reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 269 - GRANT PROGRAM DESCRIPTION FOR GEORGIA COUNCIL FOR THE ARTS › Chapter 269-1 - GRANT PROGRAMS › Rule 269-1-.07 - Technical Assistance

Current through Rules and Regulations filed through June 27, 2024
(1)
Statutory Basis for Grant Program:
O.C.G.A. 50-1225.
(2)
General Scope and Purpose of the Grant Program:
The general purpose and scope of this program is to provide financial support for a wide range of training and technical assistance for arts organizations. Technical assistance may be defined as the provision of information through consultation, training, workshops, seminars and conferences which result in the improvement of the organization administratively and/or programmatically. Areas funded include, but are not limited to: fiscal affairs, human resources, communication and the use of technology, planning, evaluation, marketing and development, and artistic development.
(3)
General Terms and Conditions of the Grant:
The general terms and conditions of the grant are as follows:
(a) All grantees sign a contract for services obligating them to undertake the technical assistance project outlined in their application.
(b) All program/services must be conducted in compliance with applicable state and federal regulations regarding nondiscrimination and fair labor standards. Specifically, they must comply with provisions of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, and the provisions of Labor Standards under Section 5(j) of the National Foundation for the Arts and Humanities Act of 1965, as amended. Grantees also must not discriminate on the basis of sexual orientation.
(c) Grantees must maintain complete financial records for all activities covered by the contract and provide a final report at the end of the project detailing all expenditures. This report must include a copy of any consultant(s)' reports and/or a description of the results of the project.
(d) Grantees must provide credit to the Georgia Council for the Arts in all publicity materials. This credit is to be provided in the form of the use of a camera-ready logo provided by the GCA, or by presenting the following statement: "This program is supported in part by the Georgia Council for the Arts through the appropriations of the Georgia General Assembly."
Compilation of Rules and Regulations of the State of Georgia › Department 271 - GRANT PROGRAM DESCRIPTION FOR GEORGIA HUMANITIES COUNCIL › Chapter 271-1 - GRANT PROGRAMS › Rule 271-1-.01 - Humanities Grants

Current through Rules and Regulations filed through June 27, 2024
(1) Statutory Basis for Grant Program. O.C.G.A. Sec. 28-5-120.
(2) General Scope and Purpose of Grant Program. The general scope and purpose of the grant program is to provide support for educational projects which use the knowledge and insights of one or more humanities disciplines to increase understanding of historical, literary, and philosophical perspectives on human experience.
(3) General Terms and Conditions of the Grant. The general terms and conditions of the grant are the development of a plan for a humanities project according to the
Guidelines for Grant Applications
and commitment to provide at least one-half of the cost of the project.
(4) Eligible Recipients of a Grant must be non-profit organizations or public agencies.
(5) Criteria for Award. Grants are awarded through a competitive application process. Awards are made for projects which best fulfill the grant guidelines which include the appropriate involvement of humanities scholars, a plan to serve a target audience, an adequate evaluation plan, and a publicity plan.
(6) Directions and Deadlines for Applying. Requests for information should be directed to the Georgia Humanities Council, 50 Hurt Plaza, SE, Suite 440, Atlanta, Georgia 30303-2936.
O.C.G.A. Sec. 28-5-120.
Compilation of Rules and Regulations of the State of Georgia › Department 272 - STATE HEALTH PLANNING AGENCY › Chapter 272-2 - REPEALED › Rule 272-2-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs. 31-5A, 31-6, 31-6-21, 31-6-21.1.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › 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.
Emergency Rule Chapter 274-1-0.1 has been adopted. Filed July 21, 1983; effective July 20, 1983, the date of adoption, to 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. This Emergency Rule was adopted to comply with Georgia Laws 1983, Act 552, mandating the Review Board to promulgate rules separate from the Health Planning Agency. (This Emergency Rule will not be published; copies may be obtained from the Agency.)
Chapter 274-1 entitled "Administration" has been adopted superseding Emergency Rule 274-1-0.1. Filed November 8, 1983; effective November 28, 1983.
Rules  274-1-.04  and  .13  have been amended. Filed July 9, 1985; effective July 29, 1985.
Chapter 274-1 has been repealed and a new Chapter adopted. Filed December 19, 1994; effective January 8, 1995.
Rule 274-1 had been amended. Filed August 15, 2002; effective September 4, 2002.
Chapter 274-1 has been repealed and a new Chapter adopted. Filed December 16, 2004; effective January 5, 2005.
Rules  274-1-.08,  .11, and  .14  have been amended. Filed October 14, 2005; effective November 3, 2005.
Rules  274-1-.03,  .10,  .11, and  .19  have been amended. Filed September 29, 2006; effective October 19, 2006.
Chapter 274-1 has been repealed and a new chapter adopted. Filed September 25, 2008; effective October 15, 2008.
Rule  274-1-.10  has been amended. Filed August 27, 2009; effective September 16, 2009.
Rule  274-1-.12  amended. F. Nov. 17, 2015; eff. Dec. 7, 2015.
Rule  274-1-.12  amended. F. Dec. 12, 2017; eff. Jan. 1, 2018.
Rules  274-1-.01,  .02,  .03,  .04,  .06,  .10,  .11,  .12  amended. F. Aug. 12, 2022; eff. Sep. 1, 2022.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Appeal Panel" means the panel of attorneys appointed by the Governor to review the Department's initial decision to grant or deny a certificate of need application.
(2) "Appellant" means the person who files an appeal with the Appeal Panel.
(3) "Applicant" means the person who files an application for review of a project with the Department.
(4) "Chairperson" means the Chairperson of the Appeal Panel appointed by the Governor or the Vice Chairperson acting as Chairperson at the direction of either the appointed Chairperson or the Governor.
(5) "Commissioner" means the commissioner of the Department of Community Health as provided for in O.C.G.A. §
								31-2-6.
(6) "Department" means the Department of Community Health established under O.C.G.A. §
								31-2-4.
(7) "Hearing Officer" means the attorney from the Appeal Panel to whom a case has been assigned by the Chairperson.
O.C.G.A. §§
										31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.03 - Request for Initial Administrative Appeal Hearing or Intervention

