Georgia Administrative Code

(1) Discovery is limited to the following. (a) A party, upon written request made to another party within a reasonable time prior to the hearing, is entitled to: 1. obtain the names, addresses, and telephone numbers of the witnesses which the other party intends to call to testif…

(1) The Administrative Law Judge shall have the authority to issue subpoenas requiring the attendance and testimony of witnesses and the production of objects or documents at depositions or hearing. (2) Every subpoena shall be prepared by the requesting party and issued by the Ad…

(1) At any time during the course of a proceeding, the Administrative Law Judge may, in his discretion, order that the testimony of a witness be taken by deposition. Application to take a deposition in lieu of personal appearance at the hearing shall be made by motion. Such motio…

(1) The notice of adverse action issued by the Department and the request for hearing submitted by the provider shall constitute the pleadings in each contested case and automatically shall be included in the Record. The pleadings shall be transmitted by the Department to the Adm…

(1) Relevant allegations of fact contained in the Pleadings and automatic filings shall be deemed admitted unless specifically contested. (2) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil, nonjury …

(1) The Administrative Law Judge may, upon motion and in the exercise of discretion, permit such substitution of parties as justice requires, provided that the original party and the party to be substituted otherwise qualify individually as parties to the proceedings under all ap…

(1) When two or more providers appeal matters involving common issues of law or fact, the appeals may be consolidated by the Department or by the appointed Administrative Law Judge(s) and heard together if it appears that a joint hearing would serve to expedite or simplify consid…

(1) The party filing any submission shall simultaneously serve a copy of each submission upon each party of record. Service shall be by mail or personal delivery. Service by mail shall be complete upon mailing by first class mail, with proper postage attached, to a party's addres…

(1) The hearing shall be opened with reasonable promptness as fixed in the "notice of hearing." (2) All Department hearings shall be accessible to the public, subject to requirements for safeguarding confidential information. (3) In all hearings, taking of testimony shall be unde…

(1) An application to the Administrative Law Judge for an order requiring any party to take any action or entering any interlocutory ruling shall be made by motion. Unless made during the hearing, motions shall be in writing, shall state specifically the grounds therefor, and sha…

(1) Any party may move, if supported by affidavits or other probative evidence, for a summary determination in its favor upon any of the issues being adjudicated on the basis that there is no genuine issue of material fact for determination. Such a motion must be filed and served…

(1) The Administrative Law Judge shall compile an official Record of the hearing, which shall include: (a) all pleadings, automatic filings, motions, and intermediate rulings; (b) a transcript of the oral testimony received in evidence; (c) all documents received in evidence; (d)…

(1) The decision of the Administrative Law Judge shall be based exclusively on competent evidence and other material introduced pursuant to this Chapter. It shall specify the reason for the decision and identify the supporting evidence and regulations, and include findings of fac…

(1) Any provider may petition for review of the Administrative Law Judge's decision within five (5) days from the date of that party's receipt of the decision. Such request shall be in writing and addressed to the Commissioner and shall state the legal or factual errors upon whic…

(1) Any provider adversely affected by a final decision of the Commissioner may have review thereof by appeal to the superior court in the county of residence of the provider or to the Superior Court of Fulton County. Such appeal shall be by petition which shall be filed in the c…

Any information which could be connected to an individual applicant or recipient in such a way as to disclose the individual's identity is confidential and shall be safeguarded. Such information includes: (a) names, addresses, and all types of identification numbers; (b) medical …

The types of information specified in Section .01 shall be used only for purposes directly connected with the administration of the State Plan. Such purposes include, but shall not be limited to: (a) establishing eligibility; (b) determining the amount of medical assistance; (c) …

(1) Access to the types of information specified in Section .01 shall be restricted to Department representatives or other persons, agencies, or organizations that are subject to standards of confidentiality comparable to those of the Department. Such persons, agencies, and organ…

Information maintained by the Department regarding providers may be disclosed to anyone who submits a written request therefor in accordance with all applicable federal and state laws and regulations, including but not limited to those concerning open records and trade secrets.

(1) "Medically indigent" means a person who meets the state-wide standards of indigency adopted by the Department which is a person with an income no greater than 200 percent of the federal poverty level guidelines as published by the United States Department Health and Human Ser…

(1) There is established within the Indigent Care Trust Fund a segregated account for revenues raised through imposition of the provider fee. All revenues raised through the nursing home provider fees shall be credited to the segregated account. All said revenues raised shall be …

(1) The General Assembly is authorized to appropriate as state funds to the Department for use in any fiscal year all revenues dedicated and credited to the segregated account. These appropriations shall be made for the sole purpose of obtaining federal financial participation in…

All Department records related to the Indigent Care Trust Fund segregated account, except as provided for in Rule 350-7-.02(4) shall be open for public inspection in accordance with the Open Records Act, O.C.G.A. § 50-18-70et seq.

