Denial, Revocation, or Sanction of Licenses and Registrations; Action by Board; Judicial Review

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Operators of Private Detective Businesses and Private Security Businesses
  5. Denial, Revocation, or Sanction of Licenses and Registrations; Action by Board; Judicial Review

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  1. The board shall have the authority to refuse to grant a license or registration to an applicant therefor or to revoke the license or registration of a person licensed or registered by the board or to discipline a person licensed or registered by the board upon a finding by a majority of the entire board that the licensee, registrant, or applicant has:
    1. Failed to demonstrate the qualifications or standards for a license or registration contained in this chapter or the rules or regulations under which licensure is sought or held. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for the issuance of a license or registration and, if the board is not satisfied as to the applicant's qualifications, it may deny a license or registration without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires;
    2. Made any false statement or given any false information in connection with an application for license or registration, including an application for renewal or reinstatement thereof;
    3. Knowingly violated this chapter or violated any rule or regulation promulgated by the board pursuant to the authority contained in this chapter;
    4. Been convicted, in the courts of this state or of the United States, or in the courts of any other state, territory, or country, of a felony, or any crime involving the illegal use, carrying, or possession of a dangerous weapon, or any crime involving moral turpitude. As used in this subsection, the term "felony" shall include any offense which if committed in this state would be deemed a felony, without regard to its designation elsewhere. For purposes of this subsection, a "conviction" shall be deemed to include a finding or verdict of guilty or plea of guilty, regardless of whether an appeal of the conviction has been sought;
    5. Been arrested, charged, and sentenced for the commission of a felony, any crime involving the illegal use, carrying, or possession of a dangerous weapon, or any crime involving moral turpitude, where:
      1. A plea of nolo contendere was entered to the charge;
      2. First offender treatment was granted without adjudication of guilt pursuant to the charge; or
      3. An adjudication or sentence was otherwise withheld or not entered on the charge.

        The plea of nolo contendere or the order entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;

    6. Become unable to engage in the private detective or private security business with reasonable skill and safety to the public by reason of illness; use of alcohol, drugs, narcotics, chemicals, or any other type of material; or any other mental or physical condition. The board may, however, after investigation of the circumstances surrounding each application, approve for licensure and registration those individuals who produce certified medical evidence of having been successfully treated and cured of alcoholism, drug addiction, or mental illness;
    7. Committed any act in the practice of the private detective or private security business constituting dishonesty or fraud;
    8. Been convicted of impersonating, or permitting or aiding and abetting any other person to impersonate, a law enforcement officer or employee of the United States or of this state or of any political subdivision thereof in the practice of the private detective or private security business;
    9. Engaged in, or permitted any employee to engage in, the private detective or private security business without a valid license or registration issued under this chapter;
    10. Willfully failed or refused to render a service or to tender a report to a client in connection with the private detective or private security business as agreed between the parties and for which compensation was paid or tendered in accordance with the agreement of the parties;
    11. Committed a felony, any crime involving the illegal use, carrying, or possession of a dangerous weapon, or any crime involving moral turpitude;
    12. Knowingly violated, or advised, encouraged, or assisted in the violation of, any court order or injunction in the course of the private detective or private security business or knowingly advised, encouraged, or assisted in the violation of any lawful order issued by the board;
    13. Failed to renew a canceled bond or liability insurance policy in accordance with subsection (d) of Code Section 43-38-6 or failed to supply the financial affidavit required in lieu thereof;
    14. Undertaken to give legal advice or counsel; misrepresented that he is representing an attorney or is appearing or will appear in any legal proceeding; issued, delivered, or uttered any simulation of process of any nature which might lead a person to believe that such simulation, whether written, printed, or typed, may be a summons, warrant, writ, or other court process or pleading in any court proceeding;
    15. Failed to demonstrate the qualifications or standards for licensure or registration contained in this chapter or in the rules and regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for licensure or registration; and, if the board is not satisfied as to the applicant's qualifications, it shall have the power to deny such licensure or registration; or
    16. Purchased, acquired, sold, or released the telephone records, as such term is defined in Code Section 46-5-210, of any third party who is a Georgia resident.
    1. If the board finds that any applicant for licensure or any prospective registrant is unqualified to be granted such license or to be registered, the board may:
      1. Deny the application for licensure or registration; or
      2. Limit or restrict any license or registration for a definite period of time.
    2. If, after notice and hearing, the board finds that the license or registration of any holder thereof should be revoked or otherwise sanctioned, the board may take any one or more of the following actions:
      1. Administer a public reprimand;
      2. Suspend any license or registration for a definite period of time;
      3. Limit or restrict any license or registration for a definite period of time;
      4. Revoke or suspend a license or registration;
      5. Fine any licensee or registrant in an amount not to exceed $500.00 for each violation of a law or rule or regulation; or
      6. Place a licensee or registrant on probation for a definite period of time and impose such conditions of probation as will adequately protect the public during that period.

        In its discretion, the board may restore or reinstate a license or registration which has been sanctioned and, in conjunction therewith, may impose any disciplinary or corrective action provided for in this chapter.

  3. Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board.

(Ga. L. 1973, p. 40, § 14; Ga. L. 1981, p. 1828, § 9; Ga. L. 1982, p. 3, § 43; Ga. L. 1984, p. 1338, § 3; Ga. L. 1986, p. 751, § 3; Ga. L. 1987, p. 3, § 43; Ga. L. 1987, p. 1400, § 12; Ga. L. 1992, p. 6, § 43; Ga. L. 2000, p. 1161, § 6; Ga. L. 2000, p. 1706, § 18; Ga. L. 2006, p. 562, § 4/SB 455.)

Editor's notes.

- Ga. L. 2006, p. 562, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Telephone Records Privacy Protection Act.'"

Ga. L. 2006, p. 562, § 2, not codified by the General Assembly, provides that: "The General Assembly finds that:

"(1) Telephone records can be of great use to criminals because the information contained in call logs listed in such records include a wealth of personal data;

"(2) Many call logs reveal the names of telephone users' doctors, public and private relationships, business associates, and more;

"(3) Although other personal information such as social security numbers may appear on public documents, which can be accessed by data brokers, the only warehouse of telephone records is located at the telephone companies themselves;

"(4) Telephone records are sometimes accessed without authorization of the customer by:

"(A) An employee of the telephone service provider selling the data; and

"(B) 'Pretexting,' whereby a data broker or other person pretends to be the owner of the telephone and convinces the telephone company's employees to release the data to such person; and

"(5) Telephone companies encourage customers to manage their accounts online with many setting up the online capability in advance, although many customers never access their account online. If someone seeking the information activates the account before the customer, he or she can gain unfettered access to the telephone records and call logs of that customer."

Law reviews.

- For article on the effect on receiving government-issued licenses after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).

OPINIONS OF THE ATTORNEY GENERAL

Board may issue license or registration before receipt of fingerprint reports from agencies.

- While fingerprints of applicants for licensure and registration must be forwarded to certain state and federal agencies, the Georgia Board of Private Detective and Security Agencies may, in the Board's discretion, issue such licenses and registrations prior to receiving responses from these agencies. 1975 Op. Att'y Gen. No. 75-100.


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