Georgia Senate Bill SB157 Comm Sub / Bill

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The Senate Committee on Judiciary offered the following 
substitute to SB 157:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 20, 26, 31, 33, and 43 of the Official Code of Georgia Annotated, relating1
to education, food, drugs, and cosmetics, health, insurance, and professions and businesses,2
respectively, so as to create a preclearance process in the licensing of individuals with3
criminal records who make an application to or are investigated by certain licensing boards4
and commissions; to provide for definitions; to require certain licensing authorities to provide5
evidence to support adverse licensing decisions based on criminal convictions; to require a6
hearing prior to denying certain applicants on the basis of an individual's criminal record; to7
establish findings that shall be made and evidence that shall and shall not be considered prior8
to refusing to grant certain licenses based on certain criminal convictions; to allow an9
applicant to submit his or her own criminal record when applying for certain licenses; to10
provide for reapplication for licensure; to authorize and provide a process and requirements11
for predetermination decisions; to require certain licensure application information be12
included in certain applications and posted on a public website; to require certain annual13
reports concerning certain applications, predeterminations, and conviction records be filed14
with the Secretary of State; to provide for related matters; to provide for an effective date and15
applicability; to repeal conflicting laws; and for other purposes.16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 23 LC 36 5513S
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PART I18
SECTION 1-1.19
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,20
is amended by revising Code Section 43-1-1, relating to definitions, as follows:21
"43-1-1.22
As used in this title, the term:23
(1)  'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of24
whether an appeal of such finding, verdict, or plea has been sought.25
(2)  'Covered misdemeanor' shall mean any:26
(A)  Misdemeanor conviction in the five years prior to the submission of the licensing27
application; and28
(B)  Misdemeanor conviction listed in subparagraph (j)(4)(B) of Code Section 35-3-37,29
irrespective of the date of such conviction.30
(1)(3) 'Division' means the professional licensing boards division created under Code31
Section 43-1-2.32
(2)(4) 'Division director' means the individual appointed by the Secretary of State as33
director of the professional licensing boards division within the office of the Secretary34
of State.35
(5)  'Felony' means any offense which, if committed in this state, would be deemed a36
felony, without regard to its designation elsewhere.37
(3)(6) 'Professional licensing board' means any board, bureau, commission, or other38
agency of the executive branch of state government which is created for the purpose of39
licensing or otherwise regulating or controlling any profession, business, or trade and40
which is placed by law under the jurisdiction of the division director of the professional41
licensing boards division within the office of the Secretary of State."42 23 LC 36 5513S
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SECTION 1-2.43
Said title is further amended in Code Section 43-1-19, relating to a professional licensing44
board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and45
probationary licenses, by revising subsection (a) as follows:46
"(a)  A professional licensing board shall have the authority to refuse to grant a license to47
an applicant therefor or to revoke the license of a person licensed by that board or to48
discipline a person licensed by that board, upon a finding by a majority of the entire board49
that the licensee or applicant has:50
(1)  Failed to demonstrate the qualifications or standards for a license contained in this51
Code section, or under the laws, rules, or regulations under which licensure is sought or52
held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the53
board that he or she meets all the requirements for the issuance of a license, and, if the54
board is not satisfied as to the applicant's qualifications, it may deny a license without a55
prior hearing; provided, however, that the applicant shall be allowed to appear before the56
board if he or she so desires;57
(2)  Knowingly made misleading, deceptive, untrue, or fraudulent representations in the58
practice of a business or profession licensed under this title or on any document59
connected therewith; practiced fraud or deceit or intentionally made any false statement60
in obtaining a license to practice the licensed business or profession; or made a false61
statement or deceptive registration with the board;62
(3)  Been convicted of any a directly related felony or a directly related covered63
misdemeanor or of any crime involving moral turpitude in the courts of this state or any64
other state, territory, or country or in the courts of the United States; as used in this65
paragraph, paragraph (4) of this subsection, and subsection (q) of this Code section, the66
term 'felony' shall include any offense which, if committed in this state, would be deemed67
a felony, without regard to its designation elsewhere; and, as used in this paragraph and68
subsection (q) of this Code section, the term 'conviction' shall include a finding or verdict69 23 LC 36 5513S
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of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been70
sought;.  The professional licensing board shall have the burden of justifying by clear and71
convincing evidence that a conviction supports an adverse licensing decision.  Before the72
professional licensing board may deny an applicant a license due to his or her criminal73
record, such applicant shall be entitled to a hearing before the professional licensing74
board in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure75
Act';76
(4)(A)  Been arrested, charged, and sentenced for the commission of any felony, or any77
crime involving moral turpitude, when:78
(i)  A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of79
Title 42 or another state's first offender laws;80
(ii)  A sentence for such offense was imposed pursuant to subsection (a) or (c) of81
Code Section 16-13-2;82
(iii)  A sentence for such offense was imposed as a result of a plea of nolo contendere;83
or84
(iv)  An adjudication of guilt or sentence was otherwise withheld or not entered on the85
charge.86
(B)  An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2, Article87
3 of Chapter 8 of Title 42, or another state's first offender treatment order shall be88
conclusive evidence of an arrest and sentencing for such offense;89
(5)(4) Had his or her license to practice a business or profession licensed under this title90
revoked, suspended, or annulled by any lawful licensing authority other than the board;91
had other disciplinary action taken against him or her by any such lawful licensing92
authority other than the board; was denied a license by any such lawful licensing93
authority other than the board, pursuant to disciplinary proceedings; or was refused the94
renewal of a license by any such lawful licensing authority other than the board, pursuant95
to disciplinary proceedings;96 23 LC 36 5513S
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(6)(5) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious97
conduct or practice harmful to the public that materially affects the fitness of the licensee98
or applicant to practice a business or profession licensed under this title or is of a nature99
likely to jeopardize the interest of the public; such conduct or practice need not have100
resulted in actual injury to any person or but must be directly related to the practice of the101
licensed business or profession but shows and show that the licensee or applicant has102
committed any act or omission which is indicative of bad moral character or103
untrustworthiness and which makes the licensee or applicant currently likely to harm the104
public.  Such conduct or practice shall also include any departure from, or the failure to105
conform to, the minimal reasonable standards of acceptable and prevailing practice of the106
business or profession licensed under this title;107
(7)(6) Knowingly performed any act which in any way aids, assists, procures, advises,108
or encourages any unlicensed person or any licensee whose license has been suspended109
or revoked by a professional licensing board to practice a business or profession licensed110
under this title or to practice outside the scope of any disciplinary limitation placed upon111
the licensee by the board;112
(8)(7) Violated a statute, law, or any rule or regulation of this state, any other state, the113
professional licensing board regulating the business or profession licensed under this title,114
the United States, or any other lawful authority without regard to whether the violation115
is criminally punishable when such statute, law, or rule or regulation relates to or in part116
regulates the practice of a business or profession licensed under this title and when the117
licensee or applicant knows or should know that such action violates such statute, law,118
or rule; or violated a lawful order of the board previously entered by the board in a119
disciplinary hearing, consent decree, or license reinstatement;120
(9)(8) Been adjudged mentally incompetent by a court of competent jurisdiction within121
or outside this state; any such adjudication shall automatically suspend the license of any122 23 LC 36 5513S
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such person and shall prevent the reissuance or renewal of any license so suspended for123
so long as the adjudication of incompetence is in effect;124
(10)(9) Displayed an inability to practice a business or profession licensed under this title125
with reasonable skill and safety to the public or has become unable to practice the126
licensed business or profession with reasonable skill and safety to the public by reason127
of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material;128
or129
(11)(10) Failed to comply with an order for child support as defined by Code Section130
19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of131
release to the board from the child support agency within the Department of Human132
Services indicating that the applicant or licensee has come into compliance with an order133
for child support so that a license may be issued or granted if all other conditions for134
licensure are met."135
SECTION 1-3.136
Said title is further amended in Code Section 43-1-19, relating to a professional licensing137
board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and138
probationary licenses, by revising subsection (j) as follows:139
"(j)  Neither the issuance of a private reprimand nor the denial of a license by reciprocity140
nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a141
previously denied license shall be considered to be a contested case within the meaning of142
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing143
within the meaning of such chapter shall not be required, but the applicant or licensee shall144
be allowed to appear before the board if he or she so requests.  A board may resolve a145
pending action by the issuance of a letter of concern.  Such letter shall not be considered146
a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be147
disclosed to any person except the licensee or applicant."148 23 LC 36 5513S
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SECTION 1-4.149
Said title is further amended in Code Section 43-1-19, relating to a professional licensing150
board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and151
probationary licenses, by revising subsection (q) as follows:152
"(q)(1)  Notwithstanding paragraphs paragraph (3) and (4) of subsection (a) of this Code153
section or any other provision of law, and unless the professional licensing board shall154
refuse to grant a license to an individual or shall revoke a license only if a felony or crime155
involving moral turpitude covered misdemeanor directly relates to the occupation for156
which the license is sought or held and granting the license would pose a direct and157
substantial risk to public safety because the individual has not been rehabilitated to safely158
perform the duties and responsibilities of such occupation, after considering the criteria159
in paragraph (2) of this subsection.  Without finding a direct and substantial risk to public160
safety and a direct relationship between the conviction and the licensed occupation, no161
professional licensing board shall refuse to grant a license to an applicant therefor or shall162
revoke the license of an individual licensed by that board due solely or in part to such163
applicant's or licensee's:164
(A)  Conviction of any felony or any crime involving moral turpitude covered165
misdemeanor, whether it occurred in the courts of this state or any other state, territory,166
or country or in the courts of the United States;167
(B)  Arrest, charge, and sentence for the commission of such offense;168
(C)  Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another169
state's first offender laws;170
(D)  Sentence for such offense pursuant to subsection (a) or (c) of Code Section171
16-13-2;172
(E)  Sentence for such offense as a result of a plea of nolo contendere;173
(F)  Adjudication of guilt or sentence was otherwise withheld or not entered; or174 23 LC 36 5513S
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(G)  Being under supervision by a community supervision officer, as such term is175
defined in Code Section 42-3-1, for a conviction of any felony or any crime involving176
moral turpitude covered misdemeanor, whether it occurred in the courts of this state or177
any other state, territory, or country or in the courts of the United States, so long as such178
individual was not convicted of a felony violation of Chapter 5 of Title 16 nor179
convicted of a crime requiring registration on the state sexual offender registry.180
(2)  In determining if a felony or crime involving moral turpitude covered misdemeanor181
directly relates to the occupation for which the license is sought or held, the professional182
licensing board shall consider:183
(A)  The nature and seriousness of such felony or crime involving moral turpitude184
covered misdemeanor and the direct relationship of such felony or crime involving185
moral turpitude the criminal conduct to the duties and responsibilities of the occupation186
for which the license is sought or held;187
(B)  The age of the individual at the time such felony or crime involving moral188
turpitude covered misdemeanor was committed;189
(C)  The length of time elapsed since such felony or crime involving moral turpitude190
covered misdemeanor was committed;191
(D)  All circumstances relative to such felony or crime involving moral turpitude192
covered misdemeanor, including, but not limited to, mitigating circumstances or social193
conditions surrounding the commission of such felony or crime involving moral194
turpitude covered misdemeanor; and195
(E)  Evidence of rehabilitation and present fitness to perform the duties of the196
occupation for which the license is sought or held., including, but not limited to:197
(i)  The completion of the criminal sentence;198
(ii)  A program and treatment certificate issued by the Board of Corrections;199
(iii)  Completion of, or active participation in, a rehabilitative drug or alcohol200
treatment program;201 23 LC 36 5513S
