Ga. Comp. R. & Regs. R. 80-12-8-.02 - Support Organizations

(1) An MALPB that enters into a contract with a support organization shall provide the Department with written notice of the contract within thirty (30) days after execution of the contract.

(2) An MALPB shall not execute a contract with a support organization unless the following information has been obtained:

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

1. The records of the MALPB in the support 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 support 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 support 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 support 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 support organization will provide the MALPB and that these reports and printouts will be provided to the Department upon request;

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

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

(3) An MALPB contracting with a support organization must maintain the information set forth in Paragraph 2 at its main office.

(4) In the event an MALPB amends an approved contract with a support organization, the MALPB shall provide the Department with written notice of the amendment within thirty (30) days of execution of the amendment.

Notes

Ga. Comp. R. & Regs. R. 80-12-8-.02

O.C.G.A. §§ 7-9-3, 7-9-13.

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