and must be renewed by December 31st of every odd numbered year. A license not renewed by December 31st of every odd numbered year will be considered for late renewal until January 31st of the subsequent even numbered year by the payment of the current renewal fee, plus an additional 50% of the renewal fee. Late renewal applications must be accompanied by proof that all CE requirements (Dispensers) have been met for the current biennium renewal period.
O.C.G.A. §§
										43-1-4, 43-1-7, 43-1-25, 43-20-6(b), (d), 43-20-14, 43-20-15.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-14 - RENEWAL AND REINSTATEMENT PROCESS › Rule 276-14-.03 - Reinstatement of License

Current through Rules and Regulations filed through June 27, 2024
Following the late renewal penalty period, all non-renewed licenses will be revoked by operation of law for non-renewal, and an application for reinstatement must be submitted to seek re-licensure.
(a) Reinstatement shall be within the sole discretion of the Board.
(b) A person applying for reinstatement shall submit the following:
1. For both
dealer and dispenser
applicants for reinstatement, a completed reinstatement application and the
non-refundable
reinstatement application fee; and
2. For only
dispenser
applicants for reinstatement, applying within one (1) year of the effective date of the lapsed license, verification of twenty (20) hours of Board approved continuing education obtained within two years prior to the date the reinstatement application is received by the Board administrative staff (Refer to Board Rule 276-10 for continuing education information).
3. For only
dispenser
applicants for reinstatement, applying after one (1) year of the effective date of the lapsed license, verification of the retake and passage of both the written and practical examinations required for licensure within one year prior to the date the reinstatement application is received by the Board administrative staff, and verification of twenty (20) hours of Board approved continuing education obtained within two years prior to the date the reinstatement application is received by the Board administrative staff (Refer to Board Rule 276-10 for continuing education information).
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-14 - RENEWAL AND REINSTATEMENT PROCESS › Rule 276-14-.04 - Revocation

Current through Rules and Regulations filed through June 27, 2024
The Board shall have the authority to revoke a license of a licensee pursuant to O.C.G.A. 43-1-19 and O.C.G.A. 43-20-16. The voluntary surrender of a license or the failure to renew a license in accordance with Board rules shall have the same effect as a revocation of said license.
O.C.G.A. Secs. 43-1-19, 43-1-25, 43-20-6, 43-20-16.
Compilation of Rules and Regulations of the State of Georgia › Department 279 - GRANT PROGRAM DESCRIPTION FOR GOVERNOR'S OFFICE OF HIGHWAY SAFETY › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
Chapter 279-1 entitled "Grant Programs" containing  279-1-.01  submitted May 25, 1994.
Chapter 279-1 entitled "Grant Programs" containing  279-1-.01  received November 14, 1995.
Chapter 279-1 submitted January 13, 1998.
Chapter 279-1 submitted October 20, 2003.
Compilation of Rules and Regulations of the State of Georgia › Department 279 - GRANT PROGRAM DESCRIPTION FOR GOVERNOR'S OFFICE OF HIGHWAY SAFETY › Chapter 279-1 - GRANT PROGRAMS › Rule 279-1-.01 - Highway Safety Grant Program