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(iv)  Testimonials and recommendations, which may include a progress report from202
the individual's probation or parole officer;203
(v)  Education and training;204
(vi)  Employment history;205
(vii)  Employment aspirations;206
(viii)  The individual's current family or community responsibilities, or both;207
(ix)  Whether a bond is required to practice the occupation;208
(x)  Any affidavits or other written documents, including, but not limited to, character209
references; and210
(xi)  Any other information regarding rehabilitation the individual submits to the211
board.212
(3)  In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or213
otherwise withhold a license, the professional licensing board shall not consider nor214
require an individual to disclose:215
(A)  A deferred adjudication, first offender treatment, participation in a diversion216
program, a conditional discharge, or an arrest not followed by a conviction;217
(B)  A conviction for which no sentence of incarceration can be imposed;218
(C)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or219
pardoned;220
(D)  A juvenile adjudication;221
(E)  A misdemeanor conviction older than five years, unless the offense of conviction222
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or223
(F)  A conviction older than five years for which the individual was not incarcerated,224
or a conviction for which the individual's incarceration ended more than five years225
before the date of the board's consideration, except for a felony conviction related to:226
(i)  A criminal sexual act;227
(ii)  Criminal fraud or embezzlement;228 23 LC 36 5513S
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(iii)  Aggravated assault;229
(iv)  Aggravated robbery;230
(v)  Aggravated abuse, neglect, or endangerment of a child;231
(vi)  Arson;232
(vii)  Carjacking;233
(viii)  Kidnapping; or234
(ix)  Manslaughter, homicide, or murder.235
(4)  Notwithstanding any other provision of law, no professional licensing board may236
apply a vague character standard to licensure decisions or predeterminations, including,237
but not limited to, 'good moral character,' 'moral turpitude,' or 'character and fitness.'238
(5)  Notwithstanding any other provision of law, a professional licensing board shall239
provide individualized consideration of an individual's criminal record and shall not240
automatically deny licensure on the basis of the individual's criminal record.241
(6)(A)  If an applicant's criminal record includes issues that will or may prevent the242
board from issuing a license to the applicant, the board shall notify the applicant, in243
writing, of the specific issues in sufficient time for the applicant to provide additional244
documentation supporting the application before the board's final decision to deny the245
application.  After receiving notice of any potential issue with licensure due to his or246
her criminal convictions, an applicant shall have 30 days to respond by correcting any247
inaccuracy in the criminal record or by submitting additional evidence of mitigation or248
rehabilitation for the board's consideration, or both.249
(B)  For the professional licensing board to deny a license on the basis of the applicant's250
criminal convictions, the board shall first provide an opportunity for a hearing for such251
applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative252
Procedure Act.'  The applicant shall have the opportunity at such hearing to present the253
written or oral testimony of character witnesses, including, but not limited to, family254
members, friends, prospective employers, probation or parole officers, and255 23 LC 36 5513S
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rehabilitation counselors.  The professional licensing board shall issue a decision within256
60 days of the complete submission of the issues for consideration or the hearing,257
whichever is later.258
(C)  The professional licensing board shall have the burden of justifying by clear and259
convincing evidence, after a hearing, that an applicant's criminal record supports any260
adverse licensing decision.  If the board denies an applicant a license by reason of the261
applicant's criminal record, the board shall:262
(i)  Make written findings specifying any of the applicant's convictions and the factors263
provided for in subparagraph (A) of paragraph (2) of this subsection the board264
deemed directly relevant and explaining the basis and rationale for the denial.  Such265
written findings shall be signed by the board's presiding officer and shall note the266
applicant's right to appeal and explain the applicant's ability to reapply.  No applicant267
shall be restricted from reapplying for licensure for more than two years from the date268
of the most recent application;269
(ii)  Provide or serve a signed copy of the written findings to the applicant within 60270
days of the denial; and271
(iii)  Retain a signed copy of the written findings for no less than five years.272
(D)  The denial of a license in part or in whole because of the applicant's criminal273
record shall constitute a contested case as defined in Code Section 50-13-2.  In an274
administrative hearing or civil action reviewing the denial of a license, the professional275
licensing board shall have the burden of proving that the applicant's criminal record276
directly relates to the occupation for which the license is sought.277
(7)(A)  Notwithstanding any other provision of law, an individual with a criminal278
record may petition a professional licensing board at any time, including while279
incarcerated and before starting or completing any required professional qualifications280
for licensure, for a predetermination as to whether such individual's criminal record will281
disqualify him or her from obtaining a license.282 23 LC 36 5513S
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(B)  The petition for predetermination shall include the individual's criminal record or283
authorize the board to obtain the individual's criminal record.  The petitioning284
individual need not disclose any offenses provided for in paragraph (3) of this285
subsection.  Such petition shall also include any information the petitioner chooses to286
submit concerning the circumstances of their record and their rehabilitation.287
(C)  In considering predetermination petitions, the professional licensing board shall288
apply the direct relationship standard provided for in paragraphs (1) and (2) of this289
subsection and shall not consider any offenses falling under paragraph (3) of this290
subsection.  The board shall support any adverse predetermination with clear and291
convincing evidence.292
(D)  A predetermination made under this subsection that a petitioner is eligible for a293
license shall be binding on the professional licensing board only if the petitioner applies294
for licensure, fulfills all other requirements for the occupational license, and the295
petitioner's submitted criminal record was correct and remains unchanged at the time296
of his or her application for a license.297
(E)  If a petitioner's criminal record includes matters that may disqualify the petitioner298
from licensure, the board shall notify the petitioner of the potentially disqualifying299
convictions.  The letter of concern shall advise the petitioner of their opportunity to300
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.301
(F)  The professional licensing board may predetermine that the petitioner's criminal302
record is likely grounds for denial of a license only after the board has held a hearing303
on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia304
Administrative Procedure Act.'  The hearing shall be held in person, by remote video,305
or by teleconference within 60 days of receipt of the predetermination petition.  The306
individual shall have the opportunity to offer written or oral testimony of character307
witnesses at the hearing, including but not limited to family members, friends, past or308
prospective employers, probation or parole officers, and rehabilitation counselors.  The309 23 LC 36 5513S
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professional licensing board shall not make an adverse inference by a petitioner's310
decision to forgo a hearing or character witnesses.  The board shall issue a final311
decision within 60 days of complete submission of the issue for consideration or the312
hearing, whichever is later.313
(G)  If the professional licensing board decides that a predetermination petitioner is314
ineligible for a license, the board shall notify the petitioner of the following:315
(i)  The grounds and rationale for the predetermination, including any of the316
petitioner's specific convictions and the factors provided for in subparagraph (A) of317
paragraph (2) of this subsection the board deemed directly relevant;318
(ii)  An explanation of the process and right to appeal the board's predetermination319
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';320
and321
(iii)  Any actions the petitioner may take to remedy the disqualification.  An322
individual who receives a predetermination of ineligibility may submit a revised323
petition reflecting completion of the remedial actions.  The individual may submit a324
new petition to the board not before one year following a final judgment on their325
initial petition or upon completing the remedial actions, whichever is earlier.326
(H)  The denial of a predetermination petition because of the applicant's criminal record327
shall constitute a contested case as defined in Code Section 50-13-2.  In an328
administrative hearing or civil action reviewing the denial of a predetermination329
petition, the professional licensing board shall have the burden of proving that the330
applicant's criminal record directly relates to the licensed occupation.331
(8)  Each professional licensing board shall include in its application for licensure and on332
its public website all of the following information:333
(A)  Whether the board requires applicants to consent to a criminal record check;334 23 LC 36 5513S
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(B)  The direct relationship standard provided for in paragraph (1) of this subsection335
and those factors provided for in paragraph (2) of this subsection that the board shall336
consider when making a determination of licensure;337
(C)  The criminal record disclosure provided for in paragraph (3) of this subsection;338
(D)  The appeals process pursuant to Chapter 13 of Title 50, the 'Georgia339
Administrative Procedure Act,' if the board denies or revokes licensure in whole or in340
part because of a criminal conviction; and341
(E)  The predetermination petition process, standards, and application, as well as the342
process for appealing an adverse predetermination pursuant to Chapter 13 of Title 50,343
the 'Georgia Administrative Procedure Act.'344
(9)  No later than March 31 each year, each occupational licensing board shall file with345
the Secretary of State an annual report containing information from the previous year as346
to:347
(A)  The number of applicants for a license and, of that number, the number of licenses348
granted;349
(B)  The number of applicants with a criminal record and, of that number, the number350
of licenses granted, denied a license for any reason, and denied due to a conviction or351
state supervision status;352
(C)  The number of predetermination petitioners and, of that number, the number353
deemed eligible for a license and the number deemed ineligible for a license;354
(D)  The racial and ethnic distribution of licensing applicants, including the racial and355
ethnic distribution of applicants with a criminal record; and356
(E)  The racial and ethnic distribution of licensing applicants with a criminal record357
granted a license, denied a license for any reason, and denied a license due to a358
conviction or state supervision status."359 23 LC 36 5513S
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SECTION 1-5.360
Said title is further amended by revising Code Section 43-1-27, relating to requirement that361
licensee notify licensing authority of felony conviction, as follows:362
"43-1-27.363
Any licensed individual who is convicted under the laws of this state, the United States, or364
any other state, territory, or country of a felony as defined in paragraph (3) of subsection365
(a) of Code Section 43-1-19 43-1-1 shall be required to notify the appropriate licensing366
authority of the conviction within ten days of the conviction. The failure of a licensed367
individual to notify the appropriate licensing authority of a conviction shall be considered368
grounds for revocation of his or her license, permit, registration, certification, or other369
authorization to conduct a licensed profession."370
PART II371
SECTION 2-1.372
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,373
is amended in Code Section 43-3-21, relating to revocation or refusal to grant or renew374
accountant's licenses, by revising paragraphs (3) and (4) of subsection (a) as follows:375
"(3)  Had been convicted of any directly related felony or crime involving moral turpitude376
directly related covered misdemeanor as defined in Code Section 43-1-1 in the courts of377
this state, any other state, a territory, or a country or in the courts of the United States.378
As used in this paragraph, the term:379
(A)  'Conviction' means and includes a finding or verdict of guilty or a plea of guilty,380
regardless of whether an appeal of the conviction has been sought;381
(B)  'Felony' means and includes any offense which, if committed in this state, would382
be deemed a felony, without regard to its designation elsewhere.383 23 LC 36 5513S
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(4)(A)  Had been arrested, charged, and sentenced for the commission of any felony or384
crime involving moral turpitude covered misdemeanor as defined in Code Section385
43-1-1 when:386
(i)  First offender treatment without adjudication of guilt pursuant to the charge was387
granted; or388
(ii)  An adjudication of guilt or sentence was otherwise withheld or not entered on the389
charge, except with respect to a plea of nolo contendere.390
(B)  An order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42391
or other first offender treatment shall be conclusive evidence of arrest and sentencing392
for such crime.393
(C)  As used in this paragraph, the term 'felony' shall include any offense which, if394
committed in this state, would be deemed a felony, without regard to its designation395
elsewhere;"396
SECTION 2-2.397
Said title is further amended by adding two new Code sections to read as follows:398
"43-3-21.1.399
(a)  Notwithstanding paragraphs (3) and (4) of subsection (a) of Code Section 43-3-21, the400
board of accountancy shall refuse to grant a license to an individual or shall revoke a401
license only if a conviction directly relates to the occupation for which the license is sought402
or held and granting the license would pose a direct and substantial risk to public safety403
because the individual has not been rehabilitated to safely perform the duties and404
responsibilities of the practice of public accountancy.  In determining if a conviction405
directly relates to the occupation for which the license is sought or held, the board of406
accountancy shall consider:407 23 LC 36 5513S
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(1)  The nature and seriousness of the offense and the direct relationship of the criminal408
conduct to the duties and responsibilities of the occupation for which the license is sought409
or held;410
(2)  The age of the individual at the time the offense was committed;411
