Current through Rules and Regulations filed through March 18, 2025
No day care center shall operate in the State without a
license or commission unless the department determines that it is exempt from
licensure or commission requirements. A license or commission to operate a day
care center may be denied, revoked, restricted or suspended in accordance with
the following:**
(a)
Refusal of
a License or Commission. The department shall refuse to issue any
license or commission upon a showing of:**
1.
Noncompliance with the Rules and Regulations for Day Care Centers which are
designated in writing to the center as being related to children's health and
safety; or, flagrant and continued operation of an unlicensed facility in
contravention of the law; or prior license denial or revocation within one (1)
year of application; or,**
2. the
department may refuse to issue a license or commission where the applicant, or
the agent of the applicant, denies the department's representative access to
the center for the purposes of determining whether a license or commission will
be granted; or,**
3. the department
may refuse to issue a license or commission where the director or employees of
the center do not undergo the applicable records check and receive satisfactory
determinations.**
(b)
Revocation of a License or Commission. The department may revoke
any license or commission in the following instances:**
1. where the department's representative is
refused access to the center for the purpose of determining whether the center
is in compliance with these rules; or,**
2. where the department determines that a
non-correctable deficiency, abuse or dereliction exists in the operation or
management of the center; or,**
3.
where the department determines that a correctable abuse, dereliction or
deficiency in the operation or management of the center has not been corrected
within a reasonable time after:**
(i) having
been brought immediately to the attention of the administrator of the center by
a department representative; and,**
(ii) having been advised in writing of the
deficiencies and setting a time not to exceed ten (10) working days for the
filing of an acceptable plan of correction; and,**
(I) the licensee or commission holder fails
to submit an acceptable plan of correction to the department within the
specified time limits. In determining whether a plan of correction is
acceptable, the department will consider the extent of the deficiencies,
whether the licensee or commission holder has previously been cited for the
same deficiencies, the history of compliance including whether the licensee or
commission holder has sustained compliance with previous plans of correction,
and whether the correction required can be maintained over time; or**
(II) the licensee or commission holder fails
to follow the accepted plan of correction;**
4. where the director or employees of a
center do not undergo the applicable records checks and receive satisfactory
determinations;**
5. where there is
a flagrant abuse, dereliction or deficiency that constitutes shocking
intentional misconduct.**
(c)
Suspension of a License or
Commission. The department may suspend the license or commission to
operate a center in the following instances:**
1. where the director or employees of a
center do not undergo the applicable records checks and receive satisfactory
determinations or**
2. where the
department finds that the public health, safety or welfare imperatively
requires emergency action and incorporates a finding to this effect in its
order summarily suspending the license pending proceedings for revocation or
other action, which proceedings shall be promptly instituted and
determined.**
(d)
Restriction of a License or Commission. The department may
restrict or limit the holder of a regular, restricted or temporary license or
commission from providing certain kinds of care or services to children or
limiting the number and/or age of the children who may be served if the
department determines that the holder of the license or commission either
cannot comply with these rules or has not complied with these
rules.**
(e)
Emergency
Order. Notwithstanding other remedies available to the department which
may be pursued at the same time, the commissioner or his designee may order the
emergency placement of a monitor or monitors in a center in accordance with the
following:**
1. the department's rules and
regulations are being violated which threaten the health, safety, or welfare of
children in care and when one or more of the following conditions are
present:**
(i) the center is operating without
a license or commission; or,**
(ii)
the department has denied the application for the license or commission or has
initiated action to revoke the existing license or commission of the center;
or,**
(iii) children are suspected
of being subjected to injury or life-threatening situations or the health or
safety of a child or children is in danger.**
2. A monitor may be placed in the center for
no more than ten (10) consecutive calendar days, during which time the monitor
shall observe conditions and regulatory compliance with any recommended
remedial action of the department. Upon expiration of the ten (10) day period,
should conditions warrant, the initial ten (10) day period may be extended for
an additional ten (10) day period. The monitor shall report to the department.
