Rule 515-8-1-.05 - Duties of Users of Service Observing Equipment(1) Except as provided herein, it shall be the duty and obligation of any licensed user of service observing equipment to prominently display on every telephone instrument subject to service observing a notification to such effect. Said notification shall be in the form of official gummed labels which will be issued by the Commission at the time a license is issued. Failure to prominently display the notification at all times shall be cause for revocation of the license. Holders of licenses for service observing equipment issued prior to the effective date of this Rule shall within thirty (30) days from said effective date obtain the requisite number of labels from the Commission and affix the same to those instruments which are subject to service observing. If an employee or independent contractor of a holder of the license is in a work-from-home arrangement and subject to monitoring via service observing equipment, the holder of the license shall obtain from each such person a signed acknowledgement that states as follows: "I acknowledge that the device(s) I use for work-related communications are subject to service observing."
The signed acknowledgement form should be obtained from such person by the first day of the work-from-home arrangement and thereafter by the first business day in January in each subsequent year and shall be retained by the holder of the license for a period of not less than five years.
(2) It shall be the duty and obligation of any licensed user of Service Observing equipment to promptly notify the Commission of any changes in the status of its certification. Such changes may include, but are not limited to: the discontinuance of the use of such equipment, changes in the specified list of telephone numbers subject to service observing, changes in the firm name or address and so forth.(3) Provisions regarding the recording of telephone conversations are contained in the applicable state and federal statutes. The Georgia Public Service Commission has no rules governing the recording of telephone conversations.(4) A violation of any of the provisions of this Rule shall be a violation of Part 1 of Article 3 of Chapter 11 of Title 16 of the Georgia Code.Ga. Comp. R. & Regs. R. 515-8-1-.05
Ga. L. 1967, p. 844-1968, pp. 1249, 1331; Sec. 26-3005, 1991, pp. 1040-1042; O.C.G.A. § 16-11-65.
Original Rule was filed on December 29, 1975; effective January 1, 1976, as specified by Ga. L. 1975, p. 411.Repealed: New Rule same title, adopted. F. Jul. 24, 1992; eff. Aug. 13, 1992.Amended: F. Aug. 26, 2021; eff. Sept. 15, 2021.Amended: (Note: Rule amended to only cite title change (i.e., no change to the Rule text) from "Mutual Duties of Users of Service Observing Equipment and Telephone Company Issuing Telephone Directories" to "Duties of Users of Service Observing Equipment" as promulgated and adopted on Aug. 17, 2021, but inadvertently omitted in Aug. 26, 2021 filing, as specified by the Agency.) F. Oct. 25, 2021; eff. Nov. 14, 2021.