Current through Rules and Regulations filed through June 27, 2024
(A)
Statutory Basis for Grant Program. O.C.G.A. 40-10-7.
General Scope and Purpose of the Grant Program.
The general scope and purpose of the grant program is to educate the public on traffic safety and facilitate the implementation of programs that reduce crashes, injuries and fatalities on Georgia roadways.
(B)
General Terms and Conditions of the Grant.
The general terms and conditions of a grant funded through federal
Section 402
funds are:
(1) Funds are only available for specific traffic safety program areas including alcohol countermeasures, occupant protection, emergency medical services, motorcycle, pedestrian and bicycle safety, police traffic services, traffic records, speed control, pupil transportation, traffic engineering (roadway safety) and community traffic safety.
(2) Funds cannot be used to supplant federal, state or local funds.
(3) Matching funds may be required from each applicant. The following are examples of match requirements:
1st Year 100% GOHS; 0% Local
-or-
1st Year 80% GOHS; 20% Local
2nd Year 80% GOHS; 20% Local
2nd Year 60% GOHS; 40% Local
3rd Year 60% GOHS; 40% Local
3rd Year 40% GOHS; 60% Local
(4) Eligible Recipients of the Grant include: State and local governments (their entities) and non-profit organizations. In limited circumstances, others persons or entities may be eligible to contract with GOHS for professional services where appropriate and when consistent with state procurement regulations.
(5) Criteria for the Award. Previous year's traffic accident data is used to establish relative statewide ranking of each county and city. Grants are awarded primarily to applicants with the highest ranking (degree of severity) or through Requests for Proposals.
(6) Directions and Deadlines for applying: Grants are generally based on the ranking reports and Requests for Proposals received during the grant application process, which generally occurs April through September. Requests for information on the exact deadlines for each year and for applying for grants should be made to the Governor's Office of Highway Safety, 34 Peachtree Street, One Park Tower, Suite 1600, Atlanta, Georgia 30303; by telephone (404.656.6996) or via our website (
www.gohs.state.ga.us
).
Compilation of Rules and Regulations of the State of Georgia › Department 286 - STATE HOUSING TRUST FUND FOR THE HOMELESS › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
The
Administrative History
following each Rule gives the date on which it 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
Chapter 286-1, entitled "Organization and Definitions", containing Rules  286-1-.01  to  286-1-.02, was filed August 21, 1991; effective September 10, 1991.
Chapter 286-2, entitled "Application and Financial Assistance", containing Rules  286-2-.01  to  286-2-.03, was filed August 21, 1991; effective September 10, 1991.
Chapter 286-3, entitled "Requests, Petitions, Mailing List", containing Rule  286-3-.01, was filed August 21, 1991; effective September 10, 1991.
Compilation of Rules and Regulations of the State of Georgia › Department 286 - STATE HOUSING TRUST FUND FOR THE HOMELESS › Chapter 286-1 - ORGANIZATION AND DEFINITIONS › Rule 286-1-.01 - Board of Commissioners

Current through Rules and Regulations filed through June 27, 2024
The Board of Commissioners of the State Housing Trust Fund for the Homeless shall consist of nine (9) members. Two (2) of the nine (9) members shall be persons occupying the positions of chairperson and executive director of the Georgia Housing and Finance Authority. Seven (7) of the nine (9) members shall be public members appointed by the Governor. The public members shall be knowledgeable in the area of housing, and to the extent practicable, shall represent diverse housing concerns. Public members shall serve for a term of four (4) years except that initial appointments shall be staggered as follows: three (3) of the appointees shall serve an initial term of four (4) years and four (4) of the appointees shall serve an initial term of two (2) years. Public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the governor shall appoint a successor to serve the balance of the unexpired term. The Commission shall elect a chairperson who shall serve in that position for a term of two (2) years. The Commission shall select such other officers and appoint committees as it deems appropriate.
O.C.G.A. Sec. 8-3-300
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 286 - STATE HOUSING TRUST FUND FOR THE HOMELESS › Chapter 286-1 - ORGANIZATION AND DEFINITIONS › Rule 286-1-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) Commission: The State Housing Trust Fund for the Homeless Commission.
(2) Financial Assistance: Loans or grants, or any combination thereof; provided by the Commission from the State Housing Trust Fund for the Homeless.
(3) Homeless: Persons or families which have no access to or cannot reasonably be expected to have access to either traditional or permanent housing which can be considered safe, sanitary, decent and affordable.
(4) Leveraging: Combining funds from different sources into a financial package sufficient to fully complete a residential housing project.
(5) Low income: Persons or families having income who lack the income necessary, as determined solely by the Commission, to enable them, without financial assistance, to secure safe, sanitary, decent and affordable housing.
(6) Qualified Sponsor: A nonprofit, for profit, or governmental sponsor of a residential housing project.
(7) Residential Housing Project: A program designed to enhance residential housing opportunities for low-income persons. Such projects include, but are not limited to, financing in whole or in part the acquisition, rehabilitation, improvement, or construction of residential rental housing and interest rate or down payment assistance programs designed to enhance home ownership opportunities.
(8) Trust Fund: The State Housing Trust Fund for the Homeless.
O.C.G.A. Sec. 8-3-300
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 286 - STATE HOUSING TRUST FUND FOR THE HOMELESS › Chapter 286-2 - APPLICATION AND FINANCIAL ASSISTANCE › Rule 286-2-.01 - Application for Financial Assistance from the State Housing Trust Fund for the Homeless Commission

