Chapter 509-2 LICENSURE AND REGISTRATION
| (1) |
Company
licenses issued by the Board shall expire on June 30 of each odd-numbered
year. |
| (2) |
A penalty fee as
determined by the Board shall be applicable to any applicant renewing their
company license after June 30 and through July 31 of the renewal period.
Failure to renew a company license by July 31 shall have the same effect as a
revocation of said license. Reinstatement of a revoked company license shall be
in the discretion of the Board, which may require that a completed application
for company licensure, including all applicable fees and other required
information to be submitted as if it was a new application. In the discretion
of the Board, an applicant for company re-licensure may be required to
successfully pass a written examination. |
| (3) |
Employee registration cards and/or weapon
permits issued by the Board shall expire on August 31 of each odd-numbered
year. |
| (4) |
A penalty fee as
determined by the Board shall be applicable to any employee applicant renewing
their registration or weapon permit after August 31 and through September 31 of
the renewal period. Failure to renew a registration or weapon permit by
September 31 shall have the same effect as a revocation of said registration
card or weapon permit. Reinstatement of a revoked employee registration or
weapon permit shall be in the discretion of the Board, which may require that a
completed application for employee registration and/or a completed application
for permit to carry firearms, including all applicable fees and other required
information to be submitted as if it was a new application. |
| (1) |
Any applicant
for licensure to operate a private detective company must have at least two (2)
years experience as a licensed private detective with a licensed detective
agency or at least two (2) years experience in law enforcement with a federal,
state, county, or municipal police department, or has a four (4) year degree in
criminal justice or related field from an accredited university. |
| (2) |
Any applicant for licensure to operate a
security company must have at least two (2) years full-time experience as a
supervisor or administrator in in-house security operations or with a licensed
security agency or at least two (2) years experience in law enforcement with
federal, state, county, or municipal police department, or a four (4) year
degree in criminal justice or related field from an accredited
university. |
| (3) |
Two (2) years of
full-time experience, as used in Rule 509-2-.02(1) & (2), shall mean that
an individual was employed at least two (2) years and worked a minimum of 30
hours per week. Experience in law enforcement must meet the definition in
O.C.G.A.
35-8-2(8),
or the definition of any other state or federal agency with similar
criteria. |
| (4) |
The Board shall be
responsible for adopting an examination for the licensure of applicants on
behalf of private detective and private security companies. The examinations
shall be designed to assess candidates' abilities to perform at an acceptable
level of practice, which will not be harmful to the public health, safety or
welfare.
| (a) |
The contents of the examination
for private detective company licensure shall reflect the scope of practice of
the private detective profession, as defined in O.C.G.A. Section
43-38-3(3),
or as approved by the Board. |
| (b) |
The contents of the examination for private security company licensure shall
reflect the scope of practice of the private security profession, as defined in
O.C.G.A. Section
43-38-3(4),
of this chapter, or as approved by the Board. |
| (c) |
The Joint - Secretary shall determine the
time, location and schedule of examinations, and shall conduct such
examinations according to procedures which protect examination security, and
provide a fair and equitable examination administration for all
candidates. |
| (d) |
The Board will
provide reasonable modification to a qualified applicant with a disability in
accordance with the Americans With Disabilities Act. The request for a
modification by an individual with a disability must be made in writing and
received in the Board's office by the application deadline, along with
appropriate documentation, as indicated in the Request for Disability
Modification Guidelines. |
| (e) |
Each
candidate for licensure shall submit a completed application form and required
fee no later than 45 days prior to the scheduled examination. An incomplete
application will not be presented to the board for review and may be returned
to the applicant for completion. Upon notification by the board office that an
application is incomplete, the applicant must complete the application within
60 days of the notice. Failure to do so will invalidate the application and
will require a new application and fee, along with all required
documents. |
| (f) |
All applications for
examination must be reviewed and approved by the board prior to an examination.
Applications must be submitted to the Board's office, at least, 45 days prior
to the scheduled examination. |
| (g) |
The passing level for the examination shall be determined by the Board, or a
group of experts in the field as approved by the Board to review the questions
on each examination. |
| (h) |
An
applicant who has failed the licensure examination may retake the examination
by completing a reexamination application or submitting a written notice of
request to retake the examination and the required reexamination fee to the
Board's office no later than 45 days prior to the scheduled examination. The
examination cannot be taken more than three times, by an applicant, without
submitting a new application and appropriate fee to the Board. |
| (i) |
An applicant scheduled for an examination
who fails to appear for three (3) consecutive examinations will not be
permitted thereafter to stand the examination until he has submitted a new
application and fee. |
| (j) |
The Board
shall set the fee for the examinations. |
|
| (1) |
Any applicant for licensure who is filing
the application on behalf of a firm, association, company, partnership, or
corporation shall be the president or secretary of such company or corporation
or a member of such firm, association, or partnership. Said officer or member
shall be directly responsible for all operations and must be registered with
the Board. |
| (2) |
At any time after
the receipt by the Board of all documents and fees required by law or by these
rules, and after being satisfied that the applicant has the qualifications set
forth by law, and has received the minimum training required by rule, the Board
may issue a license or registration card, provided that reports have been
received from the state and federal agencies to which the applicant's
fingerprint cards have been sent. Should any statement appearing in the
application or any other form submitted to the Board by the applicant be
demonstrated to be untrue or false, the Board will then, at its earliest
opportunity, take appropriate action against the applicant. |
| (3) |
Upon death, resignation or termination of
the license holder of the company, the chief officer of the company shall
notify the Board within 10 (ten) business days of the absence of the license
