Georgia Code
Article 2 - Background Checks
§ 20-1A-43. Contested Case Procedure Following Rejection or Other Suspension of License or Application

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 hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any party, the hearing officer may, in his or her discretion, consider matters in mitigation of any conviction only if all terms of probation have been successfully completed, provided that the hearing officer examines the circumstances of the case and makes an independent finding that no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing officer deems a hearing to be appropriate, he or she shall also notify at least 30 days prior to such hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow such prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license or employment as contemplated within this chapter. If objections are made, the hearing officer shall take such objections into consideration in considering the case.
History. Code 1981, § 20-1A-43 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401.
The 2015 amendment, effective January 1, 2016, inserted “only if all terms of probation have been successfully completed” in the second sentence.

Structure Georgia Code

Georgia Code

Title 20 - Education

Chapter 1A - Early Care and Learning

Article 2 - Background Checks

§ 20-1A-30. Definitions

§ 20-1A-31. Records Check Application for Potential Employees; Comprehensive Records Check Determination

§ 20-1A-32. Program License or Commission Applicants; Comprehensive Records Check Requirements; Change of Ownership

§ 20-1A-33. Notification to Applicant on Comprehensive Records Check

§ 20-1A-34. Check of Fingerprints on National Level; Satisfactory Determination Prior to Employment; Additional Records Checks; Retention of Fingerprints

§ 20-1A-35. Provisional Employees; Receipt of Satisfactory Determination; Revocation of License, Commission, or Permit for Violations

§ 20-1A-36. Certain Offenders Prohibited as Employees of Facilities

§ 20-1A-37. Director or Employee Residing in Family Child Care Learning Home or at Certain Programs; Comprehensive Records Check Requirements

§ 20-1A-38. Change of Directors; Records Check Requirements

§ 20-1A-39. Potential Employees; Current Employees and Directors; Comprehensive Records Check Requirements; Satisfactory Determination; Liability for Hiring Ineligible Employee

§ 20-1A-40. Cooperation With Gcic and Other Law Enforcement Agencies; Fees; Penalty for Misuse of Information

§ 20-1A-41. Liability for Information or Determinations Made Based Upon Records Check

§ 20-1A-42. Construction With Article 1

§ 20-1A-43. Contested Case Procedure Following Rejection or Other Suspension of License or Application

§ 20-1A-44. Regulatory Authority

§ 20-1A-45. Valid Period for Records Check for Separated Employees