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Ga. Comp. R. & Regs. 82-15-1

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82-15-1 [Effective 9/21/2026] CRIMINAL BACKGROUND CHECKS

Jurisdiction: GA Agency: Georgia Department of Behavioral Health and Developmental Disabilities
IDD_RESIDENTIAL (100%) MH_RESIDENTIAL (100%) OTP (100%) SUD_RESIDENTIAL (80%)
Plain-English summary

This regulation establishes minimum standards for fingerprint-based criminal background checks, registry checks, and professional licensing board checks for owners, administrators, applicants, and employees at facilities licensed by the Georgia Department of Behavioral Health and Developmental Disabilities. It applies to four defined facility types: adult residential mental health programs, drug abuse treatment and education programs, narcotic treatment programs, and community living arrangements. Facilities must conduct these checks prior to hiring and upon license application, and must terminate or exclude individuals who receive ineligible determinations, with civil monetary penalties up to $10,000 for non-compliance. Individuals may contest ineligible determinations through an Individualized Assessment process and, if necessary, an administrative appeal to the Office of State Administrative Hearings.

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Regulation text
Subject 82-15-1 [Effective 9/21/2026] CRIMINAL BACKGROUND CHECKS

Rule 82-15-1-.01 Legal Authority

These rules are adopted and published pursuant to the
 Official Code of Georgia Annotated (O.C.G.A.) §§ 
26-5-43
,
 
37-1-147
, and
 
37-1-149
.

Rule 82-15-1-.02 Title and Purpose

(1)

 These rules shall be known as the Rules
 and Regulations for Criminal Background Checks.

(2)

 The purpose of these rules is to
 establish the minimum standards for conducting fingerprint-based background
 checks, registry checks, and professional licensing board checks of owners,
 applicants for employment, administrators, and employees at facilities licensed
 by the Department of Behavioral Health and Developmental
 Disabilities.

(3)

 The Department is
 authorized to conduct state-level and nationwide background checks by the
 submission of fingerprints to the Georgia Crime Information Center (GCIC) and
 the Federal Bureau of Investigation (FBI). In order to determine the
 suitability of a license candidate, owner, administrator, applicant, or
 employee, the Department shall require such person to furnish a full set of
 fingerprints to enable a criminal background check to be conducted.

(4)

 The Department of Behavioral Health and
 Developmental Disabilities shall be responsible for review of the criminal
 background check to determine the covered individual's fitness to have
 responsibility for the safety and well-being of individuals receiving services
 and to convey that determination to the licensed facility.

Rule 82-15-1-.03 Definitions

In these rules, unless the context otherwise requires, the
 words and phrases set forth herein shall mean the following:

(1)

 "Administrator" means the individual
 designated by a narcotic treatment program's governing body who is responsible
 for the on-going and day-to-day operations of the program, for overall
 compliance with federal, state, and local laws and regulations regarding the
 operation of narcotic treatment programs, and for all program employees
 including practitioners, agents, or other persons providing services at the
 program.

(2)

 "Applicant" means a
 person applying to be a direct access employee at a facility.

(3)

 "Conviction" means a finding or verdict
 of guilty or a plea of guilty, including a plea of guilty pursuant to O.C.G.A.
 § 
42-8-60
, regardless of whether an
 appeal of the conviction has been sought.

(4)

 "Crime" means commission of: 

(a)

 Any of the following offenses: 

1.

 A violation of O.C.G.A. § 
16-5-3
;

2.

 A violation of O.C.G.A. § 
16-5-70
;

3.

 A violation of O.C.G.A. § 
16-5-101
;

4.

 A violation of O.C.G.A. § 
16-5-102
;

5.

 A violation of O.C.G.A. § 
16-6-3
;

6.

 A violation of O.C.G.A. § 
16-6-4
;

7.

 A violation of O.C.G.A. § 
16-6-5
;

8.

 A violation of O.C.G.A. § 
16-6-5.1
;

9.

