Rule 120-3-10-.04 - Administrative Action by Commissioner and Hearings(1) Any license, or competency certificate may be refused or a license or competency certificate duly issued may be suspended or revoked, if the Commissioner finds that the applicant for or the holder of the license or competency certificate: (a) Has violated any provision of Chapter 8 of Title 25 of the Official Code of Georgia Annotated, or any other law or regulation of this state, or any federal law or regulation relating to the manufacture, purchase, use, handling, storage, sale or transportation of explosives or blasting agents;(b) Has intentionally misrepresented or concealed any material fact in any application for a license, competency certificate or on any form filed with or submitted to the Commissioner or the State Fire Marshal;(c) Has permitted any person employed by the license or competency certificate applicant or holder, either by direct instruction or by reasonable implication, to violate any provision of Chapter 8 of Title 25 of the Official Code of Georgia Annotated;(d) Has failed to comply with or has violated any order issued by the Commissioner;(e) Has shown a lack of trustworthiness or a lack of competence to act as a licensee or competency certificate holder under Chapter 8 of Title 25 of the Official Code of Georgia Annotated;(f) Has failed to provide documentation or records, or refused to appear in response to any Order entered by the Commissioner or any written demand by the Commissioner, State Fire Marshal or his or her designated representative sent by registered or certified mail or statutory overnight delivery to the last known address of the applicant or holder of a license as shown in the records of the State Fire Marshal;(g) Has been convicted of a felony, or has an officer, director or owner of the applicant for, or holder of, such license or competency certificate who has been convicted of a felony by a final judgment in any jurisdiction of the United States or in any federal court;(h) Has had a license, competency certificate or other authority to engage in the manufacture, sale, storage, use or transportation of explosives or blasting agents, refused, revoked, suspended or otherwise disciplined, by any lawful licensing authority of any other jurisdiction or by the United States; or,(i) Has experienced any event or occurrence involving the manufacture, sale, storage, use or transportation of explosives or blasting agents, resulting in unintended loss or damage to property or resulting in severe bodily injury or loss of life.(2) A license or competency certificate which is subject to refusal, suspension or revocation may be issued or placed on probation for a period of not less than three months and not longer than 12 months and shall be subject to immediate revocation for cause at any time without a hearing. Any order of probation shall prescribe the terms of probation.(3) The Commissioner may impose a monetary fine of up to $1,000.00 against the holder of a license or a competency certificate for each and every violation of a provision of Chapter 8 of Title 25 of the Official Code of Georgia Annotated, any of these rules or regulations or any order of the Commissioner.(4) Any order entered by the Commissioner regarding the refusal, suspension, revocation, or the issuance or placing on probation of any license or competency certificate applicant or holder, or imposing a monetary fine, and any hearing which may result from the same, shall conform insofar as possible to the following: (a) Any order of the Commissioner refusing, suspending or revoking a license or competency certificate to any applicant or holder, or issuing or placing any license or competency certificate on probation, shall be issued in writing and be signed by the Commissioner and shall state its effective date, shall state concisely its intent and purpose, the grounds on which it is based and the provisions of Title 25 of the Official Code of Georgia Annotated or any rule or regulation of the Commissioner upon which it is to be taken;(b) Any order or notice may be served by delivery to the license or competency certificate holder or applicant by delivery in person or by mailing it, postage prepaid, by registered or certified mail or statutory overnight delivery to the principal place of business or the last known address of the applicant for or holder of a license or competency certificate as shown in the records of the State Fire Marshal;(c) Any person aggrieved by any order of the Commissioner refusing, suspending or revoking a license or competency certificate for any applicant or holder, or issuing or placing any license or competency certificate on probation, or imposing a monetary fine, may make a written demand for a hearing if made within ten days of the date of its receipt;(d) Any demand for a hearing shall specify in what respects the person requesting the same is aggrieved and the grounds to be relied upon as a basis for the relief to be demanded at the hearing. Unless postponed by mutual consent or by request and for good cause shown, the hearing shall be held within 30 days after receipt by the Commissioner for such hearing;(e) Pending the hearing and decision following the hearing, the Commissioner may suspend or postpone the effective date of his or her previous action;(f) The hearing shall be held at the place designated by the Commissioner and shall be open to the public. Not less than ten days in advance, the Commissioner shall give notice of the time and place of the hearing;(g) The Commissioner shall allow any party to the hearing to appear in person or by counsel, to be present during the giving of all evidence, to examine witnesses, to present evidence in support of their own interest and to have subpoenas issued by the Commissioner;(h) Formal rules of pleading or evidence need not be observed at any hearing;(i) Upon written request seasonably made by any party to the hearing, and at their expense, the Commissioner shall cause a full record of the proceedings to be made. If transcribed a copy of such record shall be furnished to the Commissioner without cost to the Commissioner or the state and shall be a part of the Commissioner's record of the hearing;(j) Within 30 days after termination of the hearing or the transcription and furnishing of a copy of the record of such hearing to the Commissioner, if a record is requested, the Commissioner shall make his or her order thereon covering matters involved in the hearing and shall provide a copy of the order to those persons given notice of the hearing;(k) The order shall contain a concise statement of the facts as found by the Commissioner, a concise statement of his or her conclusions therefrom, and the effective date of the order, which may affirm, modify or nullify the action theretofore taken; and,(l) Any party to the hearing may appeal any order of the Commissioner as provided for by the provisions of Section 25-2-10 of the Official Code of Georgia Annotated.Ga. Comp. R. & Regs. R. 120-3-10-.04
O.C.G.A. §§ 25-2-4, 25-2-17, 25-8-9, 25-8-11.
Original Rule entitled "Special Provisions"adopted. F. Jan. 29, 1968; eff. Apr. 1, 1968, as specified by the Agency.Repealed: New Rule of same title adopted. F. June 3, 1987; eff. June 25, 1987, as specified by the Agency.Repealed: New Rule of same title adopted. F. July 9, 1998; eff. July 29, 1998.Repealed: New Rule of same title adopted. F. Apr. 17, 2002; eff. May 7, 2002.Amended: ER. 120-3-10-0.4-.04 adopted. F. and eff. Feb. 17, 2006.Amended: ER. 120-3-10-0.5-.04 adopted. F. and eff. June 8, 2006.Amended: Permanent Rule entitled "Administrative Action by Commissioner and Hearings"adopted. F. Nov. 1, 2006; eff. Nov. 21, 2006Amended: F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.