Current through Rules and Regulations filed through June 27, 2024
(1) Any Applicant for a project, and any party that is permitted to oppose an application pursuant to paragraph (2) of subsection (d) of O.C.G.A. §
								31-6-43 and has timely notified the Department, as required by the applicable certificate of need rules, prior to its decision that such party is opposed to the application before the Department, shall have the right to an initial administrative appeal hearing before an appeal panel hearing officer or to intervene in such hearing.
(2) Such request for hearing or intervention shall be filed with the Chairperson of the Appeal Panel within thirty (30) days of the date the Department decision is issued, pursuant to O.C.G.A. §
								31-6-43, or within thirty (30) days after the date the application is deemed to have been approved, if no decision is issued. A request for intervention shall be filed with the Chairperson of the Appeal Panel within ten (10) days of any request for hearing. Without exception to the status of the party, the request shall state with specificity which Certificate of Need application(s) is being appealed. Unless agreed otherwise by all of the parties or determined otherwise by the hearing officer to whom the case is assigned, an appeal of one application which was joined with one or more other applications by the Department, or an application which was reviewed concurrently in a batching review cycle by the Department, shall serve as an appeal of all of the joined or batched applications.
(3) A request for an initial administrative appeal hearing before a hearing officer or to intervene in such a hearing shall be in writing and filed via the Department's web portal within the applicable thirty (30) day period. If the thirtieth (30th) day falls on a weekend or a federal or state holiday, the time for requesting an appeal or intervention shall be extended to the next business day. The date of receipt shall be the official date and timestamp stated on the electronic mail receipt confirmation for the web portal submission.
O.C.G.A. §§
										31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.04 - Appeal Filing Fees; Provisions for Amount and Payment