Current through Rules and Regulations filed through June 27, 2024
(1) Qualified sponsors seeking to apply for financial assistance from the Commission must apply for financial assistance on Commission approved application forms. An applicant must submit a separate application for each residential housing project for which it seeks financial assistance.
(2) An original and one copy of the application must be submitted at the time of application.
(3) Applications for financial assistance from the Commission will be accepted at least annually, provided that funds are available from the Trust Fund for the provision of financial assistance.
(4) Applications must be received at the offices of the Commission no later than the close of business on the last day of the application period.
(5) The public may obtain application forms from the State Housing Trust Fund for the Homeless Commission, c/o the Georgia Housing and Finance Authority.
O.C.G.A. Sec. 8-3-300
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 286 - STATE HOUSING TRUST FUND FOR THE HOMELESS › Chapter 286-2 - APPLICATION AND FINANCIAL ASSISTANCE › Rule 286-2-.02 - Financial Assistance Available

Current through Rules and Regulations filed through June 27, 2024
Financial assistance is available in the form of loans and/or grants. Unless otherwise specified, activities eligible for financial assistance include, but are not limited to, the following: new construction; land acquisition; rehabilitation of existing structures.
O.C.G.A. Sec. 8-3-300
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 286 - STATE HOUSING TRUST FUND FOR THE HOMELESS › Chapter 286-2 - APPLICATION AND FINANCIAL ASSISTANCE › Rule 286-2-.03 - Selection Criteria

Current through Rules and Regulations filed through June 27, 2024
The criteria to be used by the Commission when determining which residential housing projects shall receive disbursements of available money from the Trust Fund shall include, but not be limited to, the following: impact on homelessness; number of individuals and families assisted by the residential housing project; geographical distribution of residential housing projects; completion date of the residential housing project; leveraging of money or in-kind services by the qualified sponsor; availability of other forms of assistance; qualified sponsor's capacity to manage a residential housing project; qualified sponsor's financial capacity; qualified sponsor's previous experience in similar residential housing projects; and any and all other factors bearing on the advisability and necessity of the residential housing project. The Commission's decision shall be final and not subject to challenge or contest.
O.C.G.A. Sec. 8-3-300
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 286 - STATE HOUSING TRUST FUND FOR THE HOMELESS › Chapter 286-3 - REQUESTS, PETITIONS, MAILING LIST › Rule 286-3-.01 - Requests, Petitions, Mailing List

Current through Rules and Regulations filed through June 27, 2024
(1) The public may obtain information on or make submissions or requests to the Commission by addressing inquiries to: State Housing Trust Fund for the Homeless Commission, c/o Georgia Housing and Finance Authority.
(2) Any interested person may petition the Commission requesting the promulgation, amendment or repeal of a Rule.
(a) All petitions shall be signed by the petitioner or his/her counsel and shall plainly, fully and distinctly set forth the basis for the petition and the requested action.
(b) Within thirty (30) days after submission of a petition requesting the promulgation, amendment or repeal of a Rule, the Commission either shall deny the petition in writing, stating its reasons for the denial, or shall initiate rule-making proceedings.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.01 - Scope of Chapter