 A violation of O.C.G.A. §§ 
16-7-60
,
 
16-7-60.1
,
 
16-7-61
, or
 
16-7-62
;

10.

 A violation of Chapter 8 of Title 16 of
 the Official Code of Georgia;

11.

 A
 violation of O.C.G.A. § 
16-10-31
; or

12.

 A violation of O.C.G.A. § 
30-5-8
.

(b)

 A felony violation of: 

1.

 Chapter 5, 6, 9, or 13 of Title 16 of the
 Official Code of Georgia;

2.

 O.C.G.A. § 
16-4-1
;

3.

 O.C.G.A. § 
16-7-2
; or

4.

 Subsection (f) of O.C.G.A. § 
31-7-12.1
; or

(c)

 Any other offense committed in another
 jurisdiction which, if committed in this state, would be deemed to constitute
 an offense identified in this paragraph without regard to its designation
 elsewhere; or

(d)

 Any other
 criminal offense as determined by the Department and established by rule
 adopted pursuant to Chapter 13 of Title 50 of the Official Code of Georgia, the
 "Georgia Administrative Procedure Act," that would indicate the unfitness of an
 individual to be involved in the operations or activities of a narcotic
 treatment program.

(5)

 "Criminal background check" means a search of the criminal records maintained
 by the Georgia Crime Information Center and the Federal Bureau of Investigation
 to determine whether an owner, administrator, applicant, or employee has a
 criminal record.

(6)

 "Criminal
 record" means any of the following:

(a)

 Conviction of a crime;

(b)

 Arrest,
 charge, and sentencing for a crime when:

1.

 A
 plea of nolo contendere was entered to the crime;

2.

 First offender treatment without
 adjudication of guilt was granted to the crime; or

3.

 An adjudication or sentence was otherwise
 withheld or not entered for the crime.

(c)

 Arrest and charges for a crime if the
 charge is pending, unless the time for prosecuting such crime has expired
 pursuant to Chapter 3 of Title 17 of the Official Code of Georgia.

(7)

 "Department" means the
 Department of Behavioral Health and Developmental Disabilities, its agents and
 employees.

(8)

 "Direct access"
 means having, or expecting to have, duties that involve routine personal
 contact with a patient, resident, or client, including, but not limited to,
 face-to-face contact, hands-on physical assistance, verbal cuing, reminding,
 standing by or monitoring or activities that require the person to be routinely
 alone with the patient's, resident's, or client's property or access to such
 property or financial information, including, but not limited to, the
 patient's, resident's, or client's checkbook, debit and credit cards, resident
 trust funds, banking records, stock accounts, or brokerage accounts.

(9)

 "Eligible determination" means a written
 determination that a person for whom a criminal background check was performed
 was found to have no criminal record.

(10)

 "Employee" means any individual who has
 direct access to and who is hired by, a facility through employment, or through
 a contract with such facility, including, but not limited to, housekeepers,
 maintenance personnel, dieticians, and any volunteer who has duties that are
 equivalent to the duties of an employee providing such services. Such term
 shall not include a person who contracts with the facility, whether personally
 or through a company, to provide utility, construction, communications,
 accounting, quality assurance, human resource management, information
 technology, legal, or other services if the contracted services are not
 directly related to providing services to a patient, resident, or client of the
 facility.

(11)

 "FBI" means the
 Federal Bureau of Investigation.

(12)

 "Facility" means: 

(a)

 An adult residential mental health
 program required to be licensed pursuant to Article 7 of Chapter 3 of Title 37
 of the Official Code of Georgia.

(b)

 A drug abuse treatment and education
 program required to be licensed under Article 1 of Chapter 5 of Title 26 of the
 Official Code of Georgia.

(c)

 A
 narcotics treatment program required to be licensed pursuant to Article 2 of
 Chapter 5 of Title 26 of the Official Code of Georgia.

