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. |
