Ga. Comp. R. & Regs. R. 464-3-.09 - Notification of Long Term Medical Disability

(a) Employing agencies receiving notice of a change in the medical condition, for other than a short-term condition, of any applicant, candidate for certification, or person certified that prohibits the applicant, candidate, or officer from performing required duties, shall inform the Council in writing within ten (10) days of such action. As used in this section, the term short-term condition means a medical condition which, in the judgement of a licensed physician, surgeon or doctor of optometry, expressed in writing, will not persist for more than 180 days, or such other period as may be specified by the Council, in its' judgement.

(b) Any applicant, candidate, or person certified, pursuant to O.C.G.A. Title 35, Chapter 8, who has a change in medical condition, on or after the effective date of this rule, for other than a short-term condition, and is terminated, voluntarily resigns, resigns in lieu of dismissal, demoted, suspended, or retires as the result of a change in medical condition which prohibits the applicant, candidate, or officer from performing required duties shall notify the Council in writing within fifteen (15) days of such action.

(c) A change in medical condition shall cause a review of the applicant, candidate, or officer's certification status by the Council as provided in O.C.G.A. § 35-8-7.1(a)(10). If, as a result of this review, the Council determines that the applicant, candidate or officer is believed to be unable to perform the duties of an officer with reasonable skill and safety to citizens due to this change in medical status, the Council may take action as provided in O.C.G.A. § 35-8-7.1(b)(1).

(d) The affected applicant, candidate, or officer shall be notified via certified mail of the Council's action and of the affected party's right to request a hearing as provided in Section 464-8 as amended of P.O.S.T. Council Rules.

(e) The employing agency of the affected applicant, candidate, or officer shall also be notified of Council's action by forwarding a copy of the notice to the employing agency via U.S. Mail.

(f) If the affected applicant, candidate, or officer fails to request a hearing as provided in P.O.S.T. Rules, the decision of the Council shall become final.

Notes

Ga. Comp. R. & Regs. R. 464-3-.09

O.C.G.A. Sec. 35-8-7.

Original Rule entitled "Notification of Long Term Medical Disability" adopted. F. Sept. 27, 2004; eff. Oct. 17, 2004.