Ga. Comp. R. & Regs. R. 111-8-12-.10 - Contested Results and Appeals

(1) An owner, applicant for employment, employee, administrator, onsite manager or director may:

(a) Obtain information concerning the accuracy of his or her criminal record, and the department shall refer such individual to the appropriate state or federal law enforcement agency that was involved in the arrest or conviction;

(b) Challenge the finding that he or she is the true subject of the results from a registry check, and the department shall refer such individual to the agency responsible for maintaining such registry; and

(c) Appeal his or her disqualifying unsatisfactory determination pursuant to O.C.G.A § 31-7-358.

(2) Applicants for employment, employees, administrators, onsite managers or directors who received an unsatisfactory determination or whose name appears on a registry check conducted pursuant to these rules shall be eligible to appeal such determination pursuant to Chapter 13 of title 50, the "Georgia Administrative Procedure Act." In a hearing held pursuant to this paragraph, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, and other indicia of rehabilitation.

(3) Owners

(a) The department's unsatisfactory determination of an owner or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department.

(b) In a hearing held pursuant to subparagraph (1)(c) above, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. When a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecuting attorney to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated under these rules. If objections are made, the hearing officer shall take such objections into consideration.

Notes

Ga. Comp. R. & Regs. R. 111-8-12-.10

O.C.G.A. §§ 31-7-354, 358.

Original Rule entitled "Contested Results and Appeals" adopted. F. Aug. 14, 2019; eff. Sept. 3, 2019.