Authority of Secretary of State to Investigate and Act Upon Conduct

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  1. The Secretary may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee:
    1. Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;
    2. Has been convicted of a felony as provided under state law;
    3. Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under the individual's care;
    4. Has had a license to practice music therapy suspended or revoked or has otherwise been subject to discipline related to the individual's practice of music therapy in any other jurisdiction;
    5. Has committed a fraudulent insurance act;
    6. Excessively or habitually uses alcohol or drugs, provided that the Secretary shall not discipline an individual under this paragraph if the individual is enrolled in a substance abuse program approved by the office; or
    7. Has a physical or mental disability that renders the individual incapable of safely administering music therapy services.
  2. The Secretary is authorized to conduct investigations into allegations of conduct described in subsection (a) of this Code section.
  3. In addition to suspension, revocation, denial, or refusal to renew a license, the Secretary shall fine a person found to have violated any provision of this chapter or any rule adopted by the Secretary under this chapter not less than $100.00 nor more than $1,000.00 for each violation.
  4. The provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall be applicable to the Secretary of State and the provisions of this chapter.

(Code 1981, §43-25A-8, enacted by Ga. L. 2012, p. 884, § 1/SB 414.)


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