The monitor shall not assume any administrative responsibility within the
center, nor shall the monitor be liable for any actions of the center. The
salary and related costs and travel and subsistence allowance as defined by
department policy of placing a monitor in a center shall be reimbursed to the
department by the center, unless the order placing the monitor is determined to
be invalid in a contested case or by final adjudication by a court of competent
jurisdiction, in which event the costs associated with the monitor shall be
paid by the department.**
3. The
emergency order shall contain the following:**
(i) The scope of the order;**
(ii) The reasons for the issuance of the
order;**
(iii) The effective date
of the order if other than the date the order is issued;**
(iv) The person to whom questions regarding
the order are to be addressed; and**
(v) Notice of the right to a preliminary
hearing.**
4. Unless
otherwise provided in the order, an emergency order shall become effective upon
its service to the owner of the center, the director of the center, or any
other agent, employee, or person in charge of the center at the time of the
service of the order.**
5. The
request for a preliminary hearing shall be made in writing within five (5) days
from the time of service, excepting weekends. The request must be made to the
representative of the department designated in the order. Unless a request is
made to appear in person, the preliminary hearing shall consist of an
administrative review of the record, written evidence submitted by the center
affected, and a preliminary written argument in support of its
contentions.**
6. If a request is
made to appear in person at the preliminary hearing, the center shall provide
the name and address of the person or persons, if any, who will be representing
the center in the preliminary hearing.**
7. Upon receipt of a request for a
preliminary hearing, the department shall set and give notice of the date, time
and location of the preliminary hearing. The preliminary hearing shall be held
as soon as possible after a request therefor but in no event later than
seventy-two (72) hours after such request, provided that a center may request
that such hearing be held earlier; provided, however, that in no event will a
hearing be held on a weekend or holiday.**
8. If a personal appearance is requested, the
preliminary hearing shall consist of a review of the evidence in the record,
any additional evidence introduced at the hearing, and any arguments made. A
recording shall be made of the hearing.**
9. The department shall, where practicable,
issue an immediate oral order and shall, in all instances, issue a written
order within four (4) business days after the close of the hearing.**
10. Pending final appeal of the validity of
any emergency order issued as provided for pursuant to O.C.G.A. Sec.
49-5-90
et seq.,
such emergency order shall remain in full effect until vacated or rescinded by
the commissioner or his designee.**
11. The department is not precluded from
taking any actions permitted by other laws or regulations during the time that
an emergency order is in force.**
(f)
Right to a Hearing. The
department's action revoking or refusing to renew or issue a license or
commission required pursuant to O.C.G.A. Sec.
49-5-12 shall be preceded by
notice and opportunity for a hearing and shall constitute a contested case
within the meaning of the "Georgia Administrative Procedure Act", O.C.G.A. Sec.
50-13-1et seq.
except that only thirty (30) days' notice in writing from the
commissioner's designee shall be required prior to license or commission
revocation and except that the hearing held relating to such action by the
department may be closed to the public if the hearing officer determines that
an open hearing would be detrimental to the physical or mental health of any
child who will testify at that hearing.**
1.
In connection with the department instituting proceedings to revoke, suspend,
refuse to renew or restrict a previously issued license or commission, the
department shall provide notice sent by certified mail setting forth the facts
or conduct which has warranted the department's action. The notice shall inform
the licensee or commission holder of the opportunity to demonstrate that the
licensee or commission holder was in full compliance with all lawful
requirements for the retention of the license or commission at the time that
the facts or conduct warranting the revocation, suspension or restriction
action allegedly occurred. However, this notice shall not be required in the
following instances:**
(i) The department
finds that the public health, safety, or welfare imperatively requires
emergency action and incorporates a finding to that effect in its order, in
which case summary suspension of the license may be ordered pending proceedings
for revocation or suspension or other action, which proceeding shall be
promptly instituted and determined; or**
(ii) The department's order is expressly
required, by judgment or a statute, to be made without the right to or hearing
or continuance of any type.**
2. The notice of revocation, suspension or
restriction of a license or commission becomes effective thirty (30) days from
the day of notice unless the licensee or commission holder requests a hearing.
A request for a hearing must be made in writing within ten (10) days of receipt
of the notice of revocation, suspension or restriction.**
(g)
Notice of Hearing. If the
licensee or commission holder requests a hearing, a notice of hearing shall be
mailed or served personally on the licensee or commission holder. The notice
shall contain the following:**
1. a statement
of the date, time, place and nature of the hearing;**
2. a statement of the legal authority and
jurisdiction under which the hearing is to be held;**
3. a reference to the particular section of
the statutes and rules involved;**
4. a short and plain statement of the matters
asserted. The department may refer to any child that is the subject of a
deficiency or violation in the notice by the child's initials. The name of the
child so referenced will be released orally to the licensee or commission
holder upon written request to the department. If the department is unable to
state the matters in detail at the time, the notice may be limited to a
statement of the issues involved. Thereafter, upon application approved by the
hearing officer, a more definite and detailed statement shall be furnished;
and**
5. a statement as to the
right of any party to subpoena witnesses and documentary evidence through the
department.**
(h)
Inspection Warrants. If a department representative is denied
entrance to a center which is believed to be subject to licensure, an
application for an inspection warrant may be made by the department to a court
of competent jurisdiction and, if granted, used to gain entry to that
center.**
(i)
Injunctive
Relief. The department may, without regard to the availability of other
remedies, including administrative remedies, seek an injunction against the
continued operation of a center without a license or commission or the
continued operation of a center in willfull violation of O.C.G.A. Sec.
