Rules and Regulations of the State of Georgia
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Chapter 140-1 ORGANIZATION

Rule 140-1-.01 Organization

(1) There is a Director responsible for development, maintenance and operation of the Georgia Crime Information Center (GCIC).
(2) There is a Council responsible for providing assistance and guidance. The GCIC Director or designeeshall attend all Council meetings and maintain records of the proceedings.
(3) All legal notices and correspondence regarding administrative proceedings shall be directed to the GCIC Director.
(4) The GCIC mailing address is P.O. Box 370748, Decatur, Georgia 30037-0748.
(5) The Georgia Bureau of Investigation (GBI) functions as the State CJIS Systems Agency (CSA) for Georgia per the service agreement between Georgia and the Federal Bureau of Investigation (FBI), CJIS Division.
(6) The GCIC Director provides the Georgia representative to the governing body of the International Justice and Public Safety Information Sharing Network (Nlets) per the service agreement between the GBI and the Executive Director of Nlets.
(7) The GCIC Director serves as the state National Crime Prevention and Privacy Compact officer responsible for administering the compact within the state; ensuring compliance with compact provisions and rules, procedures and standards established by the compact council; and, regulating the in-state use of records received from the FBI or other states party to the compact.
(8) The Rules of the GCIC Council rest on the authority of federal law and rules as well as state law.

Rule 140-1-.02 General Definitions

(1) All words defined in O.C.G.A. § 35-3-30 have the same meaning for these Rules.
(2) The following definitions apply generally to all Rules of the GCIC Council.
(a) Administration of criminal justice - Activities involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders. It also includes criminal identification activities; the collection, storage and dissemination of criminal history record information; and, criminal justice employment.
(b) Criminal justice agency - Courts, a governmental agency, or any subunit thereof that performs the administration of criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice. State and federal Inspectors General Offices are included.
(c) Criminal justice information - Includes the following classes:
1. Criminal History Record Information (CHRI) - Information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal criminal charges, and any disposition arising there from including acquittal, sentencing, correctional supervision and release. Such term also includes the age and sex of each victim as provided by criminal justice agencies. The term does not include identification information, such as fingerprint records not related to an arrest, to the extent that such information does not indicate involvement of the individual in the criminal justice system.
2. Restricteddata - CJIS network operational procedures, manuals, forms and data gathering techniques.
3. Secret data - Information dealing with those operational and programming elements, which prevent unlawful intrusion into the GCIC/CJIS, the communications network and satellite computer systems handling criminal justice information.
4. Sensitive data - Statistical information in the form of reports, lists and documents that may identify a group characteristic. It may apply to a group of persons, articles, vehicles, etc. such as white males or stolen guns.
(d) Criminal Justice Information System (CJIS) - All agencies, procedures, mechanisms, media and forms, as well as the information itself, which are or become involved in the organization, transmission, storage, retrieval and dissemination of information related to reported offenses, offenders and the subsequent actions related to such events or persons.
(e) Designated representative - The person specifically named to receive CHRI from GCIC on behalf of any private person, business and commercial establishment or authorized public agency eligible to request such information.
(f) Disposition - The result of criminal proceedings including information disclosing that arresting agencies elected not to refer the matter to a prosecutor or that a prosecutor elected not to commence criminal proceedings and disclosing the nature of the termination in proceedings or, information disclosing the reason for such postponement.
(g) FBI CJIS and NCIC - The FBI's Criminal Justice Information Services Division (CJIS), which includes the National Crime Information Center (NCIC). The terms FBI CJIS and NCIC may be used interchangeably throughout the Rules.
(h) GCIC CJIS Security Policy - The Information Technology (IT) security program established by GCIC in conformance with the FBI CJIS Security Policy, as amended, which governs the operation of computers, access devices, circuits, hubs, routers, firewalls and other components that make up and support a telecommunications network and related CJIS systems used to process, store or transmit criminal justice information guaranteeing the priority, integrity and availability of service needed by the criminal justice community.
(i) Georgia Crime Information Center (GCIC) as created by O.C.G.A. § 35-3-31.
(j) Governmental dispatch center - A non-criminal justice agency established by an act of local government to provide communications support services to local government agencies, including criminal justice agencies.
(k) Hearing - A right of GCIC and parties affected by any GCIC action to present formally or informally, relevant information, testimony, documents, evidence and arguments as to why specified actions should or should not be taken.
(l) Hot files - Computerized files maintained by the FBI's CJIS division. These files contain accurate and timely documents related to vehicles, license plates, boats, guns, articles, securities, wanted persons, foreign fugitives, United States Secret Service protective, missing persons, unidentified persons, violent gang and terrorist organizations, deported felons, protective orders, convicted sex offender registries, convicted persons on supervised release and vehicle/boat parts.
(m) Information Security Officer (ISO) - The person designated to administer GCIC's information security program. The ISO is the internal and external point of contact (POC) for all information security matters and ensures that each local agency having access to a criminal justice network has a security POC. (See Local Agency Security Officer (LASO)).
(n) Interface - A computer system independent of the State system that transactions must travel through to access the GCIC and FBI CJIS networks, including the NCIC.
(o) Local Agency Security Officer (LASO) - The local agency security POC for agencies that access the GCIC CJIS network.
(p) Management control - The authority to set and enforce priorities; standards for selection, supervision and termination of personnel; and, policy governing the operation of computers, circuits and telecommunications terminals used to process, store or transmit CHRI and/or other criminal justice information.
(q) National Crime Prevention and Privacy Compact - Allows a party state to disseminate its CHRI to other states for non-criminal justice purposes in accordance with the laws of the receiving state. Georgia became a compact state in 1999.
(r) Non-criminal justice agency - Any agency that does not meet the definition of a criminal justice agency.
(s) Non-criminal justice purpose - Using CHRI for purposes authorized by state or federal law other than the administration of criminal justice. Authorized purposes include employment suitability, licensing determinations, immigration and naturalization matters and national security clearances.
(t) Practitioner - An agency employee who accesses the Georgia CJIS network, the FBI CJIS system and other CJIS network databases needed to perform official duties and responsibilities.
(u) Public network - A telecommunications infrastructure consisting of network components not owned, operated and managed solely by a criminal justice agency. This includes, but is not limited to, a common carrier ATM or Frame Relay network where, by design, the redundancy provided is through use of shared public switches within the network cloud. Dedicated criminal justice local or wide area networks (LAN/WAN) that contain no public network component are not considered public networks.
(v) Secondary dissemination - The re-dissemination of CHRI other than for the intended purpose by an authorized recipient to someone unauthorized to receive the CHRI.
(w) Terminal Agency Coordinator (TAC) - An agency employee designated by the agency head to be responsible for ensuring compliance with state and federal policies, regulations and laws established by GCIC, the FBI's CJIS Division and Nlets. Responsibilities include adherence to GCIC/FBI CJIS validation program procedures for specified Georgia and FBI CJIS records.
(x) Terminal operator - An agency employee whose primary job function includes accessing the CJIS network.
(y) The International Justice & Public Safety Information Sharing Network (Nlets) - A message switching network owned by the states that links local, state and federal agencies together to provide the exchange of criminal justice and public safety related information.
(z) User Agreement - A current, signed written agreement between the appropriate signatory authority of the user agency and the Director authorizing the provision of said access set forth within the agreement. The agreement refers to the necessary security-related provisions therein.

