Ga. Comp. R. & Regs. R. 111-8-13-.05 - Appeals of Ineligibility Determinations

(1) If an applicant or employee receives an ineligible determination notice by the Department and wishes to appeal the ineligible determination, the applicant or employee must appeal by requesting an appeal in writing within ten (10) days of receipt of the notice. The applicant or employee must submit their request in writing for the Department at via submission of the Request for Administrative Appeal form located at the Department's website at https://dch.georgia.gov/divisionsoffices/hfrd/facility-licensure/georgia-criminal-history-check-system-gchexs/request (or such other location as indicated on the Department's webpage) or via mail to the Georgia Department of Community Health, Office of Inspector General, 19^th Floor, 2 M.L.K. Jr. Drive, SW, Atlanta, GA 30334, or such other mailing address listed for the Department's headquarters as set forth on its website located at www.dch.ga.gov.

(2) An applicant or employee who receives an ineligible 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 or rehabilitation.

Notes

Ga. Comp. R. & Regs. R. 111-8-13-.05

O.C.G.A. §§ 31-7-360, 31-7-384.

Original Rule entitled "Appeals of Ineligibility Determinations" adopted. F. Nov. 30, 2021; eff. Dec. 20, 2021. Amended: F. June 9, 2023; eff. June 29, 2023.