§ 49-5-92. Preliminary Hearing; Department Order; Interim Department Actions
A request for a preliminary hearing shall be made in writing within five days from the time of service, excepting weekends. The request must be made to the representative of the department designated in the order. Unless a request is made to appear in person, the preliminary hearing shall consist of an administrative review of […]
§ 49-5-63. Notice of Determination; Issuance of License; Effect of Unsatisfactory Determination
After being furnished the required records check application under Code Section 49-5-62, the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the department’s determination as to that person’s state fingerprint records check was satisfactory or unsatisfactory. If the preliminary records check determination was […]
§ 49-5-110. Definitions
As used in this article, the term: “Conviction” means a finding or verdict of guilty or a plea of guilty. “Crime” means a violation of Code Section 16-5-23 when the victim is a minor; a violation of Code Section 16-5-24 when the victim is a minor; a violation of Code Section 16-5-70; a violation of […]
§ 49-5-64. Fingerprint Records Check; Retention
The department shall transmit to GCIC both sets of fingerprints and the records search fee from each fingerprint records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and […]
§ 49-5-111. Employers Authorized to Make Records Checks; Procedure; Retention of Fingerprints
On and after July 1, 1986, an employer may require that a new or current employee or volunteer submit to a records check for the purpose of determining whether such person has ever been convicted of a crime or has a criminal record. An employer seeking a records check on an employee shall submit a […]
§ 49-5-65. Determination on the Basis of Fingerprint Records Check; Revocation of License
After receiving a Federal Bureau of Investigation report regarding a national fingerprint records check under Code Section 49-5-64, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactory. If the national fingerprint records check determination was unsatisfactory as to the […]
§ 49-5-66. Separate License and Center
Each center shall be required to obtain a separate license and shall have a separate director for each center. History. Code 1981, § 49-5-66 , enacted by Ga. L. 1984, p. 1397, § 1; Ga. L. 1985, p. 963, § 1; Ga. L. 1987, p. 1416, § 5; Ga. L. 1999, p. 539, § 6; […]
§ 49-5-67. Fingerprint Records Check Application for Director of Existing Facility; Preliminary Records Check for Employees; Annual License
As an alternative to the requirements set out in this article pertaining to obtaining preliminary criminal records check determinations through the department for employees, foster parents, and adults residing in a foster care home, but not including directors of centers, centers may obtain GCIC information through local law enforcement agencies. The center shall be responsible […]
§ 49-5-68. Change of Director
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 […]
§ 49-5-69. Employment Requirements; Suspension or Revocation of License or Criminal Penalty for Violations
Before a person may become an employee other than a director of any center after that center has received a license, that center shall require that person to obtain a satisfactory preliminary records check. The center shall maintain documentation in the employee’s personnel file, which is available to the department upon request, which reflects that […]