Ga. Comp. R. & Regs. R. 140-1-.05 - Approval and Disciplinary Procedures

Current through Rules and Regulations filed through April 4, 2022

(1) Information exchange and service from GCIC. Persons and agencies shall exchange information and receive service from GCIC only when approved by the Director. GCIC shall not provide any service or exchange any information unless the Director finds:

(a) The person or agency is permitted by Georgia law and these Rules to exchange information or receive service

(b) There is no significant danger that the person or agency will use the information or service in a manner that would violate Georgia law, these Rules or applicable federal law or rules.

(2) Notification and resolution of violations. When the Director determines that any law, Rule, regulation or policy of the GCIC Council concerning criminal justice information was violated, is being violated or about to be violated, he shall immediately advise the person or responsible agency head of the existence and nature of such violation. If possible, the Director and concerned parties should agree on a mutually satisfactory resolution, which is documented and signed. Upon review and approval by the GCIC Council, the resolution will be the final disposition of the matter. If the GCIC Council requires modification of the agreement and the concerned parties accept the modification, it shall be the final disposition of the matter. Suspension proceedings are possible when there is failure to agree on a resolution that is satisfactory to the GCIC Council and concerned parties.

(3) Suspension. If an agreement satisfactory to the Director and concerned parties cannot be reached within 45 days of the initial notification of violation the Director may, at his discretion, cause any or all services rendered by GCIC to be suspended. In such cases, the Director shall notify the Chairman of the GCIC Council; however, suspension shall be immediate when major violations exist.

(4) Reinstatement. Upon petition of concerned parties that have had any service suspended the Director may, at his discretion, reinstate full or partial service pending a final decision by the Council, if he finds that reinstatement will not create a significant danger of future violations.

(5) Contested cases. Hearings and appeals regarding refusals by the Director to exchange information or provide services or regarding any disciplinary measure taken by the Director or the GCIC Council pursuant to this Rule shall be conducted pursuant to the Georgia Administrative Procedure Act and the following.

(a) Initiating a contested case. Any person or agency legally entitled to contest a refusal to exchange information, or provide services or to contest any disciplinary measure under this Rule may do so by filing a request for hearing with the Director, which shall include:

1. The complete name and post office address of the party filing the request.

2. The name and post office address of all other interested parties.

3. A detailed statement of the facts upon which the GCIC action is contested.

4. A statement describing the relief sought.

5. The name and post office address of counsel, if the party filing the request is represented by counsel.

(b) Limitations on right to a hearing. A hearing to contest the imposition of a disciplinary measure will be granted as a matter of right only if it is filed within 30 days of the imposition of the action. A hearing upon a refusal to exchange information or provide services upon a request for reinstatement of suspended services shall be granted as a matter of right at any time while service is partially or wholly suspended. A petition for such a hearing may be denied only when the petition presents no substantial grounds that have not been previously presented. The Council may, at its discretion, allow extensions of time and amendment of requests for good cause.

(c) Responses to requests for hearing. The GCIC Council will respond to all requests for hearings with scheduling notices or orders denying requests and reasons for denials.

(d) Motions. Any application to the Director or the GCIC Council to enter any order or to take any action, after filing a request for hearing, shall be made by motion that, unless made during the hearing, shall be in writing stating the specific grounds therefore and set forth the action or order sought. No motion shall be ruled upon except when the case-in-chief is ruled upon, unless the moving party specifically requests a ruling at some other time and the Council deems such ruling appropriate.

(e) Hearings. Three members of the GCIC Council appointed by the Chairman or his designee shall conduct hearings in contested cases. Following each hearing, Council members shall notify the Director and each interested party of their findings. Each party shall have 20 days following the notification to file written exceptions and briefs. At the next scheduled meeting of the GCIC Council, the Director and all concerned parties shall have an opportunity to present oral arguments. The Council shall then render a final decision.

(6) Notwithstanding anything previously stated, if it appears that the provisions of O.C.G.A. § 35-3-38 have been violated, the Director or the GCIC Council may refer the matter to the appropriate prosecuting authority.

Notes

Ga. Comp. R. & Regs. R. 140-1-.05

O.C.G.A. Secs. 35-3-32; 35-3-33; 42 U.S.C. 3771; 28 CFR 20.21.

Original Rule entitled "Approval and Disciplinary Procedures" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976. Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency. Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency. Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986. Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990. Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998. Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002. Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.