Rule 111-8-68-.10 - Enforcement and Penalties(1) Enforcement of these rules and regulations shall be done in accordance with the Rules and Regulations for Enforcement of Licensing Requirements, Chapter 111-8-25.(2) The facility shall notify each patient's parents and/or legal guardians of the department's actions to revoke the license or seek an emergency suspension of the facility's license to operate.(3) The official notice of the revocation or emergency suspension action and any final resolution, together with the department's complaint intake phone number and website address, shall be provided by the facility to each current and prospective patient's parents and/or legal guardians.(4) The facility shall ensure the posting of the official notice at the facility in an area that is visible to each patient's parents and/or legal guardians.(5) The facility shall ensure that the official notice continues to be visible to each patient's parents and/or legal guardians throughout the pendency of the revocation and emergency suspension actions, including any appeals.(6) The facility shall have posted in an area that is readily visible to each patient's parents and/or legal guardians any inspection reports that are prepared by the Department during the pendency of any revocation or emergency suspension action.(7) It shall be a violation of these rules for the facility to permit the removal or obliteration of any posted notices of revocation, emergency suspension action, resolution, or inspection survey during the pendency of any revocation or emergency suspension action.(8) The department may post an official notice of the revocation or emergency suspension action on its website or share the notice of the revocation or emergency suspension action and any information pertaining thereto with any other agencies that may have an interest in the welfare of the patients in care at the facility.(9) The department may suspend any requirements of these rules and the enforcement of any rules where the Governor of the State of Georgia has declared a state of emergency.(10) Inspections. The facility shall be available at reasonable hours for observation and examination by properly identified representatives of the department. (a) At least annually, a report providing statistical data and brief program narrative shall be provided to the department, as requested.(b) The governing body shall notify the department of the anticipated opening date of a newly constructed facility in order that a pre-opening licensure inspection of the treatment facility may be conducted to determine compliance with these rules and regulations.(c) The administrator or his representative shall accompany the department representative on tours of inspection and shall sign the completed check-list.(11) Plans of Correction. If violations of these licensing rules are identified, the facility will be given a written report of the violation that identifies the rules violated. The facility shall submit to the department a written plan of correction in response to the report of violation, which states what the facility will do, and when, to correct each of the violations identified. The facility may offer an explanation or dispute the findings or violations in the written plan of correction, so long as an acceptable plan of correction is submitted within ten (10) days of the facility's receipt of the written report of inspection. If the initial plan of correction is unacceptable to the department, the facility will be provided with at least one (1) opportunity to revise the unacceptable plan of correction. Failure to submit an acceptable plan of correction may result in the department commencing enforcement procedures. The facility shall comply with its plan of correction.Ga. Comp. R. & Regs. R. 111-8-68-.10
O.C.G.A. Sec. 31-2-11.
Original Rule entitled "Enforcement and Penalties" adopted. F. July 14, 2010; eff. August 3, 2010.