49-5-1et seq. or
of any regulation of the department or in violation of any other order of the
board of the department.**
(j)
Criminal Penalties. The criminal penalties which may be imposed
for violation of these rules are as follows:**
1. Any person who violates the provisions of
O.C.G.A. Sec.
49-5-12 or who hinders, obstructs,
or otherwise interferes with any representative of the department in the
discharge of that person's official duties in making inspections or in
investigating complaints shall be guilty of a misdemeanor.**
2. Any person who shall make, utter, execute,
or submit to the department any oral or written representation, knowing the
same to be false, for the purpose of obtaining anything of value, including any
service, shall be guilty of a misdemeanor.**
3. Any day care center which operates without
a currently valid license or commission issued by the department is subject to
the provisions of O.C.G.A. Sec.
49-5-12(p) which
provides upon conviction of operating a day care center without a license or
commission, for a fine of not less than fifty dollars ($50.00) nor more than
two hundred dollars ($200) for each offense. Each day of operation without a
license or commission constitutes a separate criminal offense.**
(k)
Civil Penalties.
The department may assess civil penalties in accordance with the following:**
1. A fine, not exceeding five hundred dollars
($500) may be assessed by the department against any person who**
(i) violates any licensing or commissioning
provision of O.C.G.A. Sec.
49-5-1
et seq. or
any rule, regulation, or order issued under O.C.G.A. Sec.
49-5-1
et seq. or
any term, condition, or limitation of any license, commission or registration
certificate under O.C.G.A. Sec.
49-5-1
et seq.
thereby subjecting a child in care to injury or a life-threatening situation;
or,**
(ii) commits any violation
for which a license or commission may be revoked.**
2. If any violation is a continuing one, each
day of such violation will constitute a separate violation for the purpose of
computing the applicable civil penalty.**
3. Whenever the department proposes to
subject a person to the imposition of a civil penalty, it shall notify such
person in writing. The notice shall set forth the following:**
(i) the date, facts, and nature of each act
or omission with which the person is charged;**
(ii) the specific and particular provisions
of the Official Code of Georgia Annotated section, the rule, regulation, order,
license, or commission certificate involved in the violation;**
(iii) each penalty which the department
proposes to impose and its amount;**
(iv) that the person has an opportunity to
show in writing, within ten (10) days of the receipt of the notice, why such
penalty should not be imposed;**
(v) that the failure to pay the civil
penalty, subsequently determined by the department, if any, may result in
collection through a civil action (lawsuit); and**
(vi) that the person also has the right to
appeal the imposition of the civil penalty pursuant to the Georgia
Administrative Procedure Act, O.C.G.A. Sec.
50-13-1
et seq. by
filing a timely request for a hearing.**
4. The written notice of the intention to
impose a civil penalty shall be sent by registered or certified mail by the
department of the last known address of such person.**
5. The amount of the civil penalty will be
assessed in accordance with the following:**
(i) a penalty of five hundred dollars ($500)
may be assessed for any violation of these rules which has resulted in a
disabling or permanent injury or the death of a child;**
(ii) a penalty ranging from three hundred one
dollars ($301) to four hundred ninety-nine dollars ($499) may be assessed for
any violation of these rules which has resulted in an injury or harm to a child
but has left no disabling or permanent physical damage;**
(iii) a penalty ranging from fifty dollars
($50) to two hundred ninety-nine dollars ($299) may be assessed for any
violation of these rules which demonstrates a reckless and serious disregard
for the physical or mental health or safety of a child in care but which may or
may not result in physical injury to a child or for any other violation of
these rules for which a license may be revoked.**
6. The department will consider in assessing
a civil penalty the severity of the rule violation, the duration of
non-compliance, the licensee's or commission holder's prior licensure or
commission history and the voluntary reporting of the violation for which the
fine is being imposed by the licensee or the commission holder.**
7. The assessment of a civil penalty will not
preclude the department from taking any additional actions authorized by law or
regulation including but not limited to license or commission restriction,
suspension, revocation, emergency monitors or the seeking of an injunction
against the continued operation of the center.**
(l)
Complaints. All complaints
concerning a licensed or unlicensed day care center may be submitted to the
department by telephone, letter or personal conference. Complaints will be
investigated by a department representative, if appropriate. A written report
of the findings of the investigation will be sent to the complainant upon
request where authorized by law.**
O.C.G.A. Chapter
49-5-12 (1982); O.C.G.A. Secs.
31-1-4,
49-5-1et seq.,
50-13-1et
seq.