Current through Rules and Regulations filed through June 27, 2024
(1) In the event an appeal is filed, the appeal shall be accompanied by payment of a filing fee of $7,500.00. The fee shall be made using one of the methods of payment listed on the "Approved Methods of Payment for the Appeal Filing Fee" posted on the Department's website at
https://dch.georgia.gov/divisionsoffices/office-health-planning/certificate-need-con-appeal-panel
. If the filing fee is mailed, it shall be sent enclosed with a copy of the request for appeal or intervention as provided in Rule  274-1-.03. An appeal filed by or on behalf of a hospital in a rural county to challenge the Department's denial of that hospital's Certificate of Need application shall be exempt from such filing fee.
(2) A separate appeal filing fee, in the amount specified in paragraph (1), shall be paid by each separate party requesting an appeal or intervention in any such appeal. A party requesting intervention shall pay the appeal filing fee within fourteen (14) days of the date on which either the appeal is filed or its intervention is filed, whichever is later. If a Department decision to grant a Certificate of Need application is appealed to the Certificate of Need Appeal Panel, then the Applicant for the Certificate of Need may intervene in the appeal without having to pay an appeal filing fee.
(3) In the event a party requests an appeal or intervention in an appeal of more than one application reviewed by the Department, pursuant to joinder review or a batching cycle review, the party shall pay a separate filing fee for each separate application for which an appeal or intervention in such appeal is requested.
O.C.G.A. §§
										31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.05 - Assignment of Hearings; Review of Initial Administrative Appeal and Intervention Requests

Current through Rules and Regulations filed through June 27, 2024
(1) In the event an appeal is requested, the Chairperson of the Appeal Panel shall appoint a hearing officer for each such hearing within thirty (30) days after the date the appeal is received. The Chairperson shall immediately deliver the appeal request and any other related documentation to the assigned hearing officer.
(2) The hearing officer shall review the request to determine whether it was timely filed and whether Appellant has standing. If the request is timely and the Appellant has standing, an initial administrative appeal hearing shall be granted; provided, however; the hearing officer shall be entitled to consider all pre-hearing motions and arguments and may dispose of the case before conducting a hearing. The hearing officer shall have the authority to and shall make such rulings as may be required for the conduct of the hearing. If the request is not timely or the Appellant lacks standing, the hearing officer shall deny the request.
O.C.G.A. Secs. 31-5A, 31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.06 - Scheduling and Notice of Initial Administrative Appeal Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) Within fourteen (14) days after the appointment of the hearing officer, such hearing officer shall confer with the parties and set the date or dates for the hearing. The hearing officer shall provide the parties with written notice sent regular mail or electronic mail at least fourteen (14) days before the date of commencement of the hearing. Notification shall include, at a minimum, the information required in the Georgia Administrative Procedure Act, O.C.G.A. §
								50-13-13.
(2) The hearing officer shall make all arrangements for scheduling the hearing, providing for the making of a record, the transcription thereof, and any other arrangements necessary to convene the hearing. However, the hearing officer shall be authorized to request the assistance of the General Counsel of the Department as necessary in the discharge of these duties.
O.C.G.A. §§
										31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.07 - Time of Initial Administrative Appeal Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) The hearing shall be scheduled not less than sixty (60) days nor more than one hundred and twenty (120) days after the filing of the request for a hearing, unless the Applicant consents, or in the case of competing Applicants, all applicants consent to an extension of this time period to a specified date. Unless the Applicant consents, or in the case of competing Applicants, all Applicants consent to an extension of said one hundred and twenty (120) day period, any hearing officer who regularly fails to commence a hearing within the required time period shall not be eligible for continued service as a hearing officer for the purposes of these Rules.
(2) The hearing officer shall be entitled to consider all pre-hearing motions and arguments and may dispose of the case before conducting a hearing. The hearing officer shall have the authority to and shall make such rulings as may be required for the conduct of the hearing.
O.C.G.A. Secs. 31-5A, 31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.08 - Place of Initial Administrative Appeal Hearing

