Ga. Comp. R. & Regs. R. 511-9-2-.19 - Disciplinary Actions Against Licensees
(1) The Department shall revoke the license
of any individual or entity licensed under Chapter 31-11 for failure to comply
with Chapter 31-11, the regulations of the Department, or approved Regional
Ambulance Zoning Plans. The term "license" as used in this regulation includes
certificates issued to EMS personnel or instructors pursuant to Article 3 of
Chapter 31-11.
(2) The Department
may, in its discretion, impose a lesser sanction where the circumstances of the
violation do not merit revocation of the license, including probation on
specified terms or suspension.
(3)
In addition to revocation, suspension, or probation of a license, the
Department in its discretion may impose a fine not to exceed a total of $25,000
for each violation or up to $1,000 per day for each violation of Chapter 31-11,
the rules and regulations of the Department, or approved Regional Ambulance
Zoning Plans.
(4) Procedure.
(a) The Department shall give written notice
of any disciplinary action taken pursuant to this regulation by certified mail
or statutory overnight delivery to the licensee's last known address, unless
the licensee provides a different address to which notices may be sent. The
notice shall set forth the individual facts or conduct, which warrant the
disciplinary action.
(b) The
Department shall provide an administrative hearing on the disciplinary action
if the licensee makes a written request for a hearing. Such written request
must be actually delivered to and received by the Director of the Georgia
Office of EMS and Trauma not later than twenty days after the licensee receives
the notice of disciplinary action.
(c) The licensee shall have at least twenty
days' prior notice of the time and place of the hearing.
(5) Effective date of disciplinary action.
(a) All disciplinary actions by the
Department are effective twenty days after the licensee's receipt of the
notice, unless the licensee makes a timely request for a hearing. In that
event, the action shall become effective upon the agency's final
decision.
(b) Upon a written
finding set forth in the notice of disciplinary action that the public safety,
heath, and welfare imperatively require emergency action, the suspension of the
license shall be effective immediately upon issuance of the notice, and a
hearing promptly scheduled to consider final revocation of the
license.
(6) Upon request
by the licensee for exculpatory, favorable, or arguably favorable information
relative to pending allegations involving disciplinary action, the Department
shall either furnish such information, indicate that no such information
exists, or provide such information to the hearing officer for in camera
inspection pursuant to O.C.G.A. §
50-13-18(d)(2).
Notes
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