(3)  The length of time elapsed since the offense was committed;412
(4)  All circumstances relative to the offense, including, but not limited to, mitigating413
circumstances or social conditions surrounding the commission of the offense; and414
(5)  Evidence of rehabilitation and present fitness to perform the duties of the occupation415
for which the license is sought or held, including, but not limited to:416
(A)  The completion of the criminal sentence;417
(B)  A program and treatment certificate issued by the Board of Corrections;418
(C)  Completion of, or active participation in, a rehabilitative drug or alcohol treatment419
program;420
(D)  Testimonials and recommendations, which may include a progress report from the421
individual's probation or parole officer;422
(E)  Education and training;423
(F)  Employment history;424
(G)  Employment aspirations;425
(H)  The individual's current family or community responsibilities, or both;426
(I)  Whether a bond is required to practice the occupation;427
(J)  Any affidavits or other written documents, including, but not limited to, character428
references; and429
(K)  Any other information regarding rehabilitation the individual submits to the board.430
(b)  In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or431
otherwise withhold a license due to criminal record, the accountancy board shall not432
consider nor require an individual to disclose:433 23 LC 36 5513S
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(1)  A deferred adjudication, first offender treatment, participation in a diversion434
program, a conditional discharge, or an arrest not followed by a conviction;435
(2)  A conviction for which no sentence of incarceration can be imposed;436
(3)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or437
pardoned;438
(4)  A juvenile adjudication;439
(5)  A misdemeanor conviction older than five years, unless the offense of conviction is440
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or441
(6)  A conviction older than five years for which the individual was not incarcerated, or442
a conviction for which the individual's incarceration ended more than five years before443
the date of the board's consideration, except for a felony conviction related to:444
(A)  A criminal sexual act;445
(B)  Criminal fraud or embezzlement;446
(C)  Aggravated assault;447
(D)  Aggravated robbery;448
(E)  Aggravated abuse, neglect, or endangerment of a child;449
(F)  Arson;450
(G)  Carjacking;451
(H)  Kidnapping; or452
(I)  Manslaughter, homicide, or murder.453
43-3-21.2.454
(a)  Notwithstanding any other provision of law, an individual with a criminal record may455
petition the accountancy board at any time, including while incarcerated and before starting456
or completing any required professional qualifications for licensure, for a predetermination457
as to whether the individual's criminal record will disqualify him or her from obtaining a458
license.459 23 LC 36 5513S
- 19 -
(b)  The petition for predetermination shall include the individual's criminal record or460
authorize the board to obtain the individual's criminal record.  The petitioning individual461
need not disclose any offenses falling under subsection (b) of Code Section 43-3-21.1.  The462
petition shall also include any information the petitioner chooses to submit concerning the463
circumstances of their record and their rehabilitation.464
(c)  In considering predetermination petitions, the board shall apply the direct relationship465
standard in subsection (a) of Code Section 43-3-21.1.  The board shall support any adverse466
predetermination with clear and convincing evidence.467
(d)  A predetermination made under this subsection that a petitioner is eligible for a license468
shall be binding on the board only if the petitioner applies for licensure, fulfills all other469
requirements for the licensure, and the petitioner's submitted criminal record was correct470
and remains unchanged at the time of his or her application for a license.471
(e)  If a petitioner's criminal record includes matters that may disqualify the petitioner from472
licensure, the board shall notify the petitioner of the potentially disqualifying convictions.473
The letter of concern shall advise the petitioner of their opportunity to submit additional474
evidence of rehabilitation and mitigation or for a hearing, or both.475
(f)  The board may predetermine that the petitioner's criminal record is likely grounds for476
denial of a license only after the board has held a hearing on the petitioner's eligibility in477
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'  The478
hearing shall be held in person, by remote video, or by teleconference within 60 days of479
receipt of the predetermination petition.  The individual shall have the opportunity to480
include character witnesses at the hearing, including but not limited to family members,481
friends, past or prospective employers, probation or parole officers, and rehabilitation482
counselors, who may offer their verbal or written support.  The board shall not make an483
adverse inference by a petitioner's decision to forgo a hearing or character witnesses.  The484
board shall issue a final decision within 60 days of complete submission of the issue for485
consideration or the hearing, whichever is later.486 23 LC 36 5513S
- 20 -
(g)  If the board decides that a predetermination petitioner is ineligible for a license, the487
board shall notify the petitioner of the following:488
(1)  The grounds and rationale for the predetermination, including the specific489
convictions and the factors in subsection (a) of Code Section 43-3-21.1 the board deemed490
directly relevant;491
(2)  An explanation of the process and right to appeal the board's predetermination492
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and493
(3)  Any actions the petitioner may take to remedy the disqualification.  An individual494
who receives a predetermination of ineligibility may submit a revised petition reflecting495
completion of the remedial actions.  The individual may submit a new petition to the496
board not before one year following a final judgment on their initial petition or upon497
completing the remedial actions, whichever is earlier.498
(h)  The denial of a predetermination petition because of the applicant's criminal record499
shall constitute a contested case as defined in Code Section 50-13-2.  In an administrative500
hearing or civil action reviewing the denial of a predetermination petition, the board shall501
have the burden of proving that the applicant's criminal record directly relates to the502
licensed occupation."503
SECTION 2-3.504
Said title is further amended in Code Section 43-3-27, relating to notification by an505
individual issued a license or certification as an accountant of conviction, time limit, and506
suspension, by revising subsection (a) as follows:507
"(a)  Any individual issued a license or certification under this chapter or providing services508
under substantial equivalency practice privileges and convicted under the laws of this state,509
the United States, any other state, or any other country of a felony as defined in paragraph510
(3) of subsection (a) of Code Section 43-1-19 43-1-1 shall be required to notify the board511
of such conviction within 30 days of such conviction.  The failure of such individual to512 23 LC 36 5513S
- 21 -
notify the board of a conviction shall be considered grounds for revocation of his or her513
license or other authorization issued pursuant to this chapter."514
SECTION 2-4.515
Said title is further amended in Code Section 43-10-20, relating to the teaching of barbering516
or the practice of a cosmetologist in prisons and certification of registration, by revising517
subsection (b) as follows:518
"(b)  The board shall be required to test an inmate who is an applicant for a certificate or519
registration under this chapter who has completed successfully a barber or cosmetologist520
training program operated by the Department of Corrections and who meets the521
requirements stated in Code Section 43-10-9.  If such inmate passes the applicable written522
and practical examinations, the board may issue the appropriate certificate of registration523
to such inmate after consideration of all requirements under Code Sections 43-10-9 and524
43-1-19; provided, however, that the board shall not apply the provisions of paragraph (4)525
(3) of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such526
person's status as an inmate and shall apply such provisions in the same manner as would527
otherwise be applicable to an applicant who is not an inmate."528
SECTION 2-5.529
Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or530
revocation of licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial531
review, investigations, immunity, failure to appear, and voluntary surrender, by revising532
paragraph (4) of subsection (a) as follows:533
"(4)  Been arrested, charged, and sentenced for the commission of any felony, or any534
crime involving moral turpitude covered misdemeanor, where:535
(A)  A a plea of nolo contendere was entered to the charge;.536 23 LC 36 5513S
- 22 -
(B)  First offender treatment without adjudication of guilt pursuant to the charge was537
granted; or538
(C)  An adjudication or sentence was otherwise withheld or not entered on the charge.539
The plea of nolo contendere or the order entered pursuant to the provisions of Article 3540
of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of541
arrest and sentencing for such crime;"542
SECTION 2-6.543
Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or544
revocation of, licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial545
review, investigations, immunity, failure to appear, and voluntary surrender, by adding two546
new subsections to read as follows:547
"(a.1)  Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section, the548
board of dentistry shall refuse to grant a license to an individual or shall revoke a license549
only if a conviction directly relates to the occupation for which the license is sought or held550
and granting the license would pose a direct and substantial risk to public safety because551
the individual has not been rehabilitated to safely perform the duties and responsibilities552
of the practice of dentistry.  In determining if a conviction directly relates to the occupation553
for which the license is sought or held, the board of dentistry shall consider:554
(1)  The nature and seriousness of the offense and the direct relationship of the criminal555
conduct to the duties and responsibilities of the occupation for which the license is sought556
or held;557
(2)  The age of the individual at the time the offense was committed;558
(3)  The length of time elapsed since the offense was committed;559
(4)  All circumstances relative to the offense, including, but not limited to, mitigating560
circumstances or social conditions surrounding the commission of the offense; and561 23 LC 36 5513S
- 23 -
(5)  Evidence of rehabilitation and present fitness to perform the duties of the occupation562
for which the license is sought or held, including, but not limited to:563
(A)  The completion of the criminal sentence;564
(B)  A program and treatment certificate issued by the Board of Corrections;565
(C)  Completion of, or active participation in, a rehabilitative drug or alcohol treatment566
program;567
(D)  Testimonials and recommendations, which may include a progress report from the568
individual's probation or parole officer;569
(E)  Education and training;570
(F)  Employment history;571
(G)  Employment aspirations;572
(H)  The individual's current family or community responsibilities, or both;573
(I)  Whether a bond is required to practice the occupation;574
(J)  Any affidavits or other written documents, including, but not limited to, character575
references; and576
(K)  Any other information regarding rehabilitation the individual submits to the board.577
(6)  In determining whether to terminate and revoke a license, the board shall not consider578
nor require an individual to disclose:579
(A)  A deferred adjudication, a first offender adjudication, participation in a diversion580
program, a conditional discharge, or an arrest not followed by a conviction;581
(B)  A conviction for which no sentence of incarceration can be imposed;582
(C)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or583
pardoned;584
(D)  A juvenile adjudication;585
(E)  A misdemeanor conviction older than five years, unless the offense of conviction586
is listed in Code section 35-3-37(j)(4); or587 23 LC 36 5513S
- 24 -
(F)  A conviction older than five years for which the individual was not incarcerated,588
or a conviction for which the individual's incarceration ended more than five years589
before the date of the board's consideration, except for a felony conviction related to:590
(i)  A criminal sexual act;591
(ii)  Criminal fraud or embezzlement;592
(iii)  Aggravated assault;593
(iv)  Aggravated robbery;594
(v)  Aggravated abuse, neglect, or endangerment of a child;595
(vi)  Arson;596
(vii)  Carjacking;597
(viii)  Kidnapping; or598
(ix)  Manslaughter, homicide, or murder.599
(a.2)(1)  Notwithstanding any other provision of law, an individual with a criminal record600
may petition the board of dentistry at any time, including while incarcerated and before601
starting or completing any required professional qualifications for licensure, for a602
predetermination as to whether the individual's criminal record will disqualify him or her603
from obtaining a license.604
(2)  The petition for predetermination shall include the individual's criminal record or605
authorize the board to obtain the individual's criminal record.  The petitioning individual606
need not disclose any offenses falling under paragraph (6) subsection (a.1) of this Code607
section.  The petition shall also include any information the petitioner chooses to submit608
concerning the circumstances of their record and their rehabilitation.609
(3)  In considering predetermination petitions, the board shall apply the direct relationship610
standard in subsection (a.1) of this Code section and shall not consider any offenses611
falling under paragraph (6) of subsection (a.1) of this Code section.  The board shall612
support any adverse predetermination with clear and convincing evidence.613 23 LC 36 5513S
- 25 -
(4)  A predetermination made under this subsection that a petitioner is eligible for a614
license shall be binding on the board only if the petitioner applies for licensure, fulfills615
all other requirements for the occupational licensure, and the petitioner's submitted616
criminal record was correct and remains unchanged at the time of his or her application617
for a license.618
(5)  If a petitioner's criminal record includes matters that may disqualify the petitioner619
from licensure, the board shall notify the petitioner of the potentially disqualifying620
convictions.  The letter of concern shall advise the petitioner of their opportunity to621
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.622
(6)  The board may predetermine that the petitioner's criminal record is likely grounds for623
denial of a license only after the board has held a hearing on the petitioner's eligibility in624
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'  The625
hearing shall be held in person, by remote video, or by teleconference within 60 days of626
receipt of the predetermination petition.  The individual shall have the opportunity to627
include character witnesses at the hearing, including but not limited to family members,628
friends, past or prospective employers, probation or parole officers, and rehabilitation629
counselors, who may offer their verbal or written support.  The professional licensing630