(d)

 A community living arrangement required
 to be licensed under Article 1 of Chapter 13 of Title 37 of the Official Code
 of Georgia.

(13)

 "Fingerprint records check determination" means an eligible or ineligible
 determination by the Department based upon fingerprint-based national criminal
 history information.

(14)

 "GCIC"
 means the Georgia Crime Information Center established under Article 2 of
 Chapter 3 of Title 35 of the Official Code of Georgia.

(15)

 "Indirect ownership interest" means an
 ownership interest in a corporation, partnership, legal entity, or association
 which owns an ownership interest in another corporation, partnership, legal
 entity, or association. This term includes an ownership interest in any
 corporation, partnership, legal entity, or association that has an indirect
 ownership interest in a facility or in a license candidate.

(16)

 "Ineligible determination" means a
 written determination that a person for whom a criminal background check was
 performed was found to have a criminal record.

(17)

 "License" means the document issued by
 the Department to authorize a facility to operate.

(18)

 "License candidate" means a person,
 corporation, partnership, legal entity, or association applying for a license
 to operate a facility.

(19)

 "Owner"
 means a person with an ownership interest in a facility or license candidate or
 with an ownership interest in a corporation, partnership, legal entity, or
 association which has any ownership interest in a facility or license
 candidate, including an indirect ownership interest.

(20)

 "Ownership interest" means the
 possession of equity in the capital, stock, or profits of either a: 

(a)

 Facility or license candidate;
 or

(b)

 Corporation, partnership,
 legal entity or association that holds a license for a facility.

(21)

 "Records check application"
 means fingerprints in such form and of such quality as prescribed by the GCIC
 under standards adopted by the Federal Bureau of Investigation and a records
 search fee to be established by the GCIC, payable in such form as the GCIC may
 direct to cover the cost of obtaining a criminal background check.

(22)

 "Registry check" means a review of the
 nurse aide registry provided for in O.C.G.A. § 
31-2-14
, the national and state
 sexual offender registries, and the List of Excluded Individuals and Entities
 as authorized in Sections 1128 and 1156 of the federal Social Security Act, as
 it existed on February 1, 2018, or any other registry useful for the
 administration of, or mandated under, these rules.

Rule 82-15-1-.04 Registry Check

(1)

 Prior to a criminal background check
 required by these rules, the facility shall perform a registry check of the
 owner, applicant, administrator, and employees. If an individual has not
 resided in this state for at least two years, the facility shall conduct
 registry checks for each state in which the owner, administrator, applicant, or
 employee resided for the previous two years, as represented by such individual
 or as otherwise determined by the facility.

(2)

 If the owner, applicant, administrator,
 or employee appears on a registry, he or she shall not be employed by,
 contracted with, or allowed to work as an employee at a facility, to be an
 owner of the facility, or to serve as an administrator of the
 facility.

(3)

 Except as provided in
 subsection (c) of O.C.G.A. § 
37-1-148
, nothing in these rules
 shall be construed to limit the responsibility or ability of a facility to
 screen owners, applicants, administrators, and employees through additional
 methods.

Rule 82-15-1-.05 Professional Licensing Board Check

(1)

 Prior to a criminal background check
 required by these rules, the facility shall perform a professional licensing
 board check of the owner, administrator, applicant, or employee, if the
 individual is a licensed healthcare professional or is required to hold a
 professional license as a qualification for the position.

(2)

 The professional licensing board check
 shall include a query of available information maintained by the Georgia
 Composite Medical Board, the Secretary of State, or other applicable licensing
 boards to determine that such individual has a professional license valid in
 the State of Georgia that is in good standing.

(3)

 An individual required to hold a
 professional license as a qualification for a position shall not be employed
 by, contracted with, or allowed to work as an employee at a facility, or to
 serve as an administrator of the facility if the professional license is not
 valid and in good standing.

