GA - GAC
Rules and Regulations of the State of Georgia
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Chapter 52-7 REPEALED (52-7-.01 thru 52-7-.03)

Rule 52-7-.01 Refusal, Suspension and Revocation of License or Certificate

The Board, after notice and opportunity for a hearing, may refuse to grant a license or certificate to an applicant therefor or may revoke or suspend the license or certificate of a person licensed or certified by the Board upon a finding that the licensee, certificant, or applicant has:

(a) Made any false statement or given any false information in connection with an application for license or certificate, including an application for renewal thereof;
(b) Knowingly violated the act or violated any rule or regulation promulgated pursuant to the authority contained in the Act; or
(c) Failed to demonstrate the qualifications or standards for licensure or certification contained in these rules and regulations of the Board. This shall be incumbent upon the applicant to demonstrate to the satisfaction of the Board that he meets all the requirements for licensure or registration; and, if the Board is not satisfied as to the applicant's qualifications, it shall have the power to deny such licensure or certification.

Rule 52-7-.02 Hearings

(1) Any notice by the Board shall be served upon the licensee, certificant, or applicant by either certified mail or personal service setting forth the particular reasons for the proposed action and fixing a date, not less than 20 days from the date of such mailing or 15 days from the date of such personal service, through which time the licensee, certificant, or applicant shall be given the right to petition the Board in writing for a hearing. If no such request for hearing is filed with the Board during this time period, the proposed action will become final. A petition for hearing shall be considered filed on the date it is received in the Director's office.
(2) Any hearing under the Act shall be before an administrative law judge appointed by the Board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the Board pursuant to such Chapter. The decision of the administrative law judge shall constitute the final decision of the Board.
(3) If the administrative law judge finds that any applicant for licensure or certification is unqualified to be granted such license or certificate, he may:
(a) Deny the application for licensure or certification; or
(b) Limit or restrict any license or certificate for a definite period of time.
(4) If the administrative law judge finds that the license or certificate of any holder thereof should be revoked or otherwise sanctioned, he may take any one or more of the following actions:
(a) Suspend any license or certificate for a definite period of time;
(b) Limit or restrict any license or certificate for a definite period of time;
(c) Revoke a license or certificate; or
(d) Place a licensee or certificant on probation for a definite period of time and impose such conditions of probation as will adequately protect the public during that period.
(5) Judicial review of a final decision of the administrative law judge under this Code section shall he had in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

Rule 52-7-.03 Enforcement

The Administration of the enforcement of these Rules and Regulations shall be as prescribed in the Georgia Asbestos Safety Act, O.C.G.A Section 12-12-1et seq. and in compliance with the applicable minimal requirements as described by the Georgia Administrative Procedures Act, O.C.G.A. 50-13-1et seq.