board shall not make an adverse inference by a petitioner's decision to forgo a hearing or631
character witnesses.  The board shall issue a final decision within 60 days of complete632
submission of the issue for consideration or the hearing, whichever is later.633
(7)  If the professional licensing board decides that a predetermination petitioner is634
ineligible for a license, the board shall notify the petitioner of the following:635
(A)  The grounds and rationale for the predetermination, including the specific636
convictions and the factors in subsection (a.1) of this Code section the board deemed637
directly relevant;638
(B)  An explanation of the process and right to appeal the board's predetermination639
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and640 23 LC 36 5513S
- 26 -
(C)  Any actions the petitioner may take to remedy the disqualification.  An individual641
who receives a predetermination of ineligibility may submit a revised petition reflecting642
completion of the remedial actions.  The individual may submit a new petition to the643
board not before one year following a final judgment on their initial petition or upon644
completing the remedial actions, whichever is earlier.645
(8)  The denial of a predetermination petition because of the applicant's criminal record646
shall constitute a contested case as defined in Code Section 50-13-2.  In an administrative647
hearing or civil action reviewing the denial of a predetermination petition, the board shall648
have the burden of proving that the applicant's criminal record directly relates to the649
licensed occupation."650
SECTION 2-7.651
Said title is further amended in Code Section 43-11-71, relating to qualifications of652
applicants for license and criminal background check, by revising subsection (a) and by653
adding two new subsections to read as follows:654
"(a)  No person shall be entitled to or be issued such license as set out in Code Section655
43-11-70 unless such person is at least 18 years of age, of good moral character, and a656
graduate of a dental hygiene program recognized by the board and accredited by the657
Commission on Dental Accreditation of the American Dental Association (ADA) or its658
successor agency which is operated by a school or college accredited by an institutional659
accrediting agency recognized by the United States Department of Education whose660
curriculum is at least two academic years of courses at the appropriate level and at the661
completion of which an associate or baccalaureate degree is awarded.662
(b)  Application for a license under Code Section 43-11-70 shall constitute consent for663
performance of a criminal background check.  Each applicant who submits an application664
to the board for licensure agrees to provide the board with any and all information665
necessary to run a criminal background check, including but not limited to classifiable sets666 23 LC 36 5513S
- 27 -
of fingerprints.  The applicant shall be responsible for all fees associated with the667
performance of a background check.668
(c)  Notwithstanding subsections (a) and (b) of this Code section, the board of dentistry669
shall refuse to grant a license to an individual or shall revoke a license only if a conviction670
directly relates to the occupation for which the license is sought or held and granting the671
license would pose a direct and substantial risk to public safety because the individual has672
not been rehabilitated to safely perform the duties and responsibilities of the practice of a673
dental hygienist.  In determining if a conviction directly relates to the occupation for which674
the license is sought or held, the board of dentistry shall consider:675
(1)  The nature and seriousness of the offense and the direct relationship of the criminal676
conduct to the duties and responsibilities of the occupation for which the license is sought677
or held;678
(2)  The age of the individual at the time the offense was committed;679
(3)  The length of time elapsed since the offense was committed;680
(4)  All circumstances relative to the offense, including, but not limited to, mitigating681
circumstances or social conditions surrounding the commission of the offense; and682
(5)  Evidence of rehabilitation and present fitness to perform the duties of the occupation683
for which the license is sought or held, including, but not limited to:684
(A)  The completion of the criminal sentence;685
(B)  A program and treatment certificate issued by the Board of Corrections;686
(C)  Completion of, or active participation in, a rehabilitative drug or alcohol treatment687
program;688
(D)  Testimonials and recommendations, which may include a progress report from the689
individual's probation or parole officer;690
(E)  Education and training;691
(F)  Employment history;692
(G)  Employment aspirations;693 23 LC 36 5513S
- 28 -
(H)  The individual's current family or community responsibilities, or both;694
(I)  Whether a bond is required to practice the occupation;695
(J)  Any affidavits or other written documents, including, but not limited to, character696
references; and697
(K)  Any other information regarding rehabilitation the individual submits to the board.698
(6)  In determining whether to terminate and revoke a license, the board shall not consider699
nor require an individual to disclose:700
(A)  A deferred adjudication, first offender treatment, participation in a diversion701
program, a conditional discharge, or an arrest not followed by a conviction;702
(B)  A conviction for which no sentence of incarceration can be imposed;703
(C)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or704
pardoned;705
(D)  A juvenile adjudication;706
(E)  A misdemeanor conviction older than five years, unless the offense of conviction707
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or708
(F)  A conviction older than five years for which the individual was not incarcerated,709
or a conviction for which the individual's incarceration ended more than five years710
before the date of the board's consideration, except for a felony conviction related to:711
(i)  A criminal sexual act;712
(ii)  Criminal fraud or embezzlement;713
(iii)  Aggravated assault;714
(iv)  Aggravated robbery;715
(v)  Aggravated abuse, neglect, or endangerment of a child;716
(vi)  Arson;717
(vii)  Carjacking;718
(viii)  Kidnapping; or719
(ix)  Manslaughter, homicide, or murder.720 23 LC 36 5513S
- 29 -
(d)(1)  Notwithstanding any other provision of law, an individual with a criminal record721
may petition the board of dentistry at any time, including while incarcerated and before722
starting or completing any required professional qualifications for licensure, for a723
predetermination as to whether the individual's criminal record will disqualify him or her724
from obtaining a license.725
(2)  The petition for predetermination shall include the individual's criminal record or726
authorize the board to obtain the individual's criminal record.  The petitioning individual727
need not disclose any offenses falling under subparagraph (c)(6)(F) of this Code section.728
The petition shall also include any information the petitioner chooses to submit729
concerning the circumstances of their record and their rehabilitation.730
(3)  In considering predetermination petitions, the professional licensing board shall apply731
the direct relationship standard in subsection (c) of this Code section and shall not732
consider any offenses falling under subparagraph (c)(6)(F) of this Code section.  The733
board shall support any adverse predetermination with clear and convincing evidence.734
(4)  A predetermination made under this subsection that a petitioner is eligible for a735
license shall be binding on the professional licensing board only if the petitioner applies736
for licensure, fulfills all other requirements for the occupational licensure, and the737
petitioner's submitted criminal record was correct and remains unchanged at the time of738
his or her application for a license.739
(5)  If a petitioner's criminal record includes matters that may disqualify the petitioner740
from licensure, the board shall notify the petitioner of the potentially disqualifying741
convictions.  The letter of concern shall advise the petitioner of their opportunity to742
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.743
(6)  The board may predetermine that the petitioner's criminal record is likely grounds for744
denial of a license only after the board has held a hearing on the petitioner's eligibility in745
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'  The746
hearing shall be held in person, by remote video, or by teleconference within 60 days of747 23 LC 36 5513S
- 30 -
receipt of the predetermination petition.  The individual shall have the opportunity to748
include character witnesses at the hearing, including but not limited to family members,749
friends, past or prospective employers, probation or parole officers, and rehabilitation750
counselors, who may offer their verbal or written support.  The professional licensing751
board shall not make an adverse inference by a petitioner's decision to forgo a hearing or752
character witnesses.  The board shall issue a final decision within 60 days of complete753
submission of the issue for consideration or the hearing, whichever is later.754
(7)  If the board decides that a predetermination petitioner is ineligible for a license, the755
board shall notify the petitioner of the following:756
(A)  The grounds and rationale for the predetermination, including the specific757
convictions and the factors in subsection (c) of this Code section the board deemed758
directly relevant;759
(B)  An explanation of the process and right to appeal the board's predetermination760
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and761
(C)  Any actions the petitioner may take to remedy the disqualification.  An individual762
who receives a predetermination of ineligibility may submit a revised petition reflecting763
completion of the remedial actions.  The individual may submit a new petition to the764
board not before one year following a final judgment on their initial petition or upon765
completing the remedial actions, whichever is earlier.766
(8)  The denial of a predetermination petition because of the applicant's criminal record767
shall constitute a contested case as defined in Code Section 50-13-2.  In an administrative768
hearing or civil action reviewing the denial of a predetermination petition, the board shall769
have the burden of proving that the applicant's criminal record directly relates to the770
licensed occupation."771 23 LC 36 5513S
- 31 -
SECTION 2-8.772
Said title is further amended by revising Code Section 43-18-46, relating to grounds for773
denial or revocation of license or registration and other discipline for funeral directors and774
embalmers, as follows:775
"43-18-46.776
In addition to the authority and provided in Code Section 43-1-19, the board may refuse777
to grant a license to operate a funeral establishment or to practice embalming or funeral778
directing, may refuse to grant a registration to serve as an apprentice, or may revoke,779
suspend, fine, or otherwise discipline a licensee or registrant upon any of the following780
grounds:781
(1)  The employment of fraud or deception in applying for a license or registration or in782
passing the examination provided for in this article;783
(2)  Issuance of a license or registration through error;784
(3)  Conviction of a crime involving moral turpitude;785
(4)(3) The practice of embalming or funeral directing under a false name or the786
impersonation of another embalmer, funeral director, or apprentice of a like or different787
name;788
(5)(4) The making of a false statement or representation regarding the qualifications,789
training, or experience of any applicant;790
(6)(5) The making of a misrepresentation of any kind regarding any funeral merchandise;791
(7)(6) Directly or indirectly, by gifts or otherwise, committing the offense of buying792
business or paying a commission or making gifts, directly or indirectly, for the purpose793
of securing business to any physician or hospital, or to any institution where death occurs,794
or to any hospital superintendent, nurse, intern, or employee of any hospital, nursing795
home, or other institution where death occurs; or to any coroner or other government796
official;797 23 LC 36 5513S
- 32 -
(8)(7) Gross or willful malpractice or gross neglect in the practice of embalming, funeral798
directing, or cremating;799
(9)(8) Signing a death certificate as having embalmed or prepared a body for burial or800
preservation when in fact someone else performed such embalming or preparation;801
(10)(9) Interfering, either directly or indirectly, with a licensed embalmer or funeral802
director having legal charge of a dead human body;803
(11)(10) Using any statements that mislead or deceive the public including, but not804
limited to, false or misleading statements regarding a legal or cemetery requirement,805
funeral merchandise, funeral services, or in the operation of a funeral establishment;806
(12)(11) Failing to fulfill the terms of a funeral service contract;807
(13)(12) Disregarding a decedent's dignity, right to privacy, or right to confidentiality808
unless compelled by law to do otherwise;809
(14)(13) Using profane, indecent, or obscene language in the presence of a dead human810
body, or within the immediate hearing of the family or relatives of a deceased, whose811
body has not yet been interred or otherwise disposed;812
(15)(14) Failing to turn assigned benefits in excess of charges incurred over to the813
assignee of the deceased within ten working days of receipt of the assigned funds;814
(16)(15) Refusing to surrender promptly the custody of a dead human body upon the815
express order of the person lawfully entitled to the custody;816
(17)(16) Failing to have the charges rendered to be in compliance with those listed in the817
funeral establishment general price list, the casket price list, the outer burial container list,818
or the funeral service contract price list;819
(18)(17) Aiding or abetting an unlicensed person to practice under this article;820
(19)(18) Promoting or participating in a burial society, burial association, burial821
certificate plan, or burial membership plan;822
(20)(19) Soliciting, as defined in paragraph (21) of Code Section 43-18-1;823 23 LC 36 5513S
- 33 -
(21)(20) Presenting a false certification of work done by an apprentice or as an824
apprentice;825
(22)(21) Willfully violating any state law or regulation; Federal Trade Commission law826
or regulation; Occupational Safety and Health Administration law or regulation;827
Department of Public Health law or regulation; Environmental Protection Agency law828
or regulation; or municipal or county ordinance or regulation that affects the handling,829
custody, care, or transportation of dead human bodies, including, but not limited to, the830
disposal of equipment, residual fluids, or medical wastes;831
(23)(22) Knowingly making any misleading, deceptive, untrue, or fraudulent832
representation in the practice of funeral directing or embalming or in any document833
connected therewith;834
(24)(23) Discriminating in the provision of services because of race, creed, color,835
religion, gender, or national origin;836
(25)(24) Failing to safeguard all personal properties that were obtained from dead human837
remains and failing to dispose of same as directed by a legally authorized person;838
(26)(25) Failing to refund moneys due as a result of overpayment by an insurance839
company or other third party;840
(27)(26) Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious841