Current through Rules and Regulations filed through June 27, 2024
The initial administrative appeal hearing shall be held at the offices of the Department (2 Peachtree Street, NW, Atlanta, Georgia 30303) or, if those offices are unavailable at the scheduled time of the hearing, or are insufficient to accommodate the hearing for any reason, at such other place as the hearing officer designates with the approval of the General Counsel of the Department of Community Health.
O.C.G.A. Secs. 31-5A, 31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.09 - Scope of Initial Administrative Appeal Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) The issue for the decision by the hearing officer shall be:
(a) whether, and the hearing officer shall order issuance of a Certificate of Need if, in the hearing officer's judgment, the application is consistent with the considerations as set forth in O.C.G.A. §
									31-6-42 and the Department's Rules, as the hearing officer deems such considerations and Rules applicable to the review of the project;
(b) whether the Department committed prejudicial procedural error in its consideration of the application; and
(c) whether the appeal lacks substantial justification; and
(d) whether such appeal was undertaken primarily for the purpose of delay or harassment.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.10 - Conduct of Initial Administrative Appeal Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) The initial administrative hearing shall be conducted as a full evidentiary hearing in accordance with Chapter 13 of Title 50, the Georgia Administrative Procedure Act, relating to contested cases, except as otherwise specified in O.C.G.A. §
								31-6-44 or these Rules. In addition to being filed via the Department's web portal where required by Rule  274-1-.01(5), all documents submitted to the hearing officer, another party or an attorney of record pursuant to this rule may be submitted via either regular mail or electronic mail, unless otherwise directed by the hearing officer.
(2) Subject to the prior approval of the hearing officer, all files, working papers, studies, notes and other writings or information used by the Department in making its decision shall be public records and available to the parties, and the hearing officer may permit each party to exercise such reasonable rights of pre-hearing discovery of such information used by the parties as will expedite the hearing. Answers to such a request for discovery shall be served within ten (10) business days of the date the request was received. A request for discovery of information not included in items (a) through (f) below shall be made to the hearing officer. Any party may, upon written request to another party, discover the following items as a matter of right:
(a) a list of considerations and standards that are deemed applicable and as to which evidence will be presented;
(b) the names and addresses of all witnesses who will be present for the hearing;
(c) the names and addresses of all witnesses who may be present for the hearing;
(d) the resume of any expert witness who will or may be present for the hearing;
(e) a list of each documentary or demonstrative item to be used at the hearing and known at the time the request for discovery is answered; and
(f) any updates of studies or data previously submitted to the Department.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.11 - Decision of Hearing Officer

Current through Rules and Regulations filed through June 27, 2024
(1) Within thirty (30) days after the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law as to each consideration as set forth in O.C.G.A. §
								31-6-42. and the Department's Rules, including a detailed statement of the reasons for the decision of the hearing officer. The hearing officer may, by order, extend the period in which the decision must be made upon a determination that the complexity of the issues and/or the length of a record requires such extension of the period, but in no event may such extension exceed an additional fifteen (15) days.
(2) If any party has alleged that an appeal lacks substantial justification or was undertaken primarily for the purpose of delay or harassment, the decision of the hearing officer shall make findings of fact addressing the merits of the allegation pursuant to O.C.G.A. §
								31-6-44.(i).
(3) The conclusion of the hearing is deemed to be the last date for submission of written evidence, proposed findings and conclusions, written arguments, or other materials, as fixed by the hearing officer.
(4) In the event of a consolidated hearing on applications which were joined for comparative review pursuant to O.C.G.A. §
								31-6-43.(f), the hearing officer shall have the same powers specified for the Department in O.C.G.A. §
								31-6-43.(f) to order the issuance of no Certificate of Need or one or more Certificates of Need.
(5) Notice of the decision is deemed to be issued on the day that it is signed by the hearing officer and sent with a Certificate of Service to all parties via the method chosen by the hearing officer.
(6) Immediately upon rendering a decision, the hearing officer shall file such decision, via regular or electronic mail, with the Chairperson of the Appeal Panel who shall serve such decision upon all parties by regular or electronic mail, and shall transmit the administrative record to the Commissioner. The Chairperson shall have been deemed in receipt of the hearing officer's decision on the date that the decision is received.
(7) The hearing officer may remand a matter to the Department if the hearing officer determines that it would be beneficial for the Department to consider new data, studies, or analyses that were not available before the decision or changes to the provisions of the applicable considerations or rules made after the Department's decision. The hearing officer shall establish the time deadlines for completion of the remand and shall retain jurisdiction of the matter throughout the completion of the remand.
(8) Notice of the decision shall include, in addition to findings of fact and conclusions of law, instructions to the Department as to granting or denying a Certificate of Need.
O.C.G.A. §§
										31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.12 - Finality of Hearing Officer's Decision; Optional Review of Hearing Officer's Decision by Department Commissioner

