Ga. Comp. R. & Regs. 570-38-6-.09

Current through Rules and Regulations filed through November 22, 2024
Rule 570-38-6-.09 - Suspension or Revocation of License
(1) A license issued pursuant to this Subchapter may be suspended or revoked by the Department for any reason authorized by law and as required to ensure compliance with this Chapter.
(2) Except where otherwise provided for by law, prior to suspension or revocation of a license pursuant to paragraph (1) of this Rule, the person or entity holding that license shall be provided notice and an opportunity for a hearing. Notice shall be made by certified mail to the most recent address provided by the license holder pursuant to subparagraph (4)(b) of Rule 570-38-6-.03 and as updated by Rules 570-38-6-.05 and 570-38-6-.06.
(3) A license holder shall be notified of the Department's decision to suspend or revoke a license by certified mail to the most recent address provided by the license holder pursuant to subparagraph (4)(b) of Rule 570-38-6-.03 and as updated by Rules 570-38-6-.05 and 570-38-6-.06.
(4) Notice under this rule shall be deemed effective by the earlier of
(a) the date upon which delivery by certified mail is made of the notice; or
(b) three days after notice is sent by certified mail to the license holder.
(5) A license holder shall be entitled to a hearing to contest the suspension or revocation of their license under this Subchapter upon written request made within 30 days of the date of notice of suspension or revocation.
(6) Suspensions and revocations of licenses pursuant to this Rule shall become effective immediately upon the effective date of notice of the suspension or revocation to the licensee and shall remain in effect during any hearing, appeal, or review of the Department's decision to suspend or revoke the license, except as otherwise required by law and as otherwise ordered by the Department.
(7) Except as otherwise provided in this Subchapter, the license of a license holder which is suspended for a fixed period of time pursuant to this rule shall automatically become reinstated without any further action needed by the licensee upon the date or following the term specified by the Department in the order suspending the license.
(8) Paragraph (7) of this Rule notwithstanding,
(a) if a license becomes expired during a term of suspension, it shall remain expired until the license holder complies with the renewal requirements of Rule 570-38-6-.05; and
(b) if a subsequent order is issued by the Department which pertains to the license or suspension of a license in question, that order shall control.

Ga. Comp. R. & Regs. R. 570-38-6-.09

O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-194; 40-1-197.

Original Rule entitled "Suspension or Revocation of License" adopted. F. Apr. 21, 2020; eff. May 11, 2020.