(4)

 An
 individual whose professional license is not in good standing may be employed
 by a facility in a position where his or her duties do not require professional
 licensure, provided that he or she completes a records check application and
 criminal background check in the same manner as an employee or applicant in
 accordance with these rules.

(5)

 Except as provided in subsection (c) of O.C.G.A. § 
37-1-148
, nothing in these rules
 shall be construed to limit the responsibility or ability of a facility to
 screen owners, applicants, administrators, and employees through additional
 methods.

Rule 82-15-1-.06 Records Check Application

(1)

 A records check application and criminal
 background check shall be required:

(a)

 For
 each owner, administrator, employee, and applicant, upon a facility's or
 license candidate's application for a new license;

(b)

 For each owner, upon application for a
 change of a licensed facility's ownership;

(c)

 For each administrator of a narcotics
 treatment program, upon application for employment as administrator or prior to
 placement in the position of administrator; and

(d)

 For each applicant and employee of a
 licensed facility, upon application for employment or prior to placement in the
 position.

(2)

 The
 Department shall make reasonable efforts to communicate the eligible
 determination or ineligible determination to the license candidate or facility
 within fifteen (15) business days of receipt of the results of the criminal
 background check.

(3)

 The
 Department must communicate the eligible determination or ineligible
 determination to the owner, administrator, employee, or applicant who is the
 subject of the criminal background check, and, if the person receives an
 ineligible determination, the Department will notify that person of his or her
 right to challenge the accuracy and completeness of any information contained
 in the criminal background check.

(4)

 Except as provided in subsection (c) of
 O.C.G.A. § 
37-1-148
, nothing in these rules
 shall be construed to limit the responsibility or ability of a facility to
 screen owners, applicants, administrators, and employees through additional
 methods.

(5)

 If the Department is
 participating in the program described in subparagraph (a)(1)(F) of O.C.G.A.
 § 
35-3-33
, the Georgia Bureau of
 Investigation and the Federal Bureau of Investigation shall be authorized to
 retain fingerprints obtained pursuant to this Code section for such program,
 and the Department shall notify the individual whose fingerprints were taken of
 the parameters of such retention.

Rule 82-15-1-.07 Owners

(1)

 When the Department determines that an
 owner has an ineligible determination as a result of a criminal background
 check or has appeared on a registry check, the Department shall notify such
 owner of the ineligible status for ownership and shall take the necessary steps
 to revoke the facility's license or refuse to issue a license if an application
 is pending.

(2)

 The Department's
 ineligible determination of an owner or any action by the Department revoking
 or refusing to grant a license based on such determination, shall constitute a
 contested case for purposes of Chapter 13 of Title 50 of the Official Code of
 Georgia, the "Georgia Administrative Procedure Act," except that any hearing
 required to be held pursuant thereto may be held reasonably expeditiously after
 such determination or action by the Department. 

(a)

 In a hearing held pursuant to this
 subparagraph (2), the hearing officer shall consider in mitigation the length
 of time since the crime was committed, the absence of additional criminal
 charges, the circumstances surrounding the commission of the crime, other
 indicia of rehabilitation, the facility's history of compliance with the
 regulations, and the owner's involvement with the licensed facility, in
 arriving at a decision as to whether the criminal record requires the denial or
 revocation of the license to operate the facility.

(b)

 When a hearing is required, at least
 thirty (30) days prior to such hearing, the hearing officer shall notify the
 office of the prosecuting attorney who initiated the prosecution of the crime
 in question in order to allow the prosecuting attorney to object to a possible
 determination that the conviction would not be a bar for the grant or
 continuation of a license as contemplated under these rules. If objections are
 made, the hearing officer shall take such objections into
 consideration.

Rule 82-15-1-.08 Background Checks Initiated by the Department

(1)

 The Department may require a criminal
 background check on any facility owner, administrator or employee during the
 course of an investigation involving such individual or if the Department
 receives information that such individual was arrested for a crime. In such
 instances, the individual shall submit a records check application within five
 (5) days of notification that the Department is requiring a criminal background
 check.

