Rule 539-1-.18 - Preliminary Decisions Regarding Prior Criminal Convictions or Disciplinary Actions(1) The Official Code of Georgia Annotated Section 43-39A-14 provides in part that the Board may deny a classification to an applicant who has a prior criminal conviction(s) or a disciplinary action(s) imposed by any occupational licensing body. An applicant for classification is a person who has met all experience, education, and examination requirements for the classification sought.(2) Because of the time and expense involved in becoming an applicant for classification, the Board affords an individual who has not yet become an applicant the opportunity to request that the Board make a preliminary decision on the conviction(s) or the prior disciplinary action(s) before the individual takes the required education and examination for classification. The purpose of a preliminary decision is merely to provide advisory guidance. Preliminary decisions are not binding. However, the Board may elect to allow a favorable preliminary decision to become its final decision without further investigation or hearing when the individual becomes an applicant for classification.(3) An individual seeking a preliminary decision must submit to the Board a certified copy of any indictment and conviction or a disciplinary action imposed by another licensing regulatory authority. An individual seeking a preliminary decision may also provide the Board with any additional information that the individual believes may assist the Board in rendering a preliminary decision.(4) A preliminary decision by the Board that is unfavorable to the individual shall not prevent the individual from becoming an applicant for classification by successfully completing all education, experience, and examination requirements for the classification. Whenever the Board denies a classification based on a prior conviction or prior disciplinary action, it must provide the applicant the opportunity for notice and a hearing.Ga. Comp. R. & Regs. R. 539-1-.18
Authority O.C.G.A. Secs. 43-39A-3, 43-39A-13, 43-39A-14.
Original Rule entitled "Preliminary Decisions Regarding Prior Criminal Convictions or Disciplinary Sanctions" adopted. F. Jan. 15, 1997; eff. Feb. 4, 1997.Amended: F. Jan. 24, 2014; eff. Feb. 15, 2014, as specified by the Agency.