Current through Rules and Regulations filed through June 27, 2024
(1) The decision of the Appeal Panel hearing officer will become the final decision of the Department upon the sixty-first (61[st]) day following the date of the decision unless an objection thereto is filed with the Commissioner within the time limit established in subsection (2) of this rule.
(2) Any party, including the Department, which disputes any finding of fact or conclusion of law rendered by the hearing officer in such hearing officer's decision and which wishes to appeal that decision may appeal to the Commissioner and shall file its specific objections with the Commissioner or his or her designee via the Department's web portal within thirty (30) days of the date of the hearing officer's decision.
(3) Any objections filed in accordance with this rule shall specify in detail the errors allegedly committed by the hearing officer in the hearing officer's decision. Failure to specify such alleged errors in detail shall constitute a waiver of all available objections. Further, the party submitting such objections must specify the date upon which it received the hearing officer's decision.
(4) All objections shall be in writing. A copy must be filed with the Department's Office of Health Planning via the Department's web portal and served on each attorney of record, or directly to any party not represented by an attorney at the time the objections are filed with the Commissioner or his or her designee. The objections must be received by the Office of Health Planning, within the applicable thirty (30) day time period. If the thirtieth (30[th]) day falls on a weekend or a federal or state holiday, the time for submitting such objections shall be extended to the next business day. The date of receipt shall be the official date and timestamp stated on the electronic mail receipt confirmation for the web portal submission. Objections filed over the Department's web portal shall be deemed submitted on the date they are filed, up to 11:59 p.m.
(5) The Commissioner, or his or her designee, shall determine whether a party complied with the provisions of this rule. In the event the Commissioner, or his or her designee, determines that the party failed to comply with the provisions of this Rule, such person shall have the authority to render written decisions on behalf of the Department with respect to such determinations. A decision adverse to a party shall specify in detail the extent to which a party failed to comply.
O.C.G.A. §§
										31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.14 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs. 31-5A, 31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.15 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs. 31-5A, 31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.16 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs. 31-5A, 31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.17 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs. 31-5A, 31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.18 - Prohibition Against Ex- Parte Contact

Current through Rules and Regulations filed through June 27, 2024
After the issuance of a decision by the Department pursuant to O.C.G.A. §
								31-6-43, no party to an appeal hearing, nor any person on behalf of such party, shall make any ex parte contact with the hearing officer appointed to conduct the appeal hearing or the Commissioner, or his or her designee, in regard to a project under appeal. This prohibition shall not be considered to prohibit Department staff from rendering technical and administrative assistance to the Appeal Panel or the Commissioner, if requested to do so.
O.C.G.A. Secs. 31-5A, 31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.19 - Record of Proceedings

Current through Rules and Regulations filed through June 27, 2024
The record of proceedings shall be maintained at the Office of General Counsel, Department of Community Health, 2 Peachtree Street, N.W., 5th Floor, Atlanta, Georgia 30303, and copies of such records as well as copies of all documents received in evidence shall be available to the public for inspection and copying. All parties to an initial administrative hearing shall share equally in the costs of preparing the record for both the initial administrative hearing and any subsequent Commissioner review involving the case, including the cost of any transcript. An initial party to a contested case before the Appeal Panel who withdraws as a party, prior to the administrative hearing before the hearing officer but after the Master File(s) of the project(s) at issue have been prepared by the Department, shall share in the pro-rata costs of such preparation.
O.C.G.A. Secs. 31-5A, 31-6, 31-6-44.
Compilation of Rules and Regulations of the State of Georgia › Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL › Chapter 274-1 - ADMINISTRATION › Rule 274-1-.20 - Judicial Review