Except where inconsistent with O.C.G.A., Title 31, Chapter 8, Article 6A, the provisions of O.C.G.A., Title 49, Chapter 4, Article 7 (Georgia Medical Assistance Act of 1977) shall apply to the Department in carrying out the purposes of the nursing home provider fee.

(1) The Georgia's Hope Act provides that the Georgia Access to Medical Cannabis Commission ("GMCC" or the "Commission"), a State of Georgia executive branch agency, is created to protect public health, safety, and welfare, and to provide for the regulated production, growing, man…

(1) The Commission shall meet as set forth in Code Section 16-12-202. (2) A majority of the seven (7) Commission Members shall constitute a quorum. (3) Annually, the Commission shall elect from its Members a Vice Chair, and may elect additional officers from among its Members as …

(1) A person whose legal rights are affected by the application of any statutory provision or any rule or order of the Commission may petition the Commission to request a declaratory ruling thereon. (a) The petition shall be sent by certified mail, return receipt requested, addre…

(1) Each petition for promulgation, amendment, or repeal of rules shall be submitted in writing to the Commission. The petition shall be verified under oath by the petitioner and shall include: (a) The name, address, and contact information of the petitioner; (b) The full text of…

(1) All fee payments submitted to the Commission are non-refundable. (2) Fees shall be paid in U.S. funds; the Commission may require certified funds at its discretion. (3) The fee schedule shall be made available at the Commission office and on the Commission's website. (4) Chec…

(1) "Accreditation" means the procedure by which an authoritative body gives formal recognition that an organization is competent to carry out specific tasks and verifies that the appropriate quality management system is in place. (2) "Act" means O.C.G.A. Sections 16-12-200 throu…

(1) An application for a Class 1 or Class 2 production license shall only be accepted during an open application period announced by the Commission. (2) An applicant for a Class 1 or Class 2 production license shall submit the following to the Commission: (a) A complete applicati…

(1) Only Class 1 or Class 2 production licensees are eligible to apply for a dispensing license as set forth in Code Section 16-12-206. (2) Applications for dispensing licenses and other required information as set forth in this rule shall only be submitted during an open applica…

(1) The responsibility to renew a license on or before the expiration date remains with the respective licensee. (2) A license expires upon the expiration date if a licensee has not filed a renewal application and remitted all of the required application, where applicable, and pa…

(1) A production licensee shall submit to pre-operational progress inspections conducted by the Commission or its employees to ensure and confirm that the production licensee is fully operational as required by Code Section 16-12-223(a)(5). (2) Prior to the inspection to be deeme…

(1) A production licensee shall conduct activities and operations as represented in the respective license contract awarded by the Commission. Such license contract includes compliance with the following: (a) Exhibits to the license contract; (b) License contract amendments agree…

(1) A production licensee is responsible for the security of all regulated cannabis on the premises, including providing adequate safeguards against theft or diversion of regulated cannabis. (2) A production licensee shall have a comprehensive security system to prevent and detec…

(1) Propagation space shall be used for growing immature and non-flowering plants only. (a) Mother plants in this space shall not be utilized for harvest but for propagation only. (b) Immature or nonflowering plants in this space shall not be calculated in cultivation space. (c) …

(1) A production licensee shall ensure all phases of production take place in designated, restricted access areas only. (2) A production licensee shall document the formulation and size for each batch produced. (3) All ingredients, other than those naturally occurring in or other…

(1) Prior to distributing or transporting product in final packaged form to a dispensary or pharmacy, a production licensee shall ensure the following: (a) The production licensee contracts with and uses an independent laboratory listed on the Commission's list of approved indepe…

(1) A production licensee shall submit drafts of the packaging and labeling designs to the Commission for approval prior to using such designs for the product. The Commission hereby delegates the authority and responsibility to review packaging and labeling designs as set forth i…

(1) Upon the issuance of a production license, a production licensee shall conduct an initial inventory, and thereafter a monthly inventory, of regulated cannabis, which shall indicate the date on which the inventory was conducted and the information on the persons who conducted …

(1) A production licensee shall ensure security and oversight throughout any transport of product, including, but not limited to, compliance with the following: (a) Transport of product to or from a licensee, pharmacy, or independent laboratory shall be: 1. Transported only by an…

(1) A production licensee shall ensure that information regarding its products shall be accurate, truthful, and appropriately substantiated and as permissible by the Act and these rules. (2) A production licensee may provide information regarding its products directly to physicia…

(1) A production licensee shall keep records identified by these rules on the premises. (2) All records shall be provided to the Commission or its employees upon request. (3) A production licensee shall keep and maintain records in connection with the production license for at le…

(1) If the Commission receives information demonstrating that a recall is necessary to protect patients or to protect public health and safety, and a production licensee does not initiate a recall, then the Commission may order such recall until the risk to such health and safety…