Compilation of Rules and Regulations of the State of Georgia
Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES
Chapter 290-1 - ADMINISTRATION
Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS
Rule 290-1-6-.03 - Definitions

Universal Citation: GA Rules and Regs r 290-1-6-.03

Current through Rules and Regulations filed through September 23, 2024

In these rules, unless the context otherwise requires, the terms set forth herein shall mean the following:

(a) "Administrative action" means the initiation of a contested case as defined in the Georgia Administrative Procedures Act (APA), O.C.G.A. Sec. 50-13-2(2).

(b) "Alter ego" means a person who acts pursuant to the control or influence of another while purporting to act independently.

(c) "Commissioner" means the Commissioner of the Department of Human Resources.

(d) "Department" means the Department of Human Resources, its agents and employees.

(e) "Document" means any book, record, paper, or other information related to initial and continued licensing.

(f) "Facility" means any agency, institution, entity or person subject to regulation by the department under Chapters 7, 13, 22, and 23 of Title 31, and under Chapter 5 of Title 49 of the Official Code of Georgia Annotated.

(g) "Final Adverse Finding" means

1) the issuance of a ruling by the Commissioner on any appeal from a decision of a hearing officer or hearing examiner pursuant to a contested case involving the imposition of a sanction;

2) when a decision of the hearing officers or hearing examiner becomes final by operation of law because no appeal is made to the Commissioner;

3) where the parties to a contested case dispose of the case by settlement; or

4) where a facility does not contest within the allotted time period a sanction imposed by the department.

(h) "Formal Order" means any ruling following an administrative or judicial hearing related to the initial or continued licensing of a facility which requires the facility to take or refrain from taking specified action. Formal orders include, but are not limited necessarily to final administrative hearing decisions and settlement agreements between the department and facilities. Additionally, formal orders, as defined herein, may include any orders issued by the Commissioner as authorized by current laws, such as O.C.G.A. Sec. 31-7-2.2 and O.C.G.A. Sec. 49-5-90et seq., or as authorized by similar statutes enacted after the effective date of these rules.

(i) "Inspection" means any examination by the department or its representatives of a facility, including but not necessarily limited to the premises, and staff, persons in care, and documents pertinent to initial and continued licensing so that the department may determine whether a facility is operating in compliance with licensing requirements. The term "inspection" includes any survey, monitoring visit, or other inquiry conducted for the purpose of making a compliance determination with respect to licensing requirements.

(j) "Investigation" means any examination, conducted in response to an allegation or allegations of noncompliance, by the department or its representative of a facility, including but not necessarily limited to the premises, and staff, persons in care, and documents pertinent to initial and continued licensing so that the department may determine whether a facility has violated any licensing requirement.

(k) "License" means official authorization granted by the department pursuant to any of the provisions of law cited in Rule .01 to operate a facility. The term "license" includes any permit, registration, commission, or similar designation reflecting such authorization.

(l) "Licensee" means any person holding a license.

(m) "Licensing requirements" means any provisions of law, rule, regulation, or formal order of the department which apply to facilities with respect to initial or continued authority to operate.

(n) "Management or Control", for the purpose of imposing the sanction pursuant to Rule .04(1)(c) or .04(2)(b), means the exercise of or authority to exercise direction, administration, or oversight over a facility's operations by certain persons which include owners, directors, or administrators.

(o) "Person" means any individual, agent, representative, governing authority, firm, organization, partnership, agency, association, corporation, facility, or other entity.

O.C.G.A. Sec. 31-2-6.

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