Current through Rules and Regulations filed through June 27, 2024
(1) Any party to the initial administrative appeal hearing conducted by the appointed Appeal Panel hearing officer, excluding the Department, may seek judicial review of the final decision in accordance with the method set forth in O.C.G.A. §
								51-13
et seq.
, the Georgia Administrative Procedure Act, except as otherwise modified by O.C.G.A. §
								31-6-44.1.
(2) In conducting such review, the Court may reverse or modify the final decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the Department, the hearing officer, or the Commissioner or the administrative findings, inferences, and conclusions contained in the final decision are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the department;
(c) Made upon unlawful procedures;
(d) Affected by other error of law;
(e) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the "any evidence" standard contained in other statutory provisions; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-1 - ORGANIZATION › Rule 276-1-.01 - Organization of Board

Current through Rules and Regulations filed through June 27, 2024
The Georgia State Board of Hearing Aid Dealers and Dispensers shall consist of seven members; four of whom shall hold licenses issued by the board and one of whom shall be a diplomat or eligible for certification by the American Board of Otolaryngology and licensed to practice medicine in this state; one of whom shall be a licensed audiologist; and one of who shall be appointed from the public at large. Each member shall be appointed by the Governor with the approval of the Secretary of State.
O.C.G.A. Secs. 43-20-1, 43-20-4 to 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 276-1 - ORGANIZATION › Rule 276-1-.02 - Officers

Current through Rules and Regulations filed through June 27, 2024
The Officers of the Board shall be Chairman, Vice-Chairman who shall be elected from among the members at each annual meeting and shall serve for a term of one year and until their successors shall have been elected.
Ga. L. 1978, pp. 1728-1743.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-1 - ORGANIZATION › Rule 276-1-.03 - Meetings

Current through Rules and Regulations filed through June 27, 2024
The Board shall meet once a quarter. Additional meetings may be called by the Chair of the Board.
O.C.G.A. Secs. 43-20-5, 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 276-1 - ORGANIZATION › Rule 276-1-.04 - Quorum

Current through Rules and Regulations filed through June 27, 2024
Four members shall constitute a quorum, but any action taken at any meeting shall require at least four votes in accord.
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 276-1 - ORGANIZATION › Rule 276-1-.05 - Duties of the Chairman and Vice-Chairman

Current through Rules and Regulations filed through June 27, 2024
The Chairman shall preside at all meetings and shall perform such other duties as the Board may direct. The Vice-Chairman shall preside in absence of the Chairman.
O.C.G.A. Secs. 43-20-4, 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 276-2 - EXAMINATIONS › Rule 276-2-.01 - Examination

Current through Rules and Regulations filed through June 27, 2024
The Examination of applicants for a dispenser's license and an apprentice permit shall be conducted at least once during each calendar quarter.
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 276-2 - EXAMINATIONS › Rule 276-2-.02 - Content of Examination

Current through Rules and Regulations filed through June 27, 2024
The examination shall consist of sections on the: physics of sound; structure and function of the ear; measurement of hearing levels as they pertain to the fitting of hearing aids; selection and adaptation of hearing aids to persons with deficient hearing; making of impressions for ear molds; jurisprudence; and of medical and rehabilitation agencies and referral methods. The Board in its discretion may adopt and administer as its examination the final Examination for Certification of the International Hearing Society, and may employ the grading services of the International Hearing Society. This shall in no way remove from the discretion of the Board the right to review such grades or the right to examine applicants in subjects other than those contained in the International Hearing Society examination.
O.C.G.A. Secs. 43-1-2, 43-20-6, 43-20-8, 43-20-9.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-2 - EXAMINATIONS › Rule 276-2-.08 - Appeal

Current through Rules and Regulations filed through June 27, 2024
A professional licensing board shall have the authority to refuse to grant a license to an applicant upon a finding by a majority of the entire board that the applicant has:
(1) Failed to demonstrate the qualifications or standards for a license. If the Board is not satisfied as to the applicant's qualifications, it may deny a license without prior hearing; provided however, that the applicant shall be allowed to appear before the board if he or she so desires.
O.C.G.A. Secs. 43-1-19, 43-1-25, 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 276-3 - BILL OF SALE › Rule 276-3-.01 - Bill of Sale

Current through Rules and Regulations filed through June 27, 2024
At the time of delivery, the dealer or dispenser shall provide to the person supplied with a hearing aid a bill of sale. The bill of sale will contain, as a minimum, the following:
(a) Dealer and Dispenser information:
1. Dealer name and license number.
2. Dispenser name and license or permit number.
3. Street address and office hours of dealer location.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-4 - DEFINITIONS › Rule 276-4-.01 - Satisfactory Relationship

