Ga. Comp. R. & Regs. R. 291-2-.04 - Recommendation of Sanctions

(1) If an initial decision finds that there has been a violation of or failure to enforce an eligibility status provision, the public agency or employee shall have thirty (30) days from service of the initial decision to provide a sanction response to the review panel as to why sanctions should not be imposed and what, if any, remedial action has been undertaken. The public agency or employee shall provide service of the sanction response on the review panel.

(2) If the review panel determines that the sanction response, including any remedial action undertaken, is insufficient, and that the violation of or failure to enforce the eligibility status provision was knowing and willful based upon a preponderance of the evidence presented at the initial hearing, the review panel may make a recommendation of sanctions ordering one or more of the following:

a. removal from the list of qualified local governments under Chapter 8 of Title 50 of the Georgia Code;

b. loss of appropriated state funds; and

c. a monetary fine of not less than $1,000.00 nor more than $5,000.00.

(3) The recommendation of sanctions shall be served upon the complaining party and the applicable public agency or employee.

Notes

Ga. Comp. R. & Regs. R. 291-2-.04

O.C.G.A. § 50-36-3, enacted by 2011 Ga. Laws 794, 814.

New Rule entitled "Recommendation of Santions" adopted. F. Jan. 20, 2012; eff. Feb. 9, 2012.