Rule 140-1-.03 Administrative Declaratory Rulings

(1) Availability of declaratory ruling. Any persons whose legal rights are impaired by the application of any statutory provision or any GCIC Rule or order may petition GCIC and request a declaratory ruling. GCIC will not render advisory opinions, resolve questions that are moot or hypothetical or otherwise act hereunder except in actual controversies or in other cases upon which a superior court would be required to act under the Georgia declaratory judgement statutes as construed by the appellate courts of Georgia.
(2) Form of petition. Each petition filed with GCIC shall be in writing and include:
(a) The name and post office address of the petitioner.
(b) The full test of the statute, rule or order upon which a ruling is requested.
(c) A detailed statement of all pertinent facts necessary for a determination.
(d) The petitioner's contention, if any, as to the applicability of cited legal authorities that authorize, support or require a decision in accordance therewith.
(e) A detailed statement setting forth the petitioner's interest in the matter. The statement shall be verified under oath by, or on behalf of, the petitioner.
(3) Proceedings on petition. If GCIC determines a decision can be rendered on the petition without further proceedings, a summary decision shall be rendered. Otherwise, parties shall be notified and the matter reviewed in an informal hearing.
(4) Informal interpretations and rulings
(a) Any person may request GCIC to interpret or otherwise rule informally upon the applicability of any pertinent statute or Rule by personal appearance at GCIC or by letter, telegram or facsimile addressed to the GCIC Director.
(b) GCIC may respond to such requests at its own discretion, or may issue interpretive rulings on its own initiative.
(5) Requests presented in any manner other than in accordance with the provision of 140-1-.03(2) above shall be answered with an informal interpretation.