Current through Rules and Regulations filed through June 27, 2024
Satisfactory relationship shall mean:
(a) The Dealer allows and requires the dispenser, apprentice(s) or trainee to record the Dealer's name, license number, address, and office hours on each and every Bill-of-Sale;
(b) The Dealer agrees to be the office of record for all tests and fittings made by the apprentice, dispenser or trainee;
(c) The Dealer agrees to provide follow up services to all users/purchasers fitted with a hearing aid by the dispenser, apprentice or trainee;
(d) The Dealer agrees to provide routine information for the dispensers, apprentices and trainees to the Board;
(e) The dispenser, apprentice or trainee agrees to provide the original test records and other documentation to the Dealer for retention in accordance with Board rules.
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 276-4 - DEFINITIONS › Rule 276-4-.02 - Office, Store, or Location Established or Maintained for the Dispensing of Hearing Aid Services or Instruments

Current through Rules and Regulations filed through June 27, 2024
(1) An office, store, or location established or maintained for the dispensing of hearing aid devices or instruments shall mean any location presented to the public as a place for dispensing hearing aids. A location established or maintained to sell batteries and/or cords only shall not be so construed. All locations must be licensed by Board with physical address of actual location on license.
(2) Notification of any change of physical location and form for new license shall be mailed to the Board within seven (7) calendar days.
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 276-5 - PROCEDURES, EQUIPMENT, CALIBRATIONS AND RECORDS › Rule 276-5-.01 - Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) Appropriate procedures to be employed in the selection of a hearing aid shall mean the making and recording results of tests of air and bone conduction for both ears; testing and recording level of most comfortable loudness and level of discomfort (Tolerance Level). Masking shall be employed and results recorded when appropriate. Speech discrimination tests shall be made, recorded, and used in the selection of hearing aids. Test data used in the selection process shall not be more than 6 months old.
(a) All practices by licensees shall be in the best interest of persons served professionally.
(b) Licensees shall counsel persons served as to the nature and limitations of the services and products.
(c) Minimal procedures used in the dispensing of hearing aids shall be appropriate to the individual subject. Deviations from  276-5-.01(1)  shall be supported by the test record and defensible by the responsible dispenser.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-5 - PROCEDURES, EQUIPMENT, CALIBRATIONS AND RECORDS › Rule 276-5-.02 - Equipment

Current through Rules and Regulations filed through June 27, 2024
Each dispenser shall have available an instrument or instruments approved by the Board capable of performing the tests described under the procedure section of these rules.
Ga. L. 1978, pp. 1728 - 1743.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-5 - PROCEDURES, EQUIPMENT, CALIBRATIONS AND RECORDS › Rule 276-5-.03 - Calibration

Current through Rules and Regulations filed through June 27, 2024
Licensees shall use calibrated equipment in the delivery of professional services and shall maintain calibration reports for six (6) years. Equipment shall be calibrated annually, or more frequently if in accordance with the manufacturer's specifications, and shall have calibrator's certification that post-calibration readings meet or exceed
American National Standards Institute ("ANSI") standards.
Calibration reports shall contain as a minimum the following:
(a) Audiometer's identification including make, model, and serial number;
(b) Calibrator's identification including company name and location and name of technician responsible for work;
(c) Post calibration readings for air and bone conduction, speech, signal leakage, attenuation linearity, and masking;
(d) Calibrator's certification that post calibration readings meet or exceed ANSI standards;
(e) Date of calibration.
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 276-5 - PROCEDURES, EQUIPMENT, CALIBRATIONS AND RECORDS › Rule 276-5-.04 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) Records required. Required records include results of all hearing tests given, copies of medical information and waivers provided voluntarily, bills of sale, and equipment calibration reports. Test results must include the date of test and the name and license or permit number of the tester. Tests conducted under the supervision of a physician, state licensed audiologist, or masters degree audiologist may be accepted, at the discretion of the dealership, but the records of tests must be part of the dealers records and must show the date of test, name of tester, and the name of the supervising physician or audiologist.
(2) Record retention. The dealer shall (upon the consummation of a sale of a hearing aid) keep and maintain records in his or her office or place of businesses at all times and maintained for a period of six years each records listed below:
(a) the original of all equipment calibration reports, tests, bills of sale, and related documentation for all fittings made or recommended by all dispensers (apprentices) and trainees working within the dealership.
(b) Records of outside tests, records of tests made by a physician, state licensed audiologist, or masters degree audiologist, who have not entered into a satisfactory relationship with the dealer, where a hearing aid selection is made. It is the responsibility of the dispenser to insure that all tests required by the Board rules have been conducted and used in the selection process.
(c) In complying with the Board regulation on Records, licensees are required to maintain evidence that they have met all of the regulations embodied in section 801.421 of the Department of H.E.W.; FDA, regulations on Hearing Aid Devices.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-6 - INTERSTATE VIOLATIONS › Rule 276-6-.01 - Regulations