Current through Rules and Regulations filed
				through June 27, 2024
The Rules in this Chapter are procedural only, and confer no
				  substantive rights. This Chapter applies to all hearings held by the Department
				  unless a specific statute, Federal regulation or other authority governs
				  otherwise, in which case this Chapter applies to the extent not inconsistent
				  therewith.
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et seq.
O.C.G.A. Secs.
				  31-2-4,
				  31-5-6,
				  37-1-22,
				  37-1-23,
				  49-4-3,
				  50-13-1.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.02 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
The following words and terms as used in these Rules shall
				  have the following meanings:
(a)
				"Board" means the Board of Human Resources of the State of Georgia;
(b) "Commissioner" means the chief
				administrative officer of the Department;
(c) "Department" means the Department of
				Human Resources of the State of Georgia and for public assistance purposes
				includes the county departments of family and children services and other
				entities included by O.C.G.A. Sec.
				49-4-2 or its successor statute,
				and for O.C.G.A. Title 37 purposes includes the agents and designees included
				by O.C.G.A. Sec.
				37-1-1(3)  or its
				successor statute;
(d) "Hearing"
				means a right of the Department and persons and parties affected by an action
				or intended action of the Department to present testimony, documentary evidence
				and argument as to why such action should or should not be taken;
(e) "Hearing Officer" means the person
				employed and authorized to conduct the hearing and take action as authorized by
				law or regulation;
(f) "Notice of
				Hearing" means a written statement of the time, date and place of the hearing,
				the legal authority under which it will be held, the issues to be considered,
				and the participants' rights and duties. A Notice of rule-making hearing will
				also identify the rule under consideration; other Notices will generally state
				the nature of the hearing;
(g)
				Office of State Administrative Hearings means the agency established by
				O.C.G.A. Chapter 50-13, Article 2.
(h) "Party" means each person or agency named
				or admitted as a party, or properly seeking and entitled as a right to be
				admitted as a party;
(i) "Person"
				means any individual, partnership, corporation or association and includes
				bodies politic and corporate;
(j)
				"Reviewing Official" means the person or persons employed and authorized to
				review hearing records and to issue final decisions, in cases where
				administrative review of hearing decisions is authorized and properly
				invoked;
(k) "Rule" as used in this
				Chapter has the same meaning given in O.C.G.A. Sec.
				50-13-2(6)  or
				its successor statute.
(l)
				"License" as used in this Chapter has the same meaning given in O.C.G.A. Sec.
				50-13-2(3)  or
				its successor statute.
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et seq.
O.C.G.A. Secs.
				  31-1-1,
				  31-2-4,
				  37-1-1,
				  37-1-22,
				  37-1-23,
				  49-2-1,
				  49-2-2,
				  49-4-2,
				  49-4-3,
				  50-13-2,
				  50-13-4,
				  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.03 - Licensing

Current through Rules and Regulations filed through June 27,
				2024
(1) In any
				proceeding relating to actions revoking, suspending, or denying a license to
				any party or person, such action cannot be taken without giving the affected
				party prior written notice of the intended action and affording an opportunity
				for hearing pursuant to the provisions of this Chapter, except in the following
				circumstances:
(a) An imminent threat to the
				public health, safety or welfare exists such that emergency action is
				necessary, in which case the license may be summarily suspended pending the
				revocation hearing by an Emergency Order issued by the Commissioner or
				Commissioner's designee containing a factual finding and description of the
				necessity for the summary action; or
(b) The Department is authorized or required
				by specific statute or court order or judgement to act without a
				hearing.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.04 - Quasi-judicial or Enforcement Hearings

Current through Rules and
				Regulations filed through June 27, 2024
Quasi-judicial or enforcement hearings are to enforce or
				  sanction violations of an existing rule; or to investigate, declare or enforce
				  liabilities or privileges on present or past facts or existing
				  law.
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et seq.
O.C.G.A. Secs.
				  31-2-4,
				  37-1-22,
				  37-1-23,
				  49-4-3,
				  49-4-13,
				  50-13-1,
				  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.05 - Same; Hearing Requests Subject to the Jurisdiction of the Office of State Administrative Hearings

