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
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