conduct or practice harmful to the public, which conduct or practice that materially842
affects the fitness of the licensee or registrant to practice in the funeral business, or is of843
a nature likely to jeopardize the interest of the general public, which conduct or practice844
and that need not have resulted in actual injury to any person or be directly related to the845
practice of funeral directing or embalming but shows that the person has committed any846
act or omission which is indicative of bad moral character or untrustworthiness;847
unprofessional untrustworthiness.  Unprofessional conduct shall also include any848
departure from or failure to conform to the minimal reasonable standards of acceptable849
and prevailing practice of funeral services;850 23 LC 36 5513S
- 34 -
(28)(27) Engaging in any practice whereby a person who is both a funeral director and851
a coroner or who is both a funeral director and a minister presents that person as a funeral852
director to a legally authorized person when death is imminent or after death occurs prior853
to when the legally authorized person selects a funeral director or funeral establishment854
which will handle the dead human body;855
(29)(28) Practicing embalming or funeral directing or operating a funeral establishment856
or crematory prior to the board's having approved an application for licensure; or857
(30)(29) Failing to satisfy the funeral director in full and continuous charge requirements858
as set out in Code Section 43-18-71 or funeral establishment requirements as set out in859
Code Section 43-18-70."860
SECTION 2-9.861
Said title is further amended in Code Section 43-24A-9, relating to provisional permits for862
massage therapists, by revising subsection (a) as follows:863
"(a)  A provisional permit to practice as a provisionally permitted massage therapist shall,864
upon proper application, be issued for a six-month period to an applicant who meets the865
following criteria:866
(1)  Holds and maintains a valid license as a massage therapist in another state;867
(2)  Is not a resident of this state as confirmed in a secure and verifiable document, as868
defined in Code Section 50-36-2;869
(3)  Has not had a license or permit to practice as a massage therapist voided, revoked,870
suspended, denied, or annulled by this state or another state, territory, or jurisdiction; and871
(4)  Has not been convicted of a directly related felony in the courts of this state, any872
other state, territory, or country, or in the courts of the United States, including, but not873
limited to, a plea of nolo contendere entered to such charge or the affording of first874
offender treatment to any such charge in the same manner as provided in paragraph (4)875
of subsection (a) of subsection (q) of Code Section 43-1-19. For purposes of this876 23 LC 36 5513S
- 35 -
paragraph, the term 'felony' shall have the same meaning a provided in Code Section877
43-1-1."878
SECTION 2-10.879
Said title is further amended in Code Section 43-26-11, relating to denial or revocation of880
licenses and other discipline under the "Georgia Registered Professional Nurse Practice Act,"881
by revising paragraph (1) as follows:882
"(1)  Been convicted of any directly related felony, crime involving moral turpitude, or883
directly related crime violating a federal or state law relating to controlled substances or884
dangerous drugs in the courts of this state, any other state, territory, or country, or in the885
courts of the United States, including but not limited to a plea of nolo contendere entered886
to the charge,; provided, however, that such conviction shall be evaluated as provided by887
subsection (q) of Code Section 43-1-19; or"888
SECTION 2-11.889
Said title is further amended by revising Code Section 43-26-40, relating to refusal to grant890
license and revocation of registered practical nurses licenses and disciplining of licensees,891
as follows:892
"43-26-40.893
(a)  In addition to the authority granted in Code Section 43-1-19, the board shall have the894
authority to refuse to grant a license to an applicant, to revoke the license of a licensee, or895
to discipline a licensee upon a finding by the board that the applicant or licensee has:896
(1)  Been convicted of a directly related felony, a crime involving moral turpitude, or any897
directly related crime violating a federal or state law relating to controlled substances or898
dangerous drugs or marijuana in the courts of this state, any other state, territory, or899
country, or in the courts of the United States, including, but not limited to, a plea of nolo900 23 LC 36 5513S
- 36 -
contendere entered to the charge; provided, however, that such conviction shall be901
evaluated as provided by subsection (q) of Code Section 43-1-19;902
(2)  Had a license to practice nursing revoked, suspended, or annulled by any lawful903
licensing authority, had other disciplinary action taken by any lawful licensing authority,904
or was denied a license by any lawful licensing authority;905
(3)  Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or906
practice harmful to the public, which conduct or practice need not have resulted in actual907
injury to any person.  As used in this paragraph, the term 'unprofessional conduct'908
includes the improper charting of medication and any departure from, or the failure to909
conform to, the minimal standards of acceptable and prevailing nursing practice;910
(4)  Violated or attempted to violate a law or any lawfully promulgated rule or regulation911
of this state, any other state, the board, the United States, or any other lawful authority,912
without regard to whether the violation is criminally punishable, which statute, law, or913
rule or regulation relates to or in part regulates the practice of nursing, when the licensee914
or applicant knows or should know that such action is violative of such law or rule;915
(5)  Violated a lawful order of the board previously entered by the board in a disciplinary916
hearing; or917
(6)  Displayed an inability to practice nursing as a licensed practical nurse with918
reasonable skill and safety due to illness, use of alcohol, drugs, narcotics, chemicals, or919
any other types of material, or as a result of any mental or physical condition:920
(A)  In enforcement of this paragraph, the board may, upon reasonable grounds, require921
a licensee or applicant to submit to a mental or physical examination by a board922
approved health care professional.  The expense of such mental or physical examination923
shall be borne by the licensee or applicant.  The results of such examination shall be924
admissible in any hearing before the board, notwithstanding any claim of privilege925
under contrary law or rule.  Every person who is licensed to practice practical nursing926
as a licensed practical nurse in this state, or an applicant for examination, endorsement,927 23 LC 36 5513S
- 37 -
or reinstatement, shall be deemed to have given such person's consent to submit to such928
mental or physical examination and to have waived all objections to the admissibility929
of the results in any hearing before the board upon the grounds that the same constitutes930
a privileged communication.  If a licensee or applicant fails to submit to such an931
examination when properly directed to do so by the board, unless such failure was due932
to circumstances beyond that person's control, the board may enter a final order upon933
proper notice, hearing, and proof of such refusal.  Any licensee or applicant who is934
prohibited from practicing under this paragraph shall at reasonable intervals be afforded935
an opportunity to demonstrate to the board that such person can resume or begin to936
practice practical nursing as a licensed practical nurse with reasonable skill and safety;937
and938
(B)  In enforcement of this paragraph, the board may, upon reasonable grounds, obtain939
any and all records relating to the mental or physical condition of a licensee or940
applicant, including psychiatric records; such records shall be admissible in any hearing941
before the board, notwithstanding any privilege under a contrary rule, law, or statute.942
Every person who is licensed in this state or who shall file an application for said943
license shall be deemed to have given such person's consent to the board's obtaining944
such records and to have waived all objections to the admissibility of such records in945
any hearing before the board upon the grounds that the same constitute a privileged946
communication.947
(b)  Neither denial of an initial license, the issuance of a private reprimand, the denial of948
a license by endorsement under Code Section 43-26-38, nor the denial of a request for949
reinstatement of a license on the grounds that the applicant or licensee has failed to meet950
the minimum requirements shall be considered a contested case within the meaning of951
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and notice and hearing952
within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or953
licensee shall be allowed to appear before the board if he or she so requests.954 23 LC 36 5513S
- 38 -
(c)  Notwithstanding any other provision of this Code section, the denial of an initial955
license or the denial of a request for reinstatement of a license on the grounds that the956
applicant or licensee is disqualified due to a criminal record shall be in accordance with957
subsection (a) of Code Section 43-1-19."958
SECTION 2-12.959
Said title is further amended in Code Section 43-34-8, relating to the authority of the960
Composite Medical Board to refuse license, certificate, or permit medical professionals or961
to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and962
publication of final disciplinary actions, by revising paragraph (3) of subsection (a) as963
follows:964
"(3)  Been convicted of a felony in the courts of this state or any other state, territory,965
country, or of the United States.  As used in this paragraph, the term 'conviction of a966
felony' shall include a conviction of an offense which if committed in this state would be967
deemed a felony under either state or federal law, without regard to its designation968
elsewhere.  As used in this paragraph, the term 'conviction' shall include a finding or969
verdict of guilt, a plea of guilty resulting in first offender status, or a plea of nolo970
contendere in a criminal proceeding, regardless of whether the adjudication of guilt or971
sentence is withheld or not entered thereon;"972
SECTION 2-13.973
Said title is further amended in Code Section 43-34-8, relating to the authority of the974
Composite Medical Board to refuse license, certificate, or permit medical professionals or975
to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and976
publication of final disciplinary actions, by adding two new subsections to read as follows:977
"(a.1)  Notwithstanding paragraphs (3), (4), and (11) of subsection (a) of this Code section,978
the medical board shall refuse to grant a license to an individual or shall revoke a license979 23 LC 36 5513S
- 39 -
only if a conviction directly relates to the occupation for which the license is sought or held980
and granting the license would pose a direct and substantial risk to public safety because981
the individual has not been rehabilitated to safely perform the duties and responsibilities982
of the practice of medicine.  In determining if a conviction directly relates to the occupation983
for which the license is sought or held, the medical board shall consider:984
(1)  The nature and seriousness of the offense and the direct relationship of the criminal985
conduct to the duties and responsibilities of the occupation for which the license is sought986
or held;987
(2)  The age of the individual at the time the offense was committed;988
(3)  The length of time elapsed since the offense was committed;989
(4)  All circumstances relative to the offense, including, but not limited to, mitigating990
circumstances or social conditions surrounding the commission of the offense; and991
(5)  Evidence of rehabilitation and present fitness to perform the duties of the occupation992
for which the license is sought or held, including, but not limited to:993
(A)  The completion of the criminal sentence;994
(B)  A program and treatment certificate issued by the Board of Corrections;995
(C)  Completion of, or active participation in, a rehabilitative drug or alcohol treatment996
program;997
(D)  Testimonials and recommendations, which may include a progress report from the998
individual's probation or parole officer;999
(E)  Education and training;1000
(F)  Employment history;1001
(G)  Employment aspirations;1002
(H)  The individual's current family or community responsibilities, or both;1003
(I)  Whether a bond is required to practice the occupation;1004
(J)  Any affidavits or other written documents, including, but not limited to, character1005
references; and1006 23 LC 36 5513S
- 40 -
(K)  Any other information regarding rehabilitation the individual submits to the board.1007
(6)  In determining whether to terminate and revoke a license, the board shall not consider1008
nor require an individual to disclose:1009
(A)  A deferred adjudication, first offender treatment, participation in a diversion1010
program, a conditional discharge, or an arrest not followed by a conviction;1011
(B)  A conviction for which no sentence of incarceration can be imposed;1012
(C)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1013
pardoned;1014
(D)  A juvenile adjudication;1015
(E)  A misdemeanor conviction older than five years, unless the offense of conviction1016
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1017
(F)  A conviction older than five years for which the individual was not incarcerated,1018
or a conviction for which the individual's incarceration ended more than five years1019
before the date of the board's consideration, except for a felony conviction related to:1020
(i)  A criminal sexual act;1021
(ii)  Criminal fraud or embezzlement;1022
(iii)  Aggravated assault;1023
(iv)  Aggravated robbery;1024
(v)  Aggravated abuse, neglect, or endangerment of a child;1025
(vi)  Arson;1026
(vii)  Carjacking;1027
(viii)  Kidnapping; or1028
(ix)  Manslaughter, homicide, or murder.1029
(a.2)(1)  Notwithstanding any other provision of law, an individual with a criminal record1030
may petition the board at any time, including while incarcerated and before starting or1031
completing any required professional qualifications for licensure, for a predetermination1032 23 LC 36 5513S
- 41 -
as to whether the individual's criminal record will disqualify him or her from obtaining1033
a license.1034
(2)  The petition for predetermination shall include the individual's criminal record or1035
authorize the board to obtain the individual's criminal record.  The petitioning individual1036
need not disclose any offenses falling under paragraph (a.1)(6) of this Code section.  The1037
petition shall also include any information the petitioner chooses to submit concerning1038
the circumstances of their record and their rehabilitation.1039
(3)  In considering predetermination petitions, the professional licensing board shall apply1040
the direct relationship standard in subsection (a.1) of this subsection and shall not1041
consider any offenses falling under paragraph (a.1)(6) of this Code section.  The board1042
shall support any adverse predetermination with clear and convincing evidence.1043
(4)  A predetermination made under this subsection that a petitioner is eligible for a1044
license shall be binding on the board only if the petitioner applies for licensure, fulfills1045
all other requirements for the occupational license, and the petitioner's submitted criminal1046
