Rule 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).Ga. Comp. R. & Regs. R. 511-9-2-.19
O.C.G.A. §§ 31-2-8(c)(6); 31-2A-3, 31-2A-6, 31-11-5, 31-11-6, 31-11-9, 31-11-30, 31-11-36, 31-11-56, 31-11-57, 50-13-18.
Original Rule entitled "Disciplinary Actions Against Licensees" adopted. F. December 14, 2011; eff. January 3, 2012.Amended: F. Apr. 27, 2016; eff. May 17, 2016.Amended: F. Sep. 29, 2021; eff. Oct. 27, 2021, as specified by the Agency.