Title 49, Chapter 5, Section 68
( 49-5-68)
(a) If the director of a facility which has been issued a license
ceases to be the director of that facility, the licensee shall
thereupon designate a new director. After such change, the licensee
of that facility shall notify the department of such change and of
any additional information the department may require regarding the
newly designated director of that facility. Such information shall
include but not be limited to any information the licensee may have
regarding preliminary or any fingerprint records check
determinations regarding that director. After receiving a change of
director notification, the department shall make a written
determination from the information furnished with such notification
and the department's own records as to whether satisfactory or
unsatisfactory preliminary or state and national fingerprint records
check determinations have ever been made for the newly designated
director. If the department determines that such director within 12
months prior thereto has had satisfactory state and national
fingerprint records check determinations, such determinations shall
be deemed to be satisfactory state and national fingerprint records
check determinations as to that director. The license of that
facility shall not be adversely affected by that change in director,
and the licensee shall be so notified. (b) If the department determines under subsection (a) of this Code
section that there has ever been an unsatisfactory preliminary or
state or national fingerprint records check determination of the
newly designated director which has not been legally reversed, the
center and that director shall be so notified. The license for that
director's facility shall be indefinitely suspended or revoked
unless the center designates another director for whom it has not
received or made an unsatisfactory preliminary or state or national
fingerprint records check determination and proceeds pursuant to the
provisions of this Code section relating to a change of director. (c) If the department determines under subsection (a) of this Code section that there have been no state and national fingerprint records check determinations regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the center. The center shall furnish to the department the fingerprint records check application of the newly designated director after the date the notification is sent by the department or the license of that facility shall be indefinitely suspended or revoked. If that fingerprint records check application is so received, unless the department has within the immediately preceding 12 months made a satisfactory state fingerprint records check determination regarding the newly designated director, the department shall perform a state fingerprint records check determination of the newly designated director; and the applicant and that director shall be so notified. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the department shall perform a national fingerprint records check determination for that director as provided in Code Sections 49-5-64 and 49-5-65. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. If that determination is satisfactory, the center and director for whom the determination was made shall be so notified after the department makes its determination, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply. |