record was correct and remains unchanged at the time of his or her application for a1047
license.1048
(5)  If a petitioner's criminal record includes matters that may disqualify the petitioner1049
from licensure, the board shall notify the petitioner of the potentially disqualifying1050
convictions.  The letter of concern shall advise the petitioner of their opportunity to1051
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.1052
(6)  The board may predetermine that the petitioner's criminal record is likely grounds for1053
denial of a license only after the board has held a hearing on the petitioner's eligibility in1054
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'  The1055
hearing shall be held in person, by remote video, or by teleconference within 60 days of1056
receipt of the predetermination petition.  The individual shall have the opportunity to1057
include character witnesses at the hearing, including but not limited to family members,1058
friends, past or prospective employers, probation or parole officers, and rehabilitation1059 23 LC 36 5513S
- 42 -
counselors, who may offer their verbal or written support.  The board shall not make an1060
adverse inference by a petitioner's decision to forgo a hearing or character witnesses.  The1061
board shall issue a final decision within 60 days of complete submission of the issue for1062
consideration or the hearing, whichever is later.1063
(7)  If the board decides that a predetermination petitioner is ineligible for a license, the1064
board shall notify the petitioner of the following:1065
(A)  The grounds and rationale for the predetermination, including any of the1066
petitioner's specific convictions and the factors provided for in subsection (a.2) of this1067
Code section the board deemed directly relevant;1068
(B)  An explanation of the process and right to appeal the board's predetermination1069
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and1070
(C)  Any actions the petitioner may take to remedy the disqualification.  An individual1071
who receives a predetermination of ineligibility may submit a revised petition reflecting1072
completion of the remedial actions.  The individual may submit a new petition to the1073
board not before one year following a final judgment on their initial petition or upon1074
completing the remedial actions, whichever is earlier.1075
(8)  The denial of a predetermination petition because of the applicant's criminal record1076
shall constitute a contested case as defined in Code Section 50-13-2.  In an administrative1077
hearing or civil action reviewing the denial of a predetermination petition, the board shall1078
have the burden of proving that the applicant's criminal record directly relates to the1079
licensed occupation."1080
SECTION 2-14.1081
Said title is further amended in Code Section 43-34-107, relating to termination of approval1082
and revocation of licenses of physician assistants by the Composite Medical Board, notice1083
and hearing, and sanctions, by revising subsection (a) as follows:1084 23 LC 36 5513S
- 43 -
"(a)(1) The approval of a physician's utilization of a physician assistant may be1085
terminated and the license revoked by the board when, after due notice and a hearing, in1086
accordance with this Code section, it shall find that the assistant is incompetent or has1087
committed unethical or immoral acts, including, but not limited to, holding himself or1088
herself out or permitting another to represent him or her as a licensed physician;1089
performing otherwise than at the direction of a physician approved by the board to utilize1090
the assistant's services; habitually using intoxicants or drugs to such an extent that he or1091
she is unable safely to perform as an assistant to the physician; or being convicted in any1092
court, state or federal, of any felony or other criminal offense involving moral turpitude1093
covered misdemeanor.1094
(2)  The board shall recommend action to terminate and revoke on the basis of a criminal1095
conviction or adjudication only if the conviction or adjudication directly relates to the1096
role of a physician assistant.  In determining if a criminal conviction or adjudication1097
directly relates to the role of a physician assistant, the board shall consider:1098
(A)  The nature and seriousness of the crime and the direct relationship of the criminal1099
conduct to the duties and responsibilities of the physician assistant;1100
(B)  The age of the individual at the time such crime was committed;1101
(C)  The length of time elapsed since such crime was committed;1102
(D)  All circumstances relative to such crime, including, but not limited to, mitigating1103
circumstances or social conditions surrounding the commission of the offense; and1104
(E)  Evidence of rehabilitation and present fitness to perform the duties of the1105
occupation for which the certificate is sought or held, including, but not limited to:1106
(i)  The completion of the criminal sentence;1107
(ii)  A program and treatment certificate issued by the Board of Corrections;1108
(iii)  Completion of, or active participation in, a rehabilitative drug or alcohol1109
treatment program;1110 23 LC 36 5513S
- 44 -
(iv)  Testimonials and recommendations, which may include a progress report from1111
the individual's probation or parole officer;1112
(v)  Education and training;1113
(vi)  Employment history;1114
(vii)  Employment aspirations;1115
(viii)  The individual's current family or community responsibilities, or both;1116
(ix)  Whether a bond is required to practice the occupation;1117
(x)  Any affidavits or other written documents, including, but not limited to, character1118
references; and1119
(xi)  Any other information regarding rehabilitation the individual submits to the1120
board.1121
(3)  In determining whether to terminate and revoke a license, the board or investigator1122
shall not consider nor require an individual to disclose:1123
(A)  A deferred adjudication, first offender treatment, participation in a diversion1124
program, a conditional discharge, or an arrest not followed by a conviction;1125
(B)  A conviction for which no sentence of incarceration can be imposed;1126
(C)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1127
pardoned;1128
(D)  A juvenile adjudication;1129
(E)  A misdemeanor conviction older than five years, unless the offense of conviction1130
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1131
(F)  A conviction older than five years for which the individual was not incarcerated,1132
or a conviction for which the individual's incarceration ended more than five years1133
before the date of the board's consideration, except for a felony conviction related to:1134
(i)  A criminal sexual act;1135
(ii)  Criminal fraud or embezzlement;1136
(iii)  Aggravated assault;1137 23 LC 36 5513S
- 45 -
(iv)  Aggravated robbery;1138
(v)  Aggravated abuse, neglect, or endangerment of a child;1139
(vi)  Arson;1140
(vii)  Carjacking;1141
(viii)  Kidnapping; or1142
(ix)  Manslaughter, homicide, or murder."1143
SECTION 2-15.1144
Said title is further amended in Code Section 43-34-283, relating to licensure requirements1145
for pain management clinics by the Composite Medical Board, by revising subsection (d) as1146
follows:1147
"(d)(1) Upon the filing of an application for a license, the board may cause a thorough1148
investigation of the applicant to be made and such investigation may include a criminal1149
background check; provided, however, that the board shall cause a thorough investigation1150
of a new applicant to be made, and such investigation shall include a background check.1151
If satisfied that the applicant possesses the necessary qualifications, the board shall issue1152
a license.  However, the board may issue licenses with varying restrictions to such1153
persons where the board deems it necessary for the purpose of safeguarding the public1154
health, safety, and welfare.1155
(2)  The board shall recommend action to deny licensure on the basis of a criminal1156
conviction or adjudication only if the conviction or adjudication directly relates to the1157
administration of a pain management clinic.  In determining if a criminal conviction or1158
adjudication directly relates to the administration of a pain management clinic, the board1159
shall consider:1160
(A)  The nature and seriousness of the crime and the direct relationship of the criminal1161
conduct to the duties and responsibilities of the licensee;1162
(B)  The age of the individual at the time such crime was committed;1163 23 LC 36 5513S
- 46 -
(C)  The length of time elapsed since such crime was committed;1164
(D)  All circumstances relative to such crime, including, but not limited to, mitigating1165
circumstances or social conditions surrounding the commission of the offense; and1166
(E)  Evidence of rehabilitation and present fitness to perform the duties of the1167
occupation for which the certificate is sought or held, including, but not limited to:1168
(i)  The completion of the criminal sentence;1169
(ii)  A program and treatment certificate issued by the Board of Corrections;1170
(iii)  Completion of, or active participation in, a rehabilitative drug or alcohol1171
treatment program;1172
(iv)  Testimonials and recommendations, which may include a progress report from1173
the individual's probation or parole officer;1174
(v)  Education and training;1175
(vi)  Employment history;1176
(vii)  Employment aspirations;1177
(viii)  The individual's current family or community responsibilities, or both;1178
(ix)  Whether a bond is required to practice the occupation;1179
(x)  Any affidavits or other written documents, including, but not limited to,  character1180
references; and1181
(xi)  Any other information regarding rehabilitation the individual submits to the1182
board."1183
SECTION 2-16.1184
Said title is further amended by revising Code Section 43-34-284, relating to denial,1185
suspension, and revocation of licenses of pain management clinics by the Composite Medical1186
Board, as follows:1187 23 LC 36 5513S
- 47 -
"43-34-284.1188
(a) In addition to the authority granted in Code Section 43-34-8, a license obtained1189
pursuant to this article may be denied, suspended, or revoked by the board upon finding1190
that the licensee or a physician practicing at a licensed pain management clinic has: 1191
(1)  Furnished false or fraudulent material information in any application filed under this1192
chapter;1193
(2)  Been convicted of a crime under any state or federal law relating to any controlled1194
substance;1195
(3)  Had his or her federal registration to prescribe, distribute, or dispense controlled1196
substances suspended or revoked; or1197
(4)  Violated the provisions of this chapter, Chapter 13 of Title 16, or Chapter 4 of Title1198
26.1199
(b)  In determining whether to deny, suspend, or revoke a license based upon a criminal1200
conviction or adjudication, the board shall consider:1201
(1)  The nature and seriousness of the crime and the direct relationship of the criminal1202
conduct to the duties and responsibilities of the physician practicing at a licensed pain1203
management clinic;1204
(2)  The age of the individual at the time such crime was committed;1205
(3)  The length of time elapsed since such crime was committed;1206
(4)  All circumstances relative to such crime, including, but not limited to, mitigating1207
circumstances or social conditions surrounding the commission of the offense; and1208
(5)  Evidence of rehabilitation and present fitness to perform the duties of the occupation1209
for which the license is sought or held, including, but not limited to:1210
(A)  The completion of the criminal sentence;1211
(B)  A program treatment certificate issued by the Board of Corrections;1212
(C)  Completion of, or active participation in, a rehabilitative drug or alcohol treatment1213
program;1214 23 LC 36 5513S
- 48 -
(D)  Testimonials and recommendations, which may include a progress report from the1215
individual's probation or parole officer;1216
(E)  Education and training;1217
(F)  Employment history;1218
(G)  Employment aspirations;1219
(H)  The individual's current family or community responsibilities, or both;1220
(I)  Whether a bond is required to practice the occupation;1221
(J)  Any affidavits or other written documents, including, but not limited to, character1222
references; and1223
(K)  Any other information regarding rehabilitation the individual submits to the board."1224
SECTION 2-17.1225
Said title is further amended in Code Section 43-39A-14, relating to grant of licenses for1226
appraisers by the Real Estate Commission and Appraisers Board, grounds for suspension or1227
revocation of license, other sanctions, surrender or lapse, and conviction, by revising1228
subsection (b) as follows:1229
"(b)(1)  As used in this subsection, the term:1230
(A)  'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1231
a felony or any crime involving moral turpitude covered misdemeanor, regardless of1232
whether an appeal of the conviction has been brought; a sentencing to first offender1233
treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1234
involving moral turpitude covered misdemeanor; or a plea of nolo contendere to a1235
charge of a felony or any crime involving moral turpitude covered misdemeanor.  The1236
commission shall have the burden of justifying by clear and convincing evidence that1237
a conviction supports an adverse licensing decision.1238
(B)  'Felony' means any offense committed:1239 23 LC 36 5513S
- 49 -
(i)  Within this state and deemed a felony under the laws of this state or under the1240
laws of the United States; or1241
(ii)  In another state and deemed a felony under the laws of that state or the laws of1242
the United States.1243
(1.1)  No person who has a directly related conviction shall be eligible to become an1244
applicant for a license or an approval authorized by this chapter unless such person has1245
successfully completed all terms and conditions of any sentence imposed for such1246
conviction, provided that if such individual has multiple convictions, at least five years1247
shall have passed since the individual satisfied all terms and conditions of any sentence1248
imposed for the last conviction before making application for licensure or approval; and1249
provided, further, that if such individual has a single conviction, at least two years shall1250
have passed since the individual satisfied all terms and conditions of any sentence1251
imposed for the last conviction before making application for licensure or approval.1252
(1.2)  The board shall recommend disciplinary action or denial of an application for a1253
licensure or approval authorized by this chapter on the basis of a criminal conviction or1254
adjudication only if the conviction or adjudication directly relates to the role of an1255
appraiser.  In determining if a criminal conviction or adjudication directly relates to the1256
role of an appraiser, the board shall consider:1257
(A)  The nature and seriousness of the crime and the direct relationship of the criminal1258
conduct to the duties and responsibilities of the appraiser;1259
(B)  The age of the individual at the time such crime was committed;1260
(C)  The length of time elapsed since such crime was committed;1261
(D)  All circumstances relative to such crime, including, but not limited to, mitigating1262
circumstances or social conditions surrounding the commission of the offense; and1263
(E)  Evidence of rehabilitation and present fitness to perform the duties of the1264
occupation for which the license is sought or held, including, but not limited to:1265
(i)  The completion of the criminal sentence;1266 23 LC 36 5513S
- 50 -
(ii)  A program and treatment certificate issued by the Board of Corrections;1267
