Ga. Comp. R. & Regs. R. 290-2-5-.07 - Inspections and Investigations

Current through Rules and Regulations filed through April 4, 2022

The department is authorized and empowered to conduct investigations and inspections of any institution required by these rules to be licensed. The proposed and current licensee and staff shall cooperate with any inspection or investigation by responding truthfully to any legitimate departmental inquiry.

(a) Initial Inspection. Following receipt and review of a complete application package, the department may conduct an inspection of the institution to assess compliance with these rules.
(b) Consent to Access. An application for a license or commission to operate an institution or the issuance of a license by the department constitutes consent by the applicant, the proposed holder of the license and the owner of the premises for the department's representative, after displaying picture identification to any institution staff, to enter the premises at any time during operating hours for the purpose of inspecting the facility. This includes both scheduled and unscheduled inspections and includes consent for meaningful access to all staff, parts of the premises, all children present, and all records required by these rules.
(c) Other Inspections. The department may conduct scheduled and unscheduled inspections of an institution in the following instances:
1. Annually or at other regular intervals as the department may determine or at the expiration of the current license; or
2. Upon receiving a report, including a report submitted by the institution, alleging child abuse, neglect, or sexual exploitation as defined in O.C.G.A. § 15-11-2 which occurred while the child was in the care of the institution director or employees; or
3. Upon receiving information of alleged violations of these rules, including information provided by the institution, which, if true, could endanger the health, safety or welfare of the children in care; or
4. Upon receipt and review of a request for an amended license, where the department determines that an inspection is advisable; or
5. Upon the department or its duly authorized representative being made aware of any flagrant abuses, derelictions or deficiencies during the course of the department's inspection or at any other time. The department shall immediately investigate such matters and may conduct an inspection so as to take such actions as conditions may require; or
6. Subsequent to the receipt of a plan of correction, as determined necessary by the department, to monitor whether the plan of correction is being complied with by the institution's personnel.
(d) Failure to Allow Access. Failure to allow access of the department's representative to the institution, its staff, or the children receiving care at the institution or the books, records, papers, or other information related to initial or continued licensing, or failure to cooperate with a departmental inspection or investigation shall constitute good cause for the denial, restriction, revocation or suspension of a license, or other penalty as provided by law.
(e) False or Misleading Statements. No licensee shall make or condone any employee making false or misleading statements to the department in connection with any authorized investigation or inspection being conducted by the department.

Notes

Ga. Comp. R. & Regs. R. 290-2-5-.07
O.C.G.A. §§ 49-5-8, 49-5-12.
Original Rule entitled "Staff" adopted. F. Oct. 1, 1974; eff. Oct. 21, 1974. Repealed: New Rule entitled "Additional Requirements for Institutions Providing Group Care for the Exceptional Children" adopted. F. Aug. 26, 1975; eff. Sept. 15, 1975. Repealed: New Rule entitled "Inspections and Investigations" adopted. F. June 30, 1994; eff. August 1, 1994, as specified by the Agency. Repealed: New Rule of same title adopted. F. June 5, 2007; eff. June 25, 2007. Repealed: New Rule of same title adopted. F. Jan. 24, 2008; eff. Feb. 13, 2008. Amended: F. Dec. 7, 2020; eff. Jan. 1, 2021, as specified by the Agency.

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