Current through Rules and Regulations filed
				through June 27, 2024
(1) Hearing requests received by the
				Department which are within the jurisdiction of the Office of State
				Administrative Hearings shall be promptly transmitted to that Office in
				accordance with the instructions of that Office. The Department may file any
				procedural or jurisdictional objections to any hearing request at the time of
				transmittal.
(2) Initial decisions
				transmitted to the Department by the Office of State Administrative Hearings
				for review shall be accompanied by the entire hearing record. Reviews of the
				records and decisions will be by the Commissioner or his designees who will
				issue the final decisions. Such decisions will be binding on the Department and
				no further administrative remedy will be available.
(3) Decisions made by the Office of State
				Administrative Hearings in the following classes of cases will become final
				upon issuance by that Office and without further Departmental action:
(a) Cases arising under the Child Support
				Enforcement Act, O.C.G.A. Chapter 19-11, Art. 1, and related State and Federal
				laws;
(b) Cases involving
				continuing involuntary hospitalization or habilitation and cost of care arising
				under O.C.G.A. Title 37 or the Department's Published Rule
				290-4-7-.08;
(c) Cases arising under O.C.G.A. Chapter
				48-7, Art. 7, and related State and Federal laws involving the interception and
				setoff of tax refunds;
(d) Cases
				arising under O.C.G.A. Chapter 31-8, Arts. 5 and 5A, and related State and
				Federal laws involving rights of residents of long-term care facilities and
				personal care homes;
(e) Cases
				arising under O.C.G.A. Chapter 49-5, Art. 8, concerning establishment of a
				Child Protective Services Information System;
(f) Intentional Program Violation (IPV)
				disqualification hearings, and IPV disqualification hearings held in
				combination with Food Stamp fair hearings, in the Food Stamp program under
				7 USCA §
				2015 and
				7 CFR §
				273.16 and their successor statutes and
				regulations and related State laws;
(g) Early intervention services cases arising
				under 20 USCA § 1480 and 34
				CFR §§ 303.420
et seq.
and
				their successor statutes and regulations and related State laws.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.06 - Same; Hearings Subject to the Jurisdiction of the Department

Current through Rules and Regulations filed through June 27,
				2024
Hearings subject to the jurisdiction of the Department shall
				  be conducted in accordance with Rules
				  .07 through .12 of this
				  Chapter.
Ga. L. 1964, pp. 338,
				  346; Ga. L. 1972, p. 1015
et seq.
and p. 1069
et
				  seq.
O.C.G.A. Secs.
				  31-2-4,
				  31-5-2,
				  31-5-6,
				  37-1-22,
				  37-1-23,
				  37-1-50,
				  49-4-3,
				  49-4-13,
				  50-13-13,
				  50-13-15,
				  50-13-23.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.07 - Hearing Officer's Authority to Conduct the Hearing

Current
				through Rules and Regulations filed through June 27, 2024
(1) The Hearing Officer shall have the
				authority to do the following:
(a) Hold
				prehearing conferences to settle, simplify, determine or strike any of the
				issues at a hearing;
(b) Administer
				oaths and affirmations;
(c) Sign
				and issue subpoenas and rule on offers of proof;
(d) Regulate the course of the
				hearing;
(e) At the Hearing
				Officer's discretion, set the time and place for continuances and fix the time
				for filing briefs;
(f) Accept
				motions for dismissal for lack of Department jurisdiction over the subject
				matter or the parties, or for any other ground, or raise such matters on the
				Hearing Officer's own motion;
(g)
				Accept and rule on motions to amend pleadings, to intervene, to open default,
				to extend time limits where motion is made prior to the expiration of same, and
				other matters, or raise such matters on the Hearing Officer's own
				motion;
(h) Obtain or provide for
				obtaining written, videotaped or audiotaped testimony or for evidence in other
				forms;
(i) Reprimand or exclude
				from any hearing any person for indecorous or improper conduct committed at or
				during any hearing or, if unable to obtain obedience to reasonable directions
				and as a last resort, to adjourn the hearing;
(j) Require a showing of authority by anyone
				purporting to appear in any representative authority;
(k) Arrange or request a party to arrange for
				the presence of interpreters or other measures to assist parties or witnesses;
				a party who needs such assistance shall notify the Hearing Officer in advance
				of the hearing;
(l) Arrange for and
				issue notices of the date, time and place of hearings or conferences;
(m) Rule on, admit, exclude, or limit
				evidence;
(n) Issue default
				dismissals for failure to attend or participate;
(o) Take such other action as might be
				required to facilitate the development of a complete record upon which to base
				a decision as long as such actions are not inconsistent with relevant laws and
				regulations.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.08 - Procedures

