§ 31-7-12.1 - Unlicensed personal care home; penalties; exception; review
O.C.G.A. 31-7-12.1 (2010)
31-7-12.1. Unlicensed personal care home; penalties; exception; review
(a) A facility shall be deemed to be an "unlicensed personal care home" if it is unlicensed and not exempt from licensure and:
(1) The facility is providing personal services and is operating as a personal care home as those terms are defined in Code Section 31-7-12;
(2) The facility is held out as or represented as providing personal services and operating as a personal care home as those terms are defined in Code Section 31-7-12; or
(3) The facility represents itself as a licensed personal care home.
(b) Personal care homes in existence on July 1, 1994, which obtain licenses from the department no later than October 1, 1994, shall not be subject to the penalties set out in this Code section.
(c) Except as provided in subsection (b) of this Code section, any unlicensed personal care home shall be assessed by the department, after opportunity for hearing in accordance with the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," a civil penalty in the amount of $100.00 per bed per day for each day of violation of subsection (b) of Code Section 31-7-12. The department shall send a notice by certified mail or statutory overnight delivery stating that licensure is required and including a period for obtaining licensure with an expiration date. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. For unlicensed personal care homes which were not in existence on July 1, 1994, the civil penalty provided by this subsection shall be calculated as beginning on the expiration date of the notice. For unlicensed personal care homes which were in existence on July 1, 1994, the civil penalty provided by this subsection shall be calculated as beginning on the expiration date of the notice or on October 1, 1994, whichever is later. The department shall take no action to collect such civil penalty until after opportunity for a hearing.
(d) The civil penalty authorized by subsection (c) of this Code section shall be doubled if:
(1) The operator of an unlicensed personal care home refuses to seek licensure; or
(2) The operator seeks licensure, the licensure application is denied, and the operator continues to operate the unlicensed personal care home.
(e) The operator of a personal care home who is assessed a civil penalty in accordance with this Code section may have review of such civil penalty by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County in accordance with the provisions of Code Section 31-5-3.