(iii)  Completion of, or active participation in, a rehabilitative drug or alcohol1268
treatment program;1269
(iv)  Testimonials and recommendations, which may include a progress report from1270
the individual's probation or parole officer;1271
(v)  Education and training;1272
(vi)  Employment history;1273
(vii)  Employment aspirations;1274
(viii)  The individual's current family or community responsibilities, or both;1275
(ix)  Any affidavits or other written documents, including, but not limited to, character1276
references; and1277
(x)  Any other information regarding rehabilitation the individual submits to the1278
board.1279
(F)  In determining whether to terminate and revoke a license, the board shall not1280
consider nor require an individual to disclose:1281
(i)  A deferred adjudication, first offender treatment, participation in a diversion1282
program, a conditional discharge, or an arrest not followed by a conviction;1283
(ii)  A conviction for which no sentence of incarceration can be imposed;1284
(iii)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1285
pardoned; or1286
(iv)  A juvenile adjudication.1287
(1.2)(1.3) A person who has a directly related conviction in a court of competent1288
jurisdiction of this state or any other state shall be eligible to become an applicant for a1289
licensure or an approval authorized by this chapter only if:1290
(A)  Such person has satisfied all terms and conditions of any conviction such person1291
may have had before making application for licensure or approval, provided that if such1292
individual has multiple convictions, at least five years shall have passed since the1293 23 LC 36 5513S
- 51 -
individual satisfied all terms and conditions of any sentence imposed for the last1294
conviction before making application for licensure or approval; and provided, further,1295
that if such individual has been convicted of a single felony or of a single crime of1296
moral turpitude covered misdemeanor, at least two years shall have passed since the1297
individual satisfied all terms and conditions of any sentence imposed for the last1298
conviction before making application for licensure or approval;1299
(B)  No criminal charges for forgery, embezzlement, obtaining money under false1300
pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1301
violation, or a crime involving moral turpitude covered misdemeanor are pending1302
against the person; and1303
(C)  Such person presents to the commission satisfactory proof that the person now1304
bears a good reputation for honesty, trustworthiness, integrity, and competence to1305
transact the business of a licensee in such a manner as to safeguard the interest of the1306
public."1307
SECTION 2-18.1308
Said title is further amended in Code Section 43-40-15, relating to grant of licenses for1309
brokers and salespersons by the Real Estate Commission and Appraisers Board, grounds for1310
suspension or revocation of license, other sanctions, surrender or lapse, and conviction, by1311
revising subsection (b) as follows:1312
"(b)(1)  As used in this Code section, the term:1313
(A)  'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1314
a felony or any crime involving moral turpitude covered misdemeanor, regardless of1315
whether an appeal of the conviction has been brought; a sentencing to first offender1316
treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1317
involving moral turpitude a covered misdemeanor; or a plea of nolo contendere to a1318
charge of a felony or any crime involving moral turpitude covered misdemeanor.  The1319 23 LC 36 5513S
- 52 -
commission shall have the burden of justifying by clear and convincing evidence that1320
a conviction supports an adverse licensing decision.1321
(B)  'Felony' means any offense committed:1322
(i)  Within this state and deemed a felony under the laws of this state or under the1323
laws of the United States; or1324
(ii)  In another state and deemed a felony under the laws of that state or the laws of1325
the United States.1326
(1.1)  No person who has a directly related conviction shall be eligible to become an1327
applicant for a license or an approval authorized by this chapter unless such person has1328
successfully completed all terms and conditions of any sentence imposed for such1329
conviction, provided that if such individual has multiple convictions, at least five years1330
shall have passed since the individual satisfied all terms and conditions of any sentence1331
imposed for the last conviction before making application for licensure or approval; and1332
provided, further, that if such individual has a single conviction, at least two years shall1333
have passed since the individual satisfied all terms and conditions of any sentence1334
imposed for the last conviction before making application for licensure or approval.1335
(1.2)  The commission shall recommend disciplinary action or denial of an application1336
for a licensure or approval authorized by this chapter on the basis of a criminal conviction1337
or adjudication only if the conviction or adjudication directly relates to the role of the1338
license sought.  In determining if a criminal conviction or adjudication directly relates to1339
the role of a broker or real estate salesperson, the commission shall consider:1340
(A)  The nature and seriousness of the crime and the direct relationship of the criminal1341
conduct to the duties and responsibilities of the licensee;1342
(B)  The age of the individual at the time such crime was committed;1343
(C)  The length of time elapsed since such crime was committed;1344
(D)  All circumstances relative to such crime, including, but not limited to, mitigating1345
circumstances or social conditions surrounding the commission of the offense; and1346 23 LC 36 5513S
- 53 -
(E)  Evidence of rehabilitation and present fitness to perform the duties of the1347
occupation for which the license is sought or held, including, but not limited to:1348
(i)  The completion of the criminal sentence;1349
(ii)  A program and treatment certificate issued by the Board of Corrections;1350
(iii)  Completion of, or active participation in, a rehabilitative drug or alcohol1351
treatment program;1352
(iv)  Testimonials and recommendations, which may include a progress report from1353
the individual's probation or parole officer;1354
(v)  Education and training;1355
(vi)  Employment history;1356
(vii)  Employment aspirations;1357
(viii)  The individual's current family or community responsibilities, or both;1358
(ix)  Any affidavits or other written documents, including, but not limited to, character1359
references; and1360
(x)  Any other information regarding rehabilitation the individual submits to the1361
commission.1362
(F)  In determining whether to terminate and revoke a license, the board shall not1363
consider nor require an individual to disclose:1364
(i)  A deferred adjudication, first offender treatment, participation in a diversion1365
program, a conditional discharge, or an arrest not followed by a conviction;1366
(ii)  A conviction for which no sentence of incarceration can be imposed;1367
(iii)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1368
pardoned; or1369
(iv)  A juvenile adjudication.1370
(1.2)(1.3) A person who has a directly related conviction in a court of competent1371
jurisdiction of this state or any other state shall be eligible to become an applicant for a1372
licensure or an approval authorized by this chapter only if:1373 23 LC 36 5513S
- 54 -
(A)  Such person has satisfied all terms and conditions of any conviction such person1374
may have had before making application for licensure or approval, provided that if such1375
individual has multiple convictions, at least five years shall have passed since the1376
individual satisfied all terms and conditions of any sentence imposed for the last1377
conviction before making application for licensure or approval; and provided, further,1378
that if such individual has been convicted of a single felony or of a single crime of1379
moral turpitude covered misdemeanor, at least two years shall have passed since the1380
individual satisfied all terms and conditions of any sentence imposed for the last1381
conviction before making application for licensure or approval;1382
(B)  No criminal charges for forgery, embezzlement, obtaining money under false1383
pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1384
violation, or a crime involving moral turpitude covered misdemeanor are pending1385
against the person; and1386
(C)  Such person presents to the commission satisfactory proof that the person now1387
bears a good reputation for honesty, trustworthiness, integrity, and competence to1388
transact the business of a licensee in such a manner as to safeguard the interest of the1389
public."1390
SECTION 2-19.1391
Said title is further amended in Code Section 43-45-9, relating to examination for structural1392
pest control operator certification by the Structural Pest Control Commission, by revising1393
subsection (a) as follows:1394
"(a)(1) All applicants for examination for certification as an operator must have a1395
knowledge of the practical and scientific facts underlying the practice of structural pest1396
control, control of wood-destroying organisms, and fumigation and the necessary1397
knowledge and ability to recognize and control those hazardous conditions which may1398
affect human life and health.  The commission may refuse to examine anyone convicted1399 23 LC 36 5513S
- 55 -
of a crime involving moral turpitude directly related felony or directly related covered1400
misdemeanor.1401
(2)  The commission shall refuse to examine an applicant on the basis of a criminal1402
conviction or adjudication only if the conviction or adjudication directly relates to the1403
role of an operator.  In determining if a criminal conviction or adjudication directly1404
relates to the role of a pest control operator, the commission shall consider:1405
(A)  The nature and seriousness of the crime and the direct relationship of the criminal1406
conduct to the duties and responsibilities of the operator;1407
(B)  The age of the individual at the time such crime was committed;1408
(C)  The length of time elapsed since such crime was committed;1409
(D)  All circumstances relative to such crime, including, but not limited to, mitigating1410
circumstances or social conditions surrounding the commission of the offense; and1411
(E)  Evidence of rehabilitation and present fitness to perform the duties of the1412
occupation for which the certificate is sought or held, including, but not limited to:1413
(i)  The completion of the criminal sentence;1414
(ii)  A program and treatment certificate issued by the Board of Corrections;1415
(iii)  Completion of, or active participation in, a rehabilitative drug or alcohol1416
treatment program;1417
(iv)  Testimonials and recommendations, which may include a progress report from1418
the individual's probation or parole officer;1419
(v)  Education and training;1420
(vi)  Employment history;1421
(vii)  Employment aspirations;1422
(viii)  The individual's current family or community responsibilities, or both;1423
(ix)  Whether a bond is required to practice the occupation;1424
(x)  Any affidavits or other written documents, including, but not limited to, character1425
references; and1426 23 LC 36 5513S
- 56 -
(xi)  Any other information regarding rehabilitation the individual submits to the1427
commission.1428
(3)  In determining whether to refuse to examine an applicant, the commission shall not1429
consider nor require an individual to disclose:1430
(A)  A deferred adjudication, first offender treatment, participation in a diversion1431
program, a conditional discharge, or an arrest not followed by a conviction;1432
(B)  A conviction for which no sentence of incarceration can be imposed;1433
(C)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1434
pardoned;1435
(D)  A juvenile adjudication;1436
(E)  A misdemeanor conviction older than five years, unless the offense of conviction1437
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1438
(F)  A conviction older than five years for which the individual was not incarcerated,1439
or a conviction for which the individual's incarceration ended more than five years1440
before the date of the commission's consideration, except for a felony conviction related1441
to:1442
(i)  A criminal sexual act;1443
(ii)  Criminal fraud or embezzlement;1444
(iii)  Aggravated assault;1445
(iv)  Aggravated robbery;1446
(v)  Aggravated abuse, neglect, or endangerment of a child;1447
(vi)  Arson;1448
(vii)  Carjacking;1449
(viii)  Kidnapping; or1450
(ix)  Manslaughter, homicide, or murder.1451
(4)(A)  Notwithstanding any other provision of law, an individual with a criminal1452
record may petition the commission at any time, including while incarcerated and1453 23 LC 36 5513S
- 57 -
before starting or completing any required professional qualifications for certification,1454
for a predetermination as to whether the individual's criminal record will disqualify1455
such individual from obtaining a certification as an operator.1456
(B)  The petition for predetermination shall include the individual's criminal record or1457
authorize the commission to obtain the individual's criminal record.  The petitioning1458
individual need not disclose any offenses falling under paragraph (3) of this subsection.1459
The petition shall also include any information the petitioner chooses to submit1460
concerning the circumstances of their record and their rehabilitation.1461
(C)  In considering predetermination petitions, the commission shall apply the direct1462
relationship standard in paragraph (2) of this subsection and shall not consider any1463
offenses falling under paragraph (3) of this subsection.  The commission shall support1464
any adverse predetermination with clear and convincing evidence.1465
(D)  A predetermination made under this subsection that a petitioner is eligible for a1466
license shall be binding on the commission only if the petitioner applies for1467
certification, fulfills all other requirements for operator certification, and the petitioner's1468
submitted criminal record was correct and remains unchanged at the time of his or her1469
application for certification.1470
(E)  If a petitioner's criminal record includes matters that may disqualify the petitioner1471
from certification, the commission shall notify the petitioner of the potentially1472
disqualifying convictions.  The letter of concern shall advise the petitioner of their1473
opportunity to submit additional evidence of rehabilitation and mitigation or for a1474
hearing, or both.1475
(F)  The commission may predetermine that the petitioner's criminal record is likely1476
grounds for denial of certification only after the commission has held a hearing on the1477
petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1478
Administrative Procedure Act.'  The hearing shall be held in person, by remote video,1479
or by teleconference within 60 days of receipt of the predetermination petition.  The1480 23 LC 36 5513S
- 58 -
individual shall have the opportunity to include character witnesses at the hearing,1481
including but not limited to family members, friends, past or prospective employers,1482
probation or parole officers, and rehabilitation counselors, who may offer their verbal1483
or written support.  The commission shall not make an adverse inference by a1484
petitioner's decision to forgo a hearing or character witnesses.  The commission shall1485
issue a final decision within 60 days of complete submission of the issue for1486
consideration or the hearing, whichever is later.1487
(G)  If the commission decides that a predetermination petitioner is ineligible for a1488
