Ga. Comp. R. & Regs. R. 80-11-4-.08 - Restrictions on Employment and Licensing
(1)
No person who has been an officer, director, partner or ultimate equitable
owner of a licensee that has had its license revoked, denied or suspended, may
perform any of those roles at another licensee for five years from the date of
the final order.
(2) Felony
convictions; restrictions on the employee and the licensee:
(a) Licensees are responsible for ensuring
that no covered employees or individuals that direct the affairs of their
business are convicted felons.
(b)
O.C.G.A. 7-1-1004 provides for remedies to
"cure" a felony conviction. These remedies must be completed and in place prior
to employment. Hiring or continuing to employ a covered employee with an
unremedied felony conviction subjects a licensee to revocation of its
license.
(c) If a licensee
discovers that a covered employee or director/officer is a felon at the time of
hire or subsequently becomes a felon and has not satisfactorily "cured" the
conviction, the violation of O.C.G.A. §
7-1-1004 must be immediately
corrected or the license will be subject to revocation. Such individuals with
felony convictions are ineligible for an employee exemption and are in
violation of O.C.G.A. §
7-1-1019, also a felony, and
O.C.G.A. §§
7-1-1004 and
7-1-1002. The licensee employer is
in violation of O.C.G.A. §§
7-1-1004 and
7-1-1002.
(d) A cease and desist order to a person for
failure to meet the employee exemption due to a violation of the felony
provisions of O.C.G.A. §
7-1-1004 shall become final in 30
days without a hearing. Such a person must show within those 30 days, by
certified court documents that the record is erroneous, or, that the "cure"
provisions in O.C.G.A. §
7-1-1004 were completed prior to
employment, in order to stop the order from becoming final. In the event such
proof is provided, the order will be rescinded.
(3) Cease and desist orders may be issued
against persons required to be licensees or against employees of licensees. All
of the provisions of O.C.G.A. §
7-1-1018, including injunction,
apply to actions against all such persons.
(4) The Department may regularly publish
information identifying persons and natural persons to whom final
administrative actions have been issued.
Notes
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