Ga. Comp. R. & Regs. R. 80-12-8-.01 - Eligible Organizations

(1) Upon obtaining written approval from the Department, an MALPB may contract with an eligible organization to perform administrative support, information technology support, financial support, or tax and finance support. In the event the MALPB applicant has a contract with an eligible organization at the time of the submission of its application, then the information required by this Rule must be submitted as part of the application. However, if an MALPB seeks to enter into a contract with an eligible organization after obtaining its charter, then the MALPB must obtain written approval from the Department prior to entering into the contract. Additional detail regarding the Department's review of the MALPB's proposed contractual relationship with the eligible organization may be set forth in the Department's Applications Manual or Statement of Policies.

(2) In order for the Department to evaluate a request from an MALPB to approve a proposed contract with an eligible organization, the MALPB must provide, at a minimum, the following information:

(a) A copy of the contract under which the services are to be provided which contract shall expressly provide that:

1. The records of the MALPB in the eligible organization's possession are subject to examination and regulation by the Department as if the records were maintained by the MALPB on its own premises;

2. The records of the MALPB in the eligible organization's possession shall be made available to the Department immediately upon receipt of notice;

3. The Department has the authority to review the internal routine and controls of the eligible organization to ascertain that the operations are being conducted in a manner that will not adversely impact the character, reputation, financial stability, and technology and information security systems of the MALPB; and

4. The eligible organization shall comply with all requirements applicable to the MALPB as if the services were provided directly by the MALPB;

(b) A schedule of fees to be charged for each type of service to be performed;

(c) A listing of all reports and printouts the eligible organization will provide the MALPB and that these reports and printouts will be provided to the Department upon request;

(d) Evidence of the eligible organization's financial stability which shall include a copy of its most recent audit and financial statement prepared within the last eighteen (18) months;

(e) Biographical information on the key officers of the eligible organization, which shall include, but not be limited to, chief executive officer, chief information officer, and, if applicable, chief risk officer; and

(f) Completion of all applicable forms and directions related to an eligible organization set forth in the Department's Applications Manual or Statement of Policies.

(3) The Department shall request additional information, approve, conditionally or otherwise, or deny a request for authorization to contract with an eligible organization within sixty (60) days after receipt of the written request. In the event the Department does not take any of the above actions within sixty (60) days, then the application will be deemed approved. The timeframe for the Department to act on a request by an MALPB applicant to approve a pre-existing contract shall be when the Department is required to act on the MALPB charter application as set forth in Rule 80-12-2-.04.

(4) In the event an MALPB wishes to amend an approved contract with an eligible organization, it must make a written request to the Department which shall include a copy of the proposed amendment along with a detailed rationale for the proposed amendment. The Department shall approve, conditionally or otherwise, or deny a request to amend an approved contract with an eligible organization within sixty (60) days of receipt of the written request.

Notes

Ga. Comp. R. & Regs. R. 80-12-8-.01

O.C.G.A. §§ 7-9-2, 7-9-3, 7-9-13.

Original Rule entitled "Eligible Organizations" adopted. F. Dec. 3, 2013; eff. Dec. 23, 2013.