Rule 111-8-40-.06 - Permit Denial and SanctionsThe Department may refuse to grant an initial permit, revoke a current permit, or impose other sanctions as described herein and in the rules for the "General Licensing and Enforcement Requirements," Chapter 111-8-25.
(a)Denial of an Application for a Permit. The Department may refuse to grant an initial permit or provisional permit without the requirement of holding a hearing prior to the action. Denial of an application for a change to a permit from an existing facility shall be subject to notice and opportunity for a hearing following the denial. An application may be refused or denied if: 1. The hospital has failed to demonstrate compliance with these rules and regulations;2. The applicant or alter ego of the applicant has had a permit denied, revoked, or suspended within one (1) year of the date of a new application;3. The applicant has transferred ownership or governing authority of a hospital within one (1) year of the date of the new application when such transfer was made in order to avert denial, suspension, or revocation of a permit; or4. The applicant has knowingly made any verbal or written false statement(s) of material fact in connection with the application for the permit or on documents submitted to the Department as part of any inspection or investigation or in the falsification or alteration of facility records made or maintained by the hospital.(b)Sanction of a Permit. 1. The Department may take an action to sanction the hospital permit holder, subject to notice and opportunity for a hearing, where the Department finds that the hospital has: (i) Knowingly made any verbal or written false statement of material fact either in connection with the application for the permit or on documents submitted to the Department as part of any inspection or investigation or in the falsification or alteration of hospital records made or maintained by the hospital;(ii) Failed or refused, without legal cause, to provide the Department with access to the premises subject to regulation or information pertinent to the initial and continued licensing of the hospital;(iii) Failed to comply with the licensing requirements of this state; or(iv) Failed to comply with the provisions of O.C.G.A. § 31-2-8 or Rules for General Licensing and Enforcement Requirements, Chapter 111-8-25.2. Such sanctions may include any one or more of the following: (i) Administration of a public reprimand;(ii) Suspension of the permit;(iii) Prohibition of persons in management or control;(iv) Imposition of civil penalties as provided by law; and(v) Revocation of the permit.(c) If the sanction hearing process results in revocation of the permit, the permit shall be returned to the Department.Ga. Comp. R. & Regs. R. 111-8-40-.06
O.C.G.A. §§ 31-2-8 and 31-7-1et seq., and the Rules for General Licensing and Enforcement Requirements, Chapter 111-8-25.
Original Rule entitled "Permit Denial and Sanctions" adopted. F. Feb. 20, 2013; eff. Mar. 12, 2013.