In the event the Department is unable to obtain classifiable electronically recorded fingerprints from an applicant for reasons that are beyond the applicant's control, the Department may conduct a background investigation of such applicant utilizing the CJIS Name Search procedures authorized by the Federal Bureau of Investigations and the Georgia Bureau of Investigations.
Ga. Comp. R. & Regs. R. 375-5-1-.23
O.C.G.A. § 40-16-5.