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
(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
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.
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
(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.
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.
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:
complete name and post office address of the party filing the
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
5. The name and post office
address of counsel, if the party filing the request is represented by
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
(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. §
have been violated, the Director or the GCIC Council may refer the matter to
the appropriate prosecuting authority.
Ga. Comp. R. & Regs. R. 140-1-.05
Original Rule entitled
"Approval and Disciplinary Procedures" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
New Rule of same title adopted. F. Jan. 7,
1983; eff. Feb. 1, 1983, as specified by the Agency.
New Rule of same title adopted. F. Sept. 6,
1984; eff. Oct. 8, 1984, as specified by the Agency.
New Rule of same title adopted. F. July 2,
1986; eff. July 22, 1986.
New Rule of same title adopted. F. Nov. 7,
1990; eff. Nov. 27, 1990.
New Rule of same title adopted. F. Mar. 4,
1998; eff. Mar. 24, 1998.
F. Sept. 5, 2002; eff.
Sept. 25, 2002.
Repealed: New Rule of same title adopted. F.
Sept. 25, 2007, eff.
Oct. 15, 2007.