(1) An application for access shall be submitted on forms provided for that purpose by the Commissioner. The application must be completed in its entirety.(2) Any untrue, misleading, or omitted statement in an application shall constitute cause for the denial thereof. If any agreement has been entered into with a non-governmental entity or with a governmental entity and a license issued therefrom, then such action shall constitute cause for revocation of the agreement.(3) Upon submission of the application, the Commissioner shall review the application. If it is determined by the Commissioner that an agreement and issuance of a license is deemed contrary to the public interest and welfare, that no agreement shall be entered into or license issued. Such a determination may result from one or all of the following: (a) Based upon such entity's financial standing, trade associations, or reputation in any community in which it resides, it is deemed not likely to maintain the operation for which an agreement and permit in conformity with federal, state, or local laws is being sought.(b) Based upon the failure of applicant, or any person, firm, corporation, legal entity, or organization having any interest in any operation for which an application has been submitted, to meet any obligations imposed by the tax laws or other laws or regulations of the State of Georgia.(c) The governmental entity application is not related to the performance of its official duties.(4) If the Commissioner has reason to believe that the applicant is not entitled to the agreement and license for which an application has been submitted, the Commissioner shall notify the applicant of his or her denial in writing.Ga. Comp. R. & Regs. R. 560-10-30-.03
Authority O.C.G.A. Secs. 40-2-130, 40-3-3, 40-3-21.1, 40-16-2, 40-3-23, 48-2-12.
Original Rule entitled "Fair Market Value" adopted as ER. 560-10-30-0.8-.03. F. and eff. May 1, 1992, the date of adoption.Amended: Permanent Rule of same title adopted. F. Aug. 5, 1992; eff. Aug. 25, 1992.Repealed: F. Jan. 24, 2005; eff. Feb. 13, 2005.Amended: ER. 560-10-30-.0.27 -.03 entitled "Application for Access - General" adopted. F. June 11, 2008; eff. June 10, 2008, the date of adoption.Amended: Permanent Rule of same title adopted. F. Oct. 14, 2008; eff. Nov. 3, 2008.