History. Code 1981, § 20-1A-32 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 507, § 2-2/SB 336; Ga. L. 2018, p. 1101, § 4/HB 494.
The 2015 amendment, effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: “Effective January 1, 2014, 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 each employee. In lieu of such records check applications, the license applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director or employee received a satisfactory fingerprint records check determination, or that any director or employee whose fingerprint records check revealed a criminal record of any kind has either subsequently received a satisfactory fingerprint records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. Either the department or the appropriate law enforcement agencies may charge reasonable and additional processing fees for performing fingerprint records checks as required by statute, regulation, or policy or by GCIC.”
The 2018 amendments. —
The first 2018 amendment, effective July 1, 2018, added subsection (d). The second 2018 amendment, effective July 1, 2018, substituted “comprehensive” for “fingerprint” throughout this Code section; in subsection (a), inserted “, notwithstanding Code Section 20-1A-45” twice in the second sentence, and, in the last sentence, deleted “law enforcement” preceding “agencies” and substituted “providing information pursuant to a records check application” for “performing fingerprint records checks” near the end; and, in the second sentence of subsection (b), inserted “, notwithstanding Code Section 20-1A-45” twice, and inserted “determination” near the end.
Law reviews.
For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).
Structure Georgia Code
Chapter 1A - Early Care and Learning
§ 20-1A-33. Notification to Applicant on Comprehensive Records Check
§ 20-1A-36. Certain Offenders Prohibited as Employees of Facilities
§ 20-1A-38. Change of Directors; Records Check Requirements
§ 20-1A-41. Liability for Information or Determinations Made Based Upon Records Check
§ 20-1A-42. Construction With Article 1
§ 20-1A-44. Regulatory Authority
§ 20-1A-45. Valid Period for Records Check for Separated Employees