Current through Rules and Regulations filed through June 27,
				2024
(1) The order of
				proof in the conduct of a hearing should be somewhat flexible. Generally the
				following procedure will be followed:
(a) The
				Department or its representative should examine its witnesses and present its
				proof first;
(b)The opposing party
				and its witnesses should then be heard;
(c) The giving of testimony by each party and
				its witnesses is subject to appropriate cross-examination by the opposite
				parties and questioning by the Hearing Officer;
(d) The Hearing Officer may call and examine
				witnesses to develop the record fully and to ensure all evidence favorable to
				an unrepresented party is presented.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.09 - Contents of Hearing Records

Current through Rules and Regulations
				filed through June 27, 2024
(1) A record of the hearing shall be kept and
				shall include:
(a) All pleadings, motions and
				rulings;
(b) A summary of the oral
				testimony and all other evidence received or considered, except that if the
				oral proceeding was recorded the recording or written transcript may be kept in
				lieu of the summary of the oral testimony;
(c) A state of matters officially
				noticed;
(d) Questions and offers
				of proof and rulings thereon;
(e)
				Initial, proposed or recommended findings of fact and conclusions of law, if
				applicable;
(f) Any decision,
				report or opinion by the Hearing Officer or Reviewing Official, except that the
				Hearing Officer's or Reviewing Official's personal notes, research or other
				work product shall not be part of the record; and
(g) All staff memoranda or data submitted to
				the Hearing Officer or members of the Department in connection with their
				consideration of the case.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.10 - Decisions

Current through Rules and Regulations filed through June 27,
				2024
(1) The Hearing
				Officer will issue a recommended decision, including findings of fact and
				conclusions of law, to the Commissioner within thirty (30) days of closure of
				the record, unless the Hearing Officer determines that additional time is
				needed for a full evaluation of the record. The recommended decision will be
				mailed or delivered to the parties. If no appeal is filed to the Commissioner
				within thirty (30) days after issuance of the recommended decision, the
				recommended decision will become the Department's final decision and will be
				binding on the Department. No further administrative relief will be
				available.
(2) Appeals to
				recommended decisions will be considered by the Commissioner or his designee,
				who will issue the Department's final decision within thirty (30) days of
				receipt of the appeal, unless an extension of time is necessary for a full
				evaluation of the record. The final decision will be binding on the Department
				upon issuance, and no further administrative relief will be
				available.
(3) Where fewer than all
				parties authorized to appeal a recommended decision do so, the Commissioner or
				his assigned designee may send notice of the appeal to the non-appealing
				parties. Said parties may then participate in the appeal as fully as the
				appealing parties, and will be as bound by the final decision.
(4) Clerical mistakes, oversights and
				omissions in decisions and proposed decisions may be corrected following
				issuance, provided that no rights of the parties are adversely
				affected.
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et seq.
O.C.G.A. Secs.
				  31-2-4,
				  31-5-2,
				  31-5-6,
				  37-1-22,
				  37-1-23,
				  37-1-50,
				  49-4-3,
				  49-4-13,
				  50-13-13,
				  50-13-16,
				  50-13-17.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.11 - Subpoenas and Discovery