(2)

 The criminal background
 check will be fingerprint based and shall be conducted in the manner set forth
 in subsections (b), (c), (d), and (e) of O.C.G.A. § 
37-1-142
 and in these
 rules.

(3)

 If the Department is
 participating in the program described in subparagraph (a)(1)(F) of O.C.G.A.
 § 
35-3-33
, the Georgia Bureau of
 Investigation and the Federal Bureau of Investigation shall be authorized to
 retain fingerprints obtained pursuant to this Code section for such program,
 and the Department shall notify the individual whose fingerprints were taken of
 the parameters of such retention.

Rule 82-15-1-.09 Employment Prohibition

(1)

 When the Department determines that an
 applicant or employee has an ineligible determination, the Department shall
 notify the facility that the applicant or employee is ineligible to hire or
 employ. The facility shall take the necessary steps so that the employee is no
 longer employed at the facility, provided, however, that a facility may retain
 a current employee during the period of any administrative review or appeal
 provided for in O.C.G.A. § 
37-1-147
 or in these
 rules.

 (2)

 A person required to
 submit to a registry check and criminal background check under these rules
 shall not be employed by, contracted with, or allowed to work as an employee at
 a facility if: 

(a)

 The person appears on a
 registry check;

(b)

 There is a
 substantiated finding of neglect, abuse, or misappropriation of property by a
 state or federal agency pursuant to an investigati on conducted in accordance
 with 
42 U.S.C. Section
 1395
-i or 1396-r as it existed on February 1,
 2018;

(c)

 A professional license is
 required for the position or duties for which the person is employed, and the
 person's license is not in good standing as required by these rules;
 or

(d)

 The facility receives notice
 from the Department that the individual has been found to have an ineligible
 determination.

(3)

 Each
 employment application form provided by a facility to an applicant shall
 conspicuously state the following: "FOR THIS TYPE OF EMPLOYMENT, STATE LAW
 REQUIRES A NATIONAL AND STATE BACKGROUND CHECK AS A CONDITION OF
 EMPLOYMENT."

Rule 82-15-1-.10 Contested Results

(1)

 An owner, applicant, employee, or
 administrator who has received an ineligible determination may: 

(a)

 Request a background check information
 inspection at the Georgia Crime Information Center if he or she believes their
 criminal record information is inaccurate, incomplete, or misleading;

(b)

 Obtain information concerning the
 accuracy of his or her criminal record, and the Department shall refer such
 individual to the appropriate state or federal law enforcement agency that was
 involved in the arrest or conviction; and

(c)

 Challenge the finding that he or she is
 the true subject of the results from a registry check, and the Department shall
 refer such individual to the agency responsible for maintaining such
 registry.

Rule 82-15-1-.11 Administrative Review Through Individualized Assessment

(1)

 An owner, applicant, employee, or
 administrator who has received an ineligible determination and who wishes to
 challenge that determination may pursue the Individualized Assessment process.
 This process is an administrative review by the Department which must be
 requested and completed before an appeal to the Office of State Administrative
 Hearings can be made (see O.C.G.A. § 
37-1-147(a)(3)
).

(2)

 Within thirty (30) calendar days of the
 date on which the notice of ineligible determination was issued, a person who
 wishes to request an Individualized Assessment must submit, at a minimum,
 written documentation of the following:

(a)

 Details about the crime, and provide:

1.

 The
 arrest report;

2.

 All victim(s)
 impact statement(s), if any; and

3.

 Documentation showing whether the requestor cooperated with law enforcement
 post-arrest in the identification, arrest or conviction of others involved in
 the crime (must be independently verifiable, i.e., a notarized letter from
 prosecutor, parole or probation officer, court documents, etc.).

(b)

 A resume notating the
 requestor's employment history before and after the crime.

(c)

 Documentation from the facility or the
 requestor including but not limited to:

1.

