§ 49-5-70. Required Cooperation Among State Agencies; Unauthorized Use of Criminal History Record Information
GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and fingerprint records checks required under this chapter and shall provide such information so required for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor. Any person who knowingly […]
§ 49-5-71. Immunity From Liability for Centers, State Agencies, and Employees
Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article. A center or […]
§ 49-5-72. Supplemental Nature of Article’s Requirements
The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter. History. Code 1981, § 49-5-73 , enacted by Ga. L. 1984, p. 1397, § 1; Code 1981, § 49-5-72 , as redesignated by Ga. L. 1985, p. 963, § 1. Editor’s notes. Ga. L. 1985, […]
§ 49-5-73. Applicability of “Georgia Administrative Procedure Act”; Consideration of Matters in Mitigation of Conviction
A determination by the department regarding preliminary or fingerprint records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” except that any […]
§ 49-5-74. Administration of Article
The department is authorized to provide by regulation for the administration of this article. History. Code 1981, § 49-5-74 , enacted by Ga. L. 1985, p. 963, § 1. Editor’s notes. Former Code Section 49-5-74 was redesignated as Code Section 49-5-73 by Ga. L. 1985, p. 963, § 1.
§ 49-5-90. Definitions
As used in this article, the term: “Child in care” means any person under the age of 17 years who has been admitted to, is cared for, or resides in a facility. “Commissioner” means the commissioner of human services or his designee. “Corrective order” means an order by the commissioner detailing the findings of the […]
§ 49-5-61. Requirement of Separate License and Separate Director for Each New Facility
An applicant for a new license shall have a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility. History. Code 1981, § 49-5-61 , enacted by Ga. L. 1984, p. 1397, § 1; Ga. L. 1985, p. 963, § […]
§ 49-5-91. Emergency Orders; Corrective Orders; Monitors
Emergency orders may be issued by the commissioner or his designee pursuant to findings by the department pursuant to surveys, inspections, or investigations, which are required or permitted by law, that departmental rules and regulations are being violated which threaten the health, safety, or welfare of children in care. The commissioner may order the emergency […]
§ 49-5-62. Records Check Application for Director of New Facility; Preliminary Records Check for Employees; Retention of Fingerprints
Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a preliminary records check for each employee of such facility that is satisfactory. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that […]
§ 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 […]