Rule 80-12-4-.05 - Restrictions on Employment and Ownership(1) An MALPB shall not employ an individual that has been convicted of a felony in any jurisdiction. An MALPB shall not have a director, executive officer, or control person that has been convicted of a felony in any jurisdiction.(2) An MALPB shall not knowingly have a principal shareholder that has been convicted of a felony in any jurisdiction that involves a financial crime. A holding company of an MALPB or an affiliate of an MALPB shall not knowingly have an executive officer, director, control person, or principal shareholder that has been convicted of a felony in any jurisdiction that involves a financial crime.(3) As required by O.C.G.A. § 7-9-7(e), every applicant and MALPB must complete background checks on all employees. Background checks on all employees must be completed and found satisfactory by the applicant or MALPB prior to the initial date of hire. This provision does not apply to officers, directors, and control persons of applicants or MALPBs whose background has been investigated through the Department and approved by the Department before taking office, beginning employment, or securing ownership.(4) Applicant's and MALPB's requests for background checks are handled by the Georgia Crime Information Center ("GCIC"). Background checks must be full GCIC checks following that agency's rules and regulations and must not have any time period limitations or restrictions in the search criteria. Any fees charged by GCIC for processing background checks must be paid by the applicant or MALPB. The background checks may be arranged through a local law enforcement office, so long as the background check is conducted by GCIC. (a) If the information from the background check is unclear or incomplete, appears to address or makes reference to a felony conviction, or indicates that the employee has a criminal record in any state other than Georgia ("multi-source offender"), the applicant or MALPB must immediately submit two sets of fingerprints of the person, along with the applicable processing fee and any additional information the Department may require to complete an expanded background investigation. Payment, in the amount and form directed by the Department, shall be submitted with the cards in order to have the cards processed. Applicants and MALPBs shall discuss the Act's legal requirements for employment with the subject employee.(b) An employee may remain employed by the applicant or MALPB pending results of a fingerprint follow up investigation if no felony convictions appear on the GCIC report. If the employee is found to have disqualifying conviction data according to O.C.G.A. § 7-9-7, or if the applicant or licensee knows that a disqualifying conviction is present, the applicant or MALPB must immediately take action to comply with O.C.G.A. § 7-9-7.Ga. Comp. R. & Regs. R. 80-12-4-.05
O.C.G.A. §§ 7-9-3, 7-9-13.
Original Rule entitled "Restrictions on Employment and Ownership" adopted. F. Dec. 3, 2013; eff. Dec. 23, 2013.Amended: F. June 15, 2015; eff. July 5, 2015.