 Whether the requestor would or does have direct contact with vulnerable
 individual(s) and/or co-workers, access to funds or personal property of
 individual(s), and/or access to the facility's funds or property;

2.

 If the requestor is an applicant,
 employee, or administrator: level of supervision and oversight provided by the
 employer, as indicated in the job description for the position; and

3.

 If the requestor is an applicant,
 employee, or administrator: location(s) where the job duties are performed
 (outside, indoors, in open spaces, in smaller enclosed settings,
 etc.).

(d)

 Rehabilitation, Recovery, Absence of additional criminal charges (probation or
 parole reports, if applicable, showing whether the requestor is currently on
 probation or parole and any record or evidence of noncompliance with or
 violation of probation or parole).

(e)

 Rehabilitation and/or recovery efforts of
 the requestor, if applicable; for example:

1.

 Education or training;

2.

 Participation in treatment;

3.

 Certification as a Peer Support Counselor;

4.

 Letter from therapist, etc.; and

5.

 Independently verifiable evidence of
 restitution to victims, if applicable.

(f)

 Three (3) signed and written employment
 or character references in which one must be from a previous employer,
 preferably the most recent employer. The Department does not consider verbal
 references. Employment or character references must discuss: 

1.

 The requestor's character in general;
 and

2.

 If the requestor is an
 applicant, employee, or administrator, other evidence or circumstances
 indicating a reduced risk that the requestor will present a danger if
 employment is allowed (the letter must include specific reasons why the
 reference thinks there is a reduced risk).

(g)

 Written one (1) page statement from the
 requestor addressing:

1.

 The nature of the
 harm caused to the victim(s) (i.e., physical, emotional, financial, permanent,
 etc.) if there is not a victim impact statement;

2.

 Whether the requestor planned and
 organized others and acted as a guiding force in the commission of the
 crime;

3.

 Whether the requestor was
 under the influence of drugs or alcohol at the time of the crime and/or
 experiencing severe symptoms of untreated mental illness (i.e., mania,
 psychosis, delusions, etc.);

4.

 What the requestor learned from the experience;

5.

 Whether the requestor is bonded under a
 federal, state, or local bonding program; and

6.

 Whether rehabilitation efforts already
 accomplished by the requestor enable the requestor to bring perspectives and/or
 skills that are relevant for ownership of a facility or for the
 position.

(3)

 Once the requestor has submitted documents, the Department reviews all
 submitted documentation for completeness and may request additional and/or
 clarifying documentation.

(4)

 Once
 all documents have been received within the allotted timeframes, the request
 will be reviewed at the next Individualized Assessment Review Committee
 meeting. If the Department determines that the requestor did not include all
 the documents needed for the Individualized Assessment review, the requestor's
 ineligible determination is sustained, and the requestor and the facility are
 notified accordingly.

(5)

 Individualized Assessment Review Committee

(a)

 Composition. The Individualized Assessment Review Committee consists of
 representatives approved by the Department Executive Leadership.

(b)

 All members and alternates for the
 Individualized Assessment Review Committee must complete Security Awareness
 Training annually to continue to be active members of the committee.

(c)

 The representatives and their designated
 alternates are trained on the Individualized Assessment process.

(d)

 The Individualized Assessment Review
 Committee assesses whether the documentation submitted indicates a reduced risk
 that the requestor will present a danger if employment or ownership is
 allowed.

(e)

 Decisions of the
 Individualized Assessment Review Committee to deem a requestor eligible for
 employment or ownership must be unanimous.

(f)

 Decisions of the Individualized
 Assessment Review Committee are final. If the Committee does not deem the
 requestor eligible, the ineligible determination is sustained, and the
 requestor may request a hearing before the Office of State Administrative
 Hearings.

Rule 82-15-1-.12 Administrative Appeal

(1)

 If an owner, applicant, employee, or
 administrator has an ineligible determination that is sustained after the
 Individualized Assessment process, they may appeal their disqualifying
 ineligible determination to the Office of State Administrative Hearings. The
 Department will provide a process for making such an appeal.