Current through Rules and Regulations filed
				through June 27, 2024
(1) The Hearing Officer may provide for
				examination of the hearing record by the parties as follows:
(a) All laws of confidentiality and privilege
				shall be respected by the parties, and the Hearing Officer may, by order,
				condition any party's access to the record so as to protect confidentiality and
				privilege;
(b) The Hearing Officer
				may arrange for examination by other parties prior to the hearing of any
				documents to be used by any party at the hearing, by directing the parties to
				make their documents available to the other parties for examination by
				appointment or to exchange copies, or by delivering the documents to the
				Hearing Officer prior to the hearing, or by other reasonable means;
(c) The Hearing Officer may recess, postpone,
				or continue the hearing to allow the parties to examine documents not
				previously disclosed. Where the recess or continuance will adequately protect
				the parties' rights, the mere failure to disclose a document prior to the
				hearing will not require its exclusion from the record;
(d) At the request of any party or on the
				Hearing Officer's own motion the Hearing Officer may mask or excise irrelevant,
				privileged or confidential parts of any document prior to its examination by
				the other parties. No consideration will be given to the masked or excised
				parts in the decision if the other party objects to such consideration. The
				Hearing Officer shall retain in the record a sealed copy of the document
				without the deletions, for consideration by the court in case of administrative
				or judicial review.
(e) If any
				party refuses to comply with the Hearing Officer's reasonable directions to
				make a document available to other parties, the Hearing Officer may as a last
				resort exclude the document and any evidence or testimony derived from or based
				upon it from the record.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.12 - Ex Parte Contacts with Hearing Official

Current through Rules
				and Regulations filed through June 27, 2024
The Hearing Officer or Reviewing Official may be contacted
ex parte
on matters of an informational or procedural nature,
				  especially by any party not represented by counsel. At the discretion of the
				  Hearing Officer or Reviewing Official, or upon request of a party, such
				  contacts shall be made a part of the record.
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et seq.
O.C.G.A. Secs.
				  31-2-4,
				  37-1-22,
				  37-1-23,
				  49-4-3.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.13 - Rule Making or Quasi-legislative Hearings

Current through Rules
				and Regulations filed through June 27, 2024
Rule making or quasi-legislative hearings are to establish,
				  amend or repeal rules of general application. The establishment, amendment or
				  repeal will operate prospectively.
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et seq.
O.C.G.A. Secs.
				  31-2-4,
				  31-5-1,
				  37-1-22,
				  37-1-23,
				  37-1-40,
				  50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.14 - Same; Procedure

Current through Rules and Regulations filed
				through June 27, 2024
The Department shall adopt, amend or repeal rules or
				  emergency rules in compliance with the Georgia Administrative Procedure Act,
				  O.C.G.A. § 50-134 or its successor statute.
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et seq.
O.C.G.A. Secs.
				  31-2-4,
				  37-1-22,
				  37-1-23,
				  37-1-40,
				  50-13-9.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.15 - Same; Petitions for Rule-making

Current through Rules and
				Regulations filed through June 27, 2024
Interested persons may petition the Department requesting the
				  promulgation, amendment or repeal of a rule. Such petition should be in the
				  form of a letter addressed to the Commissioner of the Department setting forth
				  the language of the proposed rule, amendment or repeal, and, where applicable,
				  the language of the rule sought to be amended or repealed. Such letter should
				  be sent to the Commissioner by certified or registered mail and should set
				  forth the interest of the person petitioning the Commissioner. Within 30 days
				  after submission of such petition, the Commissioner or the Board shall initiate
				  rule-making procedures or deny the petition in writing stating the reason for
				  the denial.
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et seq.
O.C.G.A. Secs.
				  31-2-4,
				  37-1-22,
				  37-1-23,
				  50-1-1,
				  50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.16 - Same; Mailing List

