Rule 111-8-2-.21. Unlicensed Adult Residential Mental Health Programs; Penalties

1. (1) A program shall be deemed to be an "unlicensed ARMHP" if it does not have a valid ARMHP license and is not exempt from licensure under these Rules and:

   1. (a) The program is providing services; or
   2. (b) The program represents itself as an ARMHP.
2. (2) Any program alleged to be operating as an unlicensed ARMHP 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. The department shall send a notice by certified mail or statutory overnight delivery stating that licensure is required and the department's intent to impose a civil penalty. 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. The department shall take no action to collect such civil penalty until after opportunity for a hearing.
3. (3) In addition to other remedies available to the department, the civil penalty authorized by subsection (2) of this Rule shall be doubled if the owner or operator continues to operate the unlicensed program, after receipt of notice pursuant to subsection (2) of this Rule.
4. (4) The owner or operator of an unlicensed ARMHP who is assessed a civil penalty in accordance with this Rule 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.
5. (5) Any person who owns or operates a program in violation of this Rule shall be guilty of a misdemeanor for a first violation, unless such violation is in conjunction with a violation of Article 8 of Chapter 5 of Title 16, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. Upon conviction for a second or subsequent such violation, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than ten years.

Authority: O.C.G.A. §§ 37-3-204, 37-3-205, 37-3-215, 31-2-4, 31-2-7, 31-2-8, 31-7-2.1.

History. Original Rule entitled "Unlicensed Adult Residential Mental Health Programs; Penalties" adopted. F. Dec. 10, 2024; eff. Dec. 30, 2024.