(2)

 While such an appeal is pending, the
 facility shall take appropriate measures to ensure the health, safety, and
 well-being of individuals served by the facility.

(3)

 Unless prohibited under federal
 regulations, the facility may retain a current employee or administrator who
 has an ineligible determination during the period of his or her
 appeal.

(4)

 If the appellant is an
 applicant, employee, or administrator, in a hearing held pursuant to this rule,
 the hearing officer shall consider in mitigation the length of time since the
 crime was committed, the absence of additional criminal charges, the
 circumstances surrounding the commission of the crime, and other indicia of
 rehabilitation.

(5)

 If the
 appellant is an owner, in a hearing held pursuant to this rule, the hearing
 officer shall consider in mitigation the length of time since the crime was
 committed, the absence of additional criminal charges, the circumstances
 surrounding the commission of the crime, other indicia of rehabilitation, the
 facility's history of compliance with the regulation, and the owner's
 involvement with the licensed facility in arriving at a decision as to whether
 the criminal record requires the denial or revocation of the license to operate
 the facility.

(6)

 When a hearing is
 required, the hearing officer shall notify the office of the prosecuting
 attorney who initiated the prosecution of the crime in question at least thirty
 (30) days prior to the hearing to allow the prosecuting attorney to object to a
 possible determination that the conviction would not be a bar for the grant or
 continuation of a license. If objections are made, the hearing officer shall
 take such objections into consideration.

Rule 82-15-1-.13 Personnel File

(1)

 A personnel file for each administrator
 and employee shall be maintained by the facility.

(2)

 Such files shall be available for
 inspection by the Department but shall otherwise be maintained to protect the
 confidentiality of the information contained within.

(3)

 The information shall include, but not be
 limited to, evidence of each administrator's and employee's eligible
 determination, registry check, and licensure check, if applicable.

Rule 82-15-1-.14 Enforcement and Sanctions

(1)

 Except as expressly provided in these
 rules, a facility that does not terminate an employee who has been found to
 have an ineligible determination or failed a registry check shall be liable for
 a civil monetary penalty in the amount of $500.00 for each day that a violation
 occurs, not to exceed a total of $10,000.00.

(2)

 The daily civil monetary penalty shall be
 imposed only from the time the facility knew or should have known that it
 employed a person with a criminal record and until the date such individual's
 employment is terminated; provided, however, that the penalty shall not be
 imposed for any period of time during which the facility may retain the
 employee under the provisions of paragraph (2) of subsection (b) of O.C.G.A.
 § 
37-1-144
.

Rule 82-15-1-.15 Severability

In the event that any rule, sentence, clause or phrase of any
 of these rules and regulations may be construed by any court of competent
 jurisdiction to be invalid, illegal, unconstitutional, or otherwise
 unenforceable, such determination or adjudication shall in no manner affect the
 remaining rules or portions thereof. The remaining rules or portions thereof
 shall remain in full force and effect as if such rules or portions thereof so
 determined, declared or adjudged invalid or unconstitutional were not
 originally part of these rules.

Rule 82-15-1-.01 Legal Authority
Rule 82-15-1-.02 Title and Purpose
Rule 82-15-1-.03 Definitions
Rule 82-15-1-.04 Registry Check
Rule 82-15-1-.05 Professional Licensing Board Check
Rule 82-15-1-.06 Records Check Application
Rule 82-15-1-.07 Owners
Rule 82-15-1-.08 Background Checks Initiated by the Department
Rule 82-15-1-.09 Employment Prohibition
Rule 82-15-1-.10 Contested Results
Rule 82-15-1-.11 Administrative Review Through Individualized Assessment
Rule 82-15-1-.12 Administrative Appeal
Rule 82-15-1-.13 Personnel File
Rule 82-15-1-.14 Enforcement and Sanctions
Rule 82-15-1-.15 Severability