Current through Rules and Regulations filed through June 27, 2024
Violation of laws regulating the fitting and dispensing of hearing aids, in any other state, by a person licensed by this Board, while he is visiting or residing in such other state, may be considered as unethical conduct by the Board.
Ga. Laws, 1978. pp. 1728-1743.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-7 - FEES › Rule 276-7-.01 - Fees

Current through Rules and Regulations filed through June 27, 2024
Refer to fee schedule for appropriate fees payable to the Board. The required fee must accompany the appropriate application as indicated on a fee schedule adopted by the Board.
O.C.G.A. Secs. 43-1-4, 43-1-7, 43-1-19, 43-20-6 to 43-20-8, 43-20-14.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-7 - FEES › Rule 276-7-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs. 43-20-6 to 43-20-8, 43-20-14.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-7 - FEES › Rule 276-7-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs. 43-20-6 to 43-20-8, 43-20-14.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-7 - FEES › Rule 276-7-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs. 43-20-6 to 43-20-8, 43-20-14.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-7 - FEES › Rule 276-7-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs. 43-20-6 to 43-40-8, 43-20-14.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-8 - PROCEDURAL RULES › Rule 276-8-.01 - Procedural Rules

Current through Rules and Regulations filed through June 27, 2024
The State Board of Hearing Aid Dealers and Dispensers hereby adopts by reference as its permanent rules Chapters 295-3 through 295-13, and any future amendments thereto, Rules and Regulations of the Office of the Joint Secretary, State Examining Boards, relating to Procedures for Hearings before the several State Examining Boards.
Ga. Laws, 1978, pp. 1728-1743.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-9 - PERMITS › Rule 276-9-.01 - Apprentice Permit

Current through Rules and Regulations filed through June 27, 2024
(1) In order to apply for a hearing aid apprentice permit, the applicant shall:
(a) Submit an Application for a Hearing Aid Apprenticeship Permit and the required fee;
(b) Submit a "Statement of Supervision" from the licensed Georgia hearing aid dispenser who will supervise the apprentice permit holder's practice;
(c) Submit a "Statement of Supervision" from the licensed Georgia hearing aid dealer who will employ the apprentice permit holder, supervise the apprentice permit holder and who can attest that the applicant is capable of making the tests and applying the techniques required to dispense hearing aids in accordance with OCGA 43-20;
(d) Submit proof of age as confirmed in a secure and verifiable document, as defined in Code Section 50-36-2;
(e) Submit proof of passage of the practical portion of the examination required for a license to dispense hearing aids.
Compilation of Rules and Regulations of the State of Georgia › Department 276 - GEORGIA STATE BOARD OF HEARING AID DEALERS AND DISPENSERS › Chapter 276-9 - PERMITS › Rule 276-9-.02 - Training Permit

Current through Rules and Regulations filed through June 27, 2024
(1) In order to apply for a hearing aid training permit, the applicant shall:
(a) Submit an Application for a Hearing Aid Training Permit and the required fee;
(b) Submit a "Statement of Supervision" from the licensed Georgia hearing aid dispenser who will supervise the training permit holder's practice;
(c) Proof of Age as confirmed in a secure and verifiable document, as defined in Code Section 50-36-2.