Current through Rules and Regulations filed
				through June 27, 2024
The Department shall maintain a mailing list of persons and
				  organizations wishing to receive notice of intended actions in adopting,
				  amending or repealing Rules. Persons or organizations wishing to be included
				  thereon should submit their names and exact mailing addresses to the
				  Commissioner's Office. Upon receipt of the request, the Department will
				  promptly notify the requesting party of the amount to be paid to the Department
				  to be placed on the mailing list.
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et seq.
O.G.G.A. Secs.
				  31-2-4,
				  37-1-23,
				  50-13-11.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.17 - Petitions for Declaratory Ruling

Current through Rules and
				Regulations filed through June 27, 2024
(1) Petitions for declaratory rulings may be
				delivered by mail, and should be sent to the Commissioner.
(2) A petition may be filed with the
				Department for a declaratory ruling as to the applicability of any Departmental
				Rule or order, or statutory provision for which the Department has enforcement
				authority. The petition need not conform to any specific format, but must:
(a) Specify that it is a petition for a
				declaratory ruling, and identify the petitioner and his or her mailing
				address;
(b) Identify the specific
				statute, Rule or order involved, and describe the specific factual and
				non-hypothetical circumstances calling its applicability into
				question;
(c) Demonstrate an actual
				present need for said ruling, as opposed to a mere abstract desire for
				same;
(d) Identify all other known
				persons involved in or impacted by the factual situation causing the petition.
Petitions which do not contain the above information may be
				  rejected by the Department.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.18 - Hearings and Hearing Records: Confidentiality, Custody, Language, Access, Costs

Current through Rules and Regulations filed
				through June 27, 2024
(1) Hearings will be open to the public
				unless a law or other authority requires or authorizes closure.
(2) The Hearing Officer assigned to conduct
				any hearing will be the Department's custodian of that hearing record while the
				case is in hearing status, and for the duration of any appeal time thereafter.
				Where the Hearing Officer's decision is appealed to the Commissioner, the
				Commissioner or his assigned designee will become the custodian upon receipt of
				the record after issuance of the recommended decision and for the duration of
				any appeal time thereafter.
(3) All
				hearing records will be assembled in the English language, as designated by
				Resolution No. 70, Georgia Laws 1986, Page 529. The Hearing Officer may require
				or arrange for translation into English of any testimony, arguments, documents
				or other matter presented in another language, and the English version will be
				the official record of the item. No person will be prevented from offering
				evidence or testimony for want of an English translation, however, and the
				original-language version will also be placed in the record.
(4) Access to hearing records will generally
				be as provided by Georgia's "Open Records Law", O.C.G.A. Chapter 50-18, Art. 4,
				or its successor statute, except where access to the record is governed by a
				specific law or other authority. The Department may exercise its statutory
				right to protect any record or part thereof from disclosure as authorized by
				O.C.G.A. §§
				31-5-5 or
				37-1-53 or their successor
				statutes.
(5) Costs for transcripts
				and copies of records will be governed by the Department's general policy on
				costs for copies of its records as found in the Departmental
Administrative Procedure Manual
or its successor.
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et seq.
O.C.G.A. Secs.
				  31-2-4,
				  31-5-5,
				  31-5-6,
				  37-1-22,
				  37-1-23,
				  37-1-50,
				  37-1-53,
				  49-4-3,
				  49-4-13,
				  49-9-11,
				  50-13-3,
				  50-13-13,
				  50-18-71,
				  50-18-72,
				  50-18-94.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.19 - Certification of Hearing Records

Current through Rules and
				Regulations filed through June 27, 2024
The official assigned to issue the final decision in any
				  hearing is authorized to certify copies of the record of such hearing as true,
				  complete and correct, and such certification will constitute the certification
				  of the Commissioner and the Department thereto. In the absence or
				  unavailability of the assigned official, the appointing authority of that
				  official or the Commissioner may so certify the hearing
				  record.
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et seq.
O.C.G.A. Secs.
				  1-3-1,
				  31-2-4,
				  37-1-22,
				  37-1-23,
				  49-4-3,
				  50-13-3.