Rule 82-14-1-.03. Definitions

Rule 82-14-1-.03. Definitions

1. (1) "Administrative action" means the initiation of a contested case as defined in the Georgia Administrative Procedures Act (APA), O.C.G.A. § 50-13-2(2).
2. (2) "Alter ego" means a person who acts pursuant to the control or influence of another while purporting to act independently.
3. (3) "Corrective Action Plan" or "CAP" means a plan developed by the facility in response to a violation identified on a written report of survey or investigation that contains the steps or actions that have been taken, or are planned, to address or correct the violation and the anticipated date of the correction.
4. (4) "Commissioner" means the Commissioner of the Department of Behavioral Health and Developmental Disabilities.
5. (5) "Department" means the Department of Behavioral Health and Developmental Disabilities, its agents and employees.
6. (6) "Document" means any book, record, paper, or other information related to initial and continued licensing.
7. (7) "Facility" means any agency, institution, entity or person subject to regulation by the Department under Article 7 of Chapter 3 of Title 37; Chapter 13 of Title 37; or Chapter 5 of Title 26 of the Official Code of Georgia Annotated.
8. (8) "Fee" means a payment made to the Department for administrative services associated with licensing.

9. (9) "Final Adverse Finding" means the finding or findings set forth in or upheld by a report of the Department, order or decision of the Commissioner, agreement between a facility and the Department, or formal order, as of the date of:

   1. (a) the issuance of a ruling by the Superior Court or Commissioner on any appeal from a decision of a state administrative law judge, a hearing officer, or a hearing examiner pursuant to a contested case involving the imposition of a sanction;
   2. (b) the finalization by operation of law of a decision of a state administrative law judge, a hearing officer, or a hearing examiner when no appeal of the ruling is made;
   3. (c) the disposition of a contested case by settlement between the parties; or
   4. (d) the expiration of the time allotted for a facility to contest a sanction imposed by the Department, if the facility does not properly contest the sanction within that time period.
10. (10) "Fine" means a monetary sanction imposed by the Department for violating a rule.
11. (11) "Formal Order" means any ruling following an administrative or judicial hearing or an emergency directive issued by the Commissioner as authorized by law related to the initial or continued licensing of a facility which requires the facility to take or refrain from taking specified action. Formal orders include but are not limited necessarily to final administrative hearing decisions and settlement agreements between the Department and facilities. Additionally, formal orders, as defined herein, may include any orders issued by the Commissioner as authorized by law, such as but not limited to O.C.G.A. § 37-2-73 or as authorized by similar statues enacted after the effective date of these rules.
12. (12) "Imminent and substantial danger" means an immediate threat of serious adverse outcome to a person served in a licensed facility.
13. (13) "Investigation" means any examination, conducted in response to an allegation or allegations of noncompliance, by the Department or its representative of a facility, including but not necessarily limited to the premises, and staff, persons in care, and documents pertinent to initial and continued licensing so that the Department may determine whether a facility has violated any licensing requirement.
14. (14) "License" means the official authorization granted by the Department pursuant to any of the provisions of law cited in Rule 82-14-1-.01 ("Legal Authority") to operate a facility physically located in Georgia. The term "license" includes any permit, registration, commission, or similar designation reflecting such authorization.
15. (15) "Licensee" means any person holding a license.
16. (16) "Licensing requirements" means any provisions of law, rule, regulation, or formal order of the Department which apply to facilities with respect to initial or continued authority to operate.
17. (17) "Management or Control", for the purpose of imposing the sanction pursuant to Rule 82-14-1-.06(1)(c) ("Sanctions Against Licensees") or 82-14-1-.06(2)(b) ("Sanctions Against Applicants"), means the exercise of or authority to exercise direction, administration, or oversight over a facility's operations by certain persons, including but not limited to owners, directors, or administrators.
18. (18) "Person" means any individual, agent, representative, governing authority, firm, organization, partnership, agency, association, corporation, facility, or other entity.
19. (19) "Survey" means any monitoring visit or other inquiry by the Department of Behavioral Health and Developmental Disabilities, or its representatives, of a facility, including but not necessarily limited to the premises, staff, persons in care, and documents pertinent to initial and continued licensing so that the Department may determine whether a facility is operating in compliance with licensing requirements or has violated any licensing requirements. Surveys may be announced or unannounced at the discretion of the Department.

Authority: O.C.G.A. §§ 26-5-6, 26-5-43, 37-3-205, 37-13-2.

History. Original rule entitled "Definitions" adopted. F. May 15, 2026; eff. June 4, 2026.