Rule 290-9-2-.13. Emergency Orders

1. (1) In accordance with O.C.G.A. 49-5-90 et seq., notwithstanding other remedies available to the Department which may be pursued at the same time, the commissioner or his/her designee may issue emergency orders. Such orders may include emergency placement of a monitor or monitors in an Agency upon a finding that the Department's rules and regulations are being violated which threaten the health, safety, or welfare of children in care and when one or more of the following conditions are present:

   1. (a) The Agency is operating without a license; or
   2. (b) The Department has denied the application for the license or has initiated action to revoke the existing license; or
   3. (c) Children are suspected of being subjected to injury or life-threatening situations or the health or safety of a child or children is in danger.
2. (2) Unless otherwise provided in the order, an emergency order shall become effective upon its service to the owner, the director, or any other agent, employee, or person in charge of the Agency at the time of the service of the order.
3. (3) Prior to issuing an emergency order, the commissioner or his designee may consult with persons knowledgeable in the field of child care and a representative of the Agency to determine if there is a potential for greater adverse effects on children in care as a result of the emergency order.

Authority: O.C.G.A. §§ 49-5-8, 49-5-12, 49-5-12.1, 49-5-90et seq.

History. Original Rule entitled "Enforcement of Law and Rules" adopted. F. Mar. 16, 2000; eff. Apr. 8, 2000.

Repealed: New Rule entitled "Enforcement and Penalties" adopted. F. Aug. 21, 2006; eff. Sept. 10, 2006.

Repealed: New Rule of same title adopted. F. June 5, 2007; eff. June 25, 2007.

Repealed: New Rule entitled "Emergency Orders" adopted. F. Jan 24, 2008; eff. February 13, 2008.

Amended: F. Feb. 28, 2024; eff. Mar. 19, 2024.