holder, and shall request a 180-day grace period to operate the company until a
qualified license holder can be submitted to the Board for approval with a new
application for company license. |
| (4) |
Upon death, resignation or termination of
a registrant the licensee (employer) shall notify the Board within 30 days of
the termination of employment of any registered employee by mailing to the
office of the Division Director the employee's registration and weapon permit
cards. |
| (5) |
When any registrant
transfers from one employer to another, the employer must make a new
application and submit the appropriate fee to the Board. Refer to the fee
schedule for fee. The board may issue the registration with weapon permit to
such registrant before receiving the results of the criminal background check,
based upon a current registration with weapon permit with another
employer. |
| (6) |
When any registrant
is employed by more than one agency simultaneously, each employer must complete
application for registration on behalf of the employee. Each application must
be accompanied by the appropriate fee. Refer to the fee schedule for fee. The
board may issue the registration with weapon permit to such registrant before
receiving the results of the criminal background check, based upon a current
registration with weapon permit with another employer. |
| (1) |
A permit to carry an exposed weapon may
be issued by the Board, in its discretion, upon being satisfied of the
applicant's character, competency, and eligibility, if the Board has received
all documents and fees required by the licensing laws of this Chapter and has
received satisfactory reports on the background investigations on the applicant
through the system of identification of the Georgia Bureau of Investigation
(GCIC) and Federal Bureau of Investigation (NCIC). The Board, in its
discretion, may approve an application for a permit to carry an exposed weapon
for a post on a federal installation prior to receiving the reports on the
background investigations from GCIC and NCIC, provided that the Board receives
from the Federal Protection Agency an official letter of adjudication for work
on a federal installation for the employee. |
| (2) |
The Board shall be authorized to suspend
any license or registration without a prior hearing, if the applicant makes a
false statement in the application or has been convicted of a felony and has
not had all his or her civil rights restored pursuant to law, and any weapons
permit issued shall stand suspended at the same time as the suspension of the
license or registration. Upon request, the licensee or registrant shall be
entitled to a hearing on such matter subsequent to the suspension. |
| (1) |
A permit to carry a firearm in a
concealed manner may be issued by the Board, in its discretion, upon being
satisfied of the applicant's character, competency, and eligibility, only if
all of the following requirements are met:
| (a) |
The application is accompanied by a sworn
statement from the employer, describing the duties of the applicant and the
need to carry the firearm in a concealed manner, together with detailed and
complete justification for such request. Any license holder found to have
intentionally misrepresented to the Board facts in support of the application
for a concealed weapons permit shall be subject to disciplinary action by the
Board up to and including revocation of license. |
| (b) |
The Board has received all documents and
fees required by the licensing laws of this chapter and has received
satisfactory reports on the background investigations on the applicant through
the system of identification of the Georgia Bureau of Investigation (GCIC) and
the Federal Bureau of Investigation (NCIC). |
|
| (2) |
The Board shall be authorized to suspend
any license or registration without a prior hearing, if the applicant makes a
false statement in the application or has been convicted of a felony and has
not had all his or her civil rights restored pursuant to law, and any weapons
permit issued shall stand suspended at the same time as the suspension of the
license or registration. Upon request, the licensee or registrant shall be
entitled to a hearing on such matter subsequent to the suspension. |
| (1) |
In order for a non-examination
application to be considered at a forthcoming Board meeting, the application,
properly completed, and all supporting documentation, forms, and fees must be
submitted at least 10 days prior to the scheduled Board meeting. |
| (2) |
All documentation of experience,
including verification of licensure, must be original documents or notarized
copies of the original documents. |
| (1) |
Upon receipt of an application for
employee registration that indicates a prior criminal record, the Board may
register such employee who has previously been convicted of a misdemeanor
provided that:
| (a) |
The criminal record does
not show evidence of disregard for the law, which may be cause for the Board to
deny any application for registration and/or permit to carry
firearms. |
|
| (2) |
Any felony
conviction may be cause for the Board to reject an application for employee
registration and/or weapon permit. However, the Board may inquire into the
nature of the crime, the date of conviction or plea, and other underlying facts
and circumstances surrounding such criminal conviction and, in its discretion,
may allow the employee to be registered. |
| (3) |
Under no circumstances shall the Board
issue an exposed or concealed weapon permit to any applicant who has been
convicted of a felony without first having been provided with proof of a pardon
or restoration of civil rights which specifically states the restoration of the
right to carry firearms. |
For compliance with the Armored Car Industry Reciprocity Act of
1993, affected licensees may elect to have yearly criminal background checks.
Affected licensees shall request the appropriate fingerprint cards from the
Board's office. It shall be the responsibility of the licensees to pay all
costs involved for the criminal history check. The results of the background
check must be received in the Board's office no later than December 31st
annually.
| (1) |
As used in this rule, the following terms
shall mean:
| a) |
"Board" means the Georgia Board
of Private Detective and Security Agencies |
| b) |
"License" means any license issued by the
Georgia Board of Private Detective and Security Agencies. |
| c) |
"Military" means the United States armed
forces, including the National Guard. |
| d) |
"Military spouse" means a spouse of a
service member or transitioning service member. |
| e) |
"Service member" means an active or
reserve member of the armed forces, including the National Guard. |
| f) |
"Transitioning service member" means a
member of the military on active duty status or on separation leave who is
within 24 months of retirement or 12 months of separation. |
|
| (2) |
Effective July 1, 2017, military spouses
and transitioning service members may qualify for expedited processing of the
license application by showing that the applicant is a military spouse or
transitioning service member and that the applicant has paid the fee and meets
the requirements for a license under the law and rules for the type of license
for which the applicant has applied. |
