Ga. Comp. R. & Regs. R. 350-3-.09 - Administrative Hearing
(1) Should the facility wish to appeal the Administrative
Review decision for remedies described in Subsections .02(a),(b),(c),(g),and(h), and for Subsection (d) where no determination of immediate jeopardy
has been made, it may request an administrative hearing. Subsequent correction
of a deficiency or deficiencies shall not constitute a defense to the
imposition of a remedy or remedies. The hearing request shall state
specifically which portion(s) of the Administrative Review decision the
facility contests. A hearing shall be granted only if Administrative Review was
timely requested, and a written request for a hearing has been received by the
State Survey Agency within ten (10) business days of the facility's receipt of
the Administrative Review decision. Failure to file a timely request shall
result in the Administrative Review decision becoming final, and no further
administrative or judicial review or hearing shall be available.
(2) If the Department has imposed temporary management pursuant
to the provisions of Subsection .05(c), or imposed either of the remedies
specified in Subsection .02(e), the facility shall be entitled to a hearing
which shall commence not less than five (5) nor more than ten (10) days after
the facility's receipt of notice of imposition of said remedy or remedies. No
Administrative Review shall be conducted in such cases and no request for
hearing shall be required. The date, time, and location of the hearing shall be
included in the Notice of imposition of the remedy or remedies. A facility may
waive its right to a hearing by written notice to the State Survey
Agency.
(3) Except for appointment of a temporary manager (unless the
Department has determined that immediate jeopardy to the health or safety of a
facility's residents exists), termination of a facility's participation,
closure of a facility, or payment of civil monetary penalties, the imposition
of remedies shall not be stayed during the pendency of any
hearing.
Notes
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