After being furnished the required records check application under Code Section 49-5-62, the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the department's determination as to that person's state fingerprint records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to each employee of an applicant's facility and the state fingerprint records check was satisfactory as to the director, that applicant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the state or national fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 49-5-62 and this Code section to obtain state and national fingerprint records checks for that newly designated director. If the preliminary records check for any employee other than the director revealed a criminal record of any kind, such employee shall not be allowed to work in the center until he or she either has obtained state and national fingerprint records check determinations that are satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73. If the determination was unsatisfactory as to any employee of an applicant's facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. Any employee other than the director who receives a preliminary records check determination that is satisfactory shall not be required to obtain a fingerprint records check when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, unless such an employee has been designated as a director or as permitted by the provisions of subsection (c) of Code Section 49-5-69.
(Code 1981, §49-5-63, enacted by Ga. L. 1984, p. 1397, § 1; Ga. L. 1985, p. 963, § 1; Ga. L. 1986, p. 10, § 49; Ga. L. 1987, p. 1416, § 2; Ga. L. 1999, p. 539, § 3; Ga. L. 1999, p. 574, § 5; Ga. L. 2018, p. 507, § 2-15/SB 336.)
The 2018 amendment, effective July 1, 2018, in this Code section, in the fourth sentence, deleted "satisfactory" preceding "state and national" in the middle, inserted "that are satisfactory" near the end, and substituted the present provisions of the last sentence for the former provisions, which read: "Any employee other than the director who receives a satisfactory preliminary records check shall not be required to obtain a fingerprint records check unless such an employee has been designated as a director or as permitted by the provisions of subsection (c) of Code Section 49-5-69."
Law reviews.- For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).