Rule 140-1-.04 Petition for Adoption of Rules

(1) Form of petition. Each petition for adoption of Rules pursuant to the Georgia Administrative Procedure Act shall be filed with GCIC in writing under oath and include:
(a) The name and post office address of the petitioner.
(b) The full text of the Rule(s) requested to be amended, repealed or promulgated.
(c) A detailed statement of why such Rule should be amended, repealed or promulgated, including a statement of the petitioner's interest in the matter.
(d) Citations of legal authorities, if any, that authorize, support or require the action requested by the petitioner.
(2) Proceedings on petition. The GCIC Council shall consider each petition at regularly scheduled meetings. The Council may decline to take action or may initiate Rule making or Rule changing proceedings in accordance with the Georgia Administrative Procedure Act. The Council shall notify the petitioner by certified mail of its decision and shall state its reasons if it declines to act.

Rule 140-1-.05 Approval and Disciplinary Procedures

(1) Information exchange and service from GCIC. Persons and agencies shall exchange information and receive service from GCIC only when approved by the Director. GCIC shall not provide any service or exchange any information unless the Director finds:
(a) The person or agency is permitted by Georgia law and these Rules to exchange information or receive service
(b) There is no significant danger that the person or agency will use the information or service in a manner that would violate Georgia law, these Rules or applicable federal law or rules.
(2) Notification and resolution of violations. When the Director determines that any law, Rule, regulation or policy of the GCIC Council concerning criminal justice information was violated, is being violated or about to be violated, he shall immediately advise the person or responsible agency head of the existence and nature of such violation. If possible, the Director and concerned parties should agree on a mutually satisfactory resolution, which is documented and signed. Upon review and approval by the GCIC Council, the resolution will be the final disposition of the matter. If the GCIC Council requires modification of the agreement and the concerned parties accept the modification, it shall be the final disposition of the matter. Suspension proceedings are possible when there is failure to agree on a resolution that is satisfactory to the GCIC Council and concerned parties.
(3) Suspension. If an agreement satisfactory to the Director and concerned parties cannot be reached within 45 days of the initial notification of violation the Director may, at his discretion, cause any or all services rendered by GCIC to be suspended. In such cases, the Director shall notify the Chairman of the GCIC Council; however, suspension shall be immediate when major violations exist.
(4) Reinstatement. Upon petition of concerned parties that have had any service suspended the Director may, at his discretion, reinstate full or partial service pending a final decision by the Council, if he finds that reinstatement will not create a significant danger of future violations.
(5) Contested cases. Hearings and appeals regarding refusals by the Director to exchange information or provide services or regarding any disciplinary measure taken by the Director or the GCIC Council pursuant to this Rule shall be conducted pursuant to the Georgia Administrative Procedure Act and the following.
(a) Initiating a contested case. Any person or agency legally entitled to contest a refusal to exchange information, or provide services or to contest any disciplinary measure under this Rule may do so by filing a request for hearing with the Director, which shall include:
1. The complete name and post office address of the party filing the request.
2. The name and post office address of all other interested parties.
3. A detailed statement of the facts upon which the GCIC action is contested.
4. A statement describing the relief sought.
5. The name and post office address of counsel, if the party filing the request is represented by counsel.
(b) Limitations on right to a hearing. A hearing to contest the imposition of a disciplinary measure will be granted as a matter of right only if it is filed within 30 days of the imposition of the action. A hearing upon a refusal to exchange information or provide services upon a request for reinstatement of suspended services shall be granted as a matter of right at any time while service is partially or wholly suspended. A petition for such a hearing may be denied only when the petition presents no substantial grounds that have not been previously presented. The Council may, at its discretion, allow extensions of time and amendment of requests for good cause.
(c) Responses to requests for hearing. The GCIC Council will respond to all requests for hearings with scheduling notices or orders denying requests and reasons for denials.
(d) Motions. Any application to the Director or the GCIC Council to enter any order or to take any action, after filing a request for hearing, shall be made by motion that, unless made during the hearing, shall be in writing stating the specific grounds therefore and set forth the action or order sought. No motion shall be ruled upon except when the case-in-chief is ruled upon, unless the moving party specifically requests a ruling at some other time and the Council deems such ruling appropriate.
(e) Hearings. Three members of the GCIC Council appointed by the Chairman or his designee shall conduct hearings in contested cases. Following each hearing, Council members shall notify the Director and each interested party of their findings. Each party shall have 20 days following the notification to file written exceptions and briefs. At the next scheduled meeting of the GCIC Council, the Director and all concerned parties shall have an opportunity to present oral arguments. The Council shall then render a final decision.
(6) Notwithstanding anything previously stated, if it appears that the provisions of O.C.G.A. § 35-3-38 have been violated, the Director or the GCIC Council may refer the matter to the appropriate prosecuting authority.

Rule 140-1-.06 Contested Cases Governed by Express Statutory Provisions

Contested cases, which arise under O.C.G.A. § 35-3-37 concerning an individual's right to access and correct his criminal record are governed and processed by provisions contained therein, rather than the Administrative Procedure Act.