license, the board shall notify the petitioner of the following:1489
(i)  The grounds and rationale for the predetermination, including any of the1490
petitioner's specific convictions and the factors provided for in paragraph (3) of this1491
subsection the commission deemed directly relevant;1492
(ii)  An explanation of the process and right to appeal the commission's1493
predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1494
Procedure Act'; and1495
(iii)  Any actions the petitioner may take to remedy the disqualification.  An1496
individual who receives a predetermination of ineligibility may submit a revised1497
petition reflecting completion of the remedial actions.  The individual may submit a1498
new petition to the commission not before one year following a final judgment on1499
their initial petition or upon completing the remedial actions, whichever is earlier.1500
(H)  The denial of a predetermination petition because of the applicant's criminal record1501
shall constitute a contested case as defined in Code Section 50-13-2.  In an1502
administrative hearing or civil action reviewing the denial of a predetermination1503
petition, the commission shall have the burden of proving that the applicant's criminal1504
record directly relates to the licensed occupation."1505 23 LC 36 5513S
- 59 -
PART III1506
SECTION 3-1.1507
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by1508
adding a new paragraph to Code Section 20-2-982.1, relating to definitions relative to1509
professional standards of teachers and other school personnel, to read as follows:1510
"(1.1)  'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of1511
whether an appeal of such finding, verdict, or plea has been sought."1512
SECTION 3-2.1513
Said title is further is amended by revising Code Section 20-2-984.3, relating to preliminary1514
investigation of violations by the Professional Standards Commission, requirement for1515
automatic investigation, and investigation of sexual offenses, as follows:1516
"20-2-984.3.1517
(a)  Upon receipt of a written request from a local board, the state board, or one or more1518
individual residents of this state, the commission shall be authorized to investigate:1519
(1)  Alleged violations by an educator of any law of this state pertaining to educators or1520
the profession of education;1521
(2)  Alleged violations by an educator of the code of ethics of the commission;1522
(3)  Alleged violations by an educator of rules, regulations, or policies of the state board1523
or the commission;1524
(4)  Complaints alleging a failure by an educator to meet or comply with standards of1525
performance of the commission or the state board; or1526
(5)  Complaints alleging that an educator has been convicted of any directly related1527
felony, of any crime involving moral turpitude directly related covered misdemeanor as1528
defined in Code Section 43-1-1, of any other criminal offense involving the manufacture,1529
distribution, trafficking, sale, or possession of a controlled substance or marijuana as1530 23 LC 36 5513S
- 60 -
provided for in Chapter 13 of Title 16, or of any other sexual offense as provided for in1531
Code Sections 16-6-1 through 16-6-17 or Code Section 16-6-20, 16-6-22.2, or 16-12-1001532
in the courts of this state or any other state, territory, or country or in the courts of the1533
United States.  As used in this paragraph, the term 'convicted' shall include a finding or1534
verdict of guilty or a plea of nolo contendere, regardless of whether an appeal of the1535
conviction has been sought; a situation where first offender treatment without1536
adjudication of guilt pursuant to the charge was granted; and a situation where an1537
adjudication of guilt or sentence was otherwise withheld or not entered on the charge or1538
the charge was otherwise disposed of in a similar manner in any jurisdiction.1539
(b)  The commission shall decide whether to conduct a preliminary investigation pursuant1540
to this Code section within 30 days of the request unless an extension is granted pursuant1541
to the procedure outlined in subsection (b) of Code Section 20-2-984.5.  The commission1542
may appoint a committee of its membership with the power to transact and carry out the1543
business and duties of the commission when deciding whether to conduct a preliminary1544
investigation.1545
(b.1)  In investigating whether to deny, diminish, limit, suspect, revoke, refuse to renew,1546
or otherwise withhold a certificate, the commission shall not consider nor require an1547
educator to disclose:1548
(1)  A deferred adjudication, first offender treatment, participation in a diversion1549
program, a conditional discharge, or an arrest not followed by a conviction;1550
(2)  A conviction for which no sentence of incarceration can be imposed;1551
(3)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1552
pardoned;1553
(4)  A juvenile adjudication;1554
(5)  A misdemeanor conviction older than five years, unless the offense of conviction is1555
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1556 23 LC 36 5513S
- 61 -
(6)  A conviction older than five years for which the individual was not incarcerated, or1557
a conviction for which the individual's incarceration ended more than five years before1558
the date of the commission's consideration, except for a felony conviction related to:1559
(A)  A criminal sexual act;1560
(B)  Criminal fraud or embezzlement;1561
(C)  Aggravated assault;1562
(D)  Aggravated robbery;1563
(E)  Aggravated abuse, neglect, or endangerment of a child;1564
(F)  Arson;1565
(G)  Carjacking;1566
(H)  Kidnapping; or1567
(I)  Manslaughter, homicide, or murder.1568
(c)  When an educator admits on a Professional Standards Commission application to1569
having resigned or being discharged for committing a felony or misdemeanor involving1570
moral turpitude covered misdemeanor as defined in Code Section 43-1-1 or being under1571
investigation by law enforcement authorities for such conduct or for committing a breach1572
of the code of ethics or for a violation of state education laws or having a criminal history1573
record or having had a surrender, denial, revocation, or suspension of a certificate or being1574
the subject of an investigation or adverse action regarding a certificate, an investigation1575
will automatically open without notification to the commission and with written1576
notification to the educator.1577
(c.1)  Notwithstanding subsection (c) of this Code section, the commission shall not1578
consider nor require an educator to disclose on a Professional Standards Commission1579
application:1580
(1)  A deferred adjudication, first offender treatment, participation in a diversion1581
program, a conditional discharge, or an arrest not followed by a conviction;1582
(2)  A conviction for which no sentence of incarceration can be imposed;1583 23 LC 36 5513S
- 62 -
(3)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1584
pardoned;1585
(4)  A juvenile adjudication;1586
(5)  A misdemeanor conviction older than five years, unless the offense of conviction is1587
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1588
(6)  A conviction older than five years for which the individual was not incarcerated, or1589
a conviction for which the individual's incarceration ended more than five years before1590
the date of the commission's consideration, except for a felony conviction related to:1591
(A)  A criminal sexual act;1592
(B)  Criminal fraud or embezzlement;1593
(C)  Aggravated assault;1594
(D)  Aggravated robbery;1595
(E)  Aggravated abuse, neglect, or endangerment of a child;1596
(F)  Arson;1597
(G)  Carjacking;1598
(H)  Kidnapping; or1599
(I)  Manslaughter, homicide, or murder.1600
(d)  Notwithstanding the requirements of this Code section, the staff of the commission1601
shall be authorized, without notification to the commission, to immediately open an1602
investigation submitted to the commission by a local school superintendent, with approval1603
of the local board of education, of a complaint by a student against an educator alleging a1604
sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17 or Code Section1605
16-6-20, 16-6-22.2, or 16-12-100.1606
(e)(1)  Notwithstanding any other provision of law, an individual with a criminal record1607
may petition the commission at any time, including while incarcerated and before starting1608
or completing any required professional qualifications for certification, for a1609 23 LC 36 5513S
- 63 -
predetermination as to whether the individual's criminal record will disqualify him or her1610
from obtaining a certificate.1611
(2)  The petition for predetermination shall include the individual's criminal record or1612
authorize the board to obtain the individual's criminal record.  The petitioning individual1613
need not disclose any offenses falling under subsection (c.1) of this Code section.  The1614
petition shall also include any information the petitioner chooses to submit concerning1615
the circumstances of their record and their rehabilitation.1616
(3)  In considering predetermination petitions, the commission shall apply the direct1617
relationship standard provided for in subsection (a.1) of Code Section 20-2-984.5 and1618
shall not consider any offenses falling under subsection (c.1) of this Code section.  The1619
commission shall support any adverse predetermination with clear and convincing1620
evidence.1621
(4)  A predetermination made under this subsection that a petitioner is eligible for a1622
certificate shall be binding on the commission only if the petitioner applies for1623
certification, fulfills all other requirements for the certificate, and the petitioner's1624
submitted criminal record was correct and remains unchanged at the time of his or her1625
application for a certificate.1626
(5)  If a petitioner's criminal record includes matters that may disqualify the petitioner1627
from certification, the commission shall notify the petitioner of the potentially1628
disqualifying convictions.  The letter of concern shall advise the petitioner of their1629
opportunity to submit additional evidence of rehabilitation and mitigation or for a1630
hearing, or both.1631
(6)  The commission may predetermine that the petitioner's criminal record is likely1632
grounds for denial of a license only after the commission has held a hearing on the1633
petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1634
Administrative Procedure Act.'  The hearing shall be held in person, by remote video, or1635
by teleconference within 60 days of receipt of the predetermination petition.  The1636 23 LC 36 5513S
- 64 -
individual shall have the opportunity to include character witnesses at the hearing,1637
including but not limited to family members, friends, past or prospective employers,1638
probation or parole officers, and rehabilitation counselors, who may offer their verbal or1639
written support.  The commission shall not make an adverse inference by a petitioner's1640
decision to forgo a hearing or character witnesses.  The commission shall issue a final1641
decision within 60 days of complete submission of the issue for consideration or the1642
hearing, whichever is later.1643
(7)  If the commission decides that a predetermination petitioner is ineligible for a1644
certificate, the board shall notify the petitioner of the following:1645
(A)  The grounds and rationale for the predetermination, including any specific1646
convictions and the factors in subsection (a.1) of Code Section 20-2-984.5 the1647
commission deemed directly relevant;1648
(B)  An explanation of the process and right to appeal the commission's1649
predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1650
Procedure Act'; and1651
(C)  Any actions the petitioner may take to remedy the disqualification.  An individual1652
who receives a predetermination of ineligibility may submit a revised petition reflecting1653
completion of the remedial actions.  The individual may submit a new petition to the1654
commission not before one year following a final judgment on their initial petition or1655
upon completing the remedial actions, whichever is earlier.1656
(8)  The denial of a predetermination petition because of the applicant's criminal record1657
shall constitute a contested case as defined in Code Section 50-13-2.  In an administrative1658
hearing or civil action reviewing the denial of a predetermination petition, the1659
commission shall have the burden of proving that the applicant's criminal record directly1660
relates to the licensed occupation."1661 23 LC 36 5513S
- 65 -
SECTION 3-3.1662
Said title is further amended in Code Section 20-2-984.5, relating to preliminary1663
investigations of educators, disciplinary actions, and hearings by the Professional Standards1664
Commission, by adding two new subsections to read as follows:1665
"(a.1)  The commission shall recommend disciplinary action on the basis of a criminal1666
conviction only if the conviction or adjudication directly relates to the role of an educator.1667
In determining if a criminal conviction directly relates to the role of an educator, the1668
commission shall consider:1669
(1)  The nature and seriousness of the crime and the direct relationship of the criminal1670
conduct to the duties and responsibilities of the educator;1671
(2)  The age of the individual at the time such crime was committed;1672
(3)  The length of time elapsed since such crime was committed;1673
(4)  All circumstances relative to such crime, including, but not limited to, mitigating1674
circumstances or social conditions surrounding the commission of the offense; and1675
(5)  Evidence of rehabilitation and present fitness to perform the duties of the occupation1676
for which the certificate is sought or held, including, but not limited to:1677
(A)  The completion of the criminal sentence;1678
(B)  A program and treatment certificate issued by the Board of Corrections;1679
(C)  Completion of, or active participation in, a rehabilitative drug or alcohol treatment1680
program;1681
(D)  Testimonials and recommendations, which may include a progress report from the1682
individual's probation or parole officer;1683
(E)  Education and training;1684
(F)  Employment history;1685
(G)  Employment aspirations;1686
(H)  The individual's current family or community responsibilities, or both;1687
(I)  Whether a bond is required to practice the occupation;1688 23 LC 36 5513S
- 66 -
(J)  Any affidavits or other written documents, including, but not limited to, character1689
references; and1690
(K)  Any other information regarding rehabilitation the individual submits to the1691
commission.1692
(a.2)  In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or1693
otherwise withhold a license, the commission or investigator shall not consider nor require1694
an individual to disclose:1695
(1)  A deferred adjudication, first offender treatment, participation in a diversion1696
program, a conditional discharge, or an arrest not followed by a conviction;1697
(2)  A conviction for which no sentence of incarceration can be imposed;1698
(3)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1699
pardoned;1700
(4)  A juvenile adjudication;1701
(5)  A misdemeanor conviction older than five years, unless the offense of conviction is1702
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1703
(6)  A conviction older than five years for which the individual was not incarcerated, or1704
a conviction for which the individual's incarceration ended more than five years before1705
the date of the commission's consideration, except for a felony conviction related to:1706
(A)  A criminal sexual act;1707
(B)  Criminal fraud or embezzlement;1708
(C)  Aggravated assault;1709
(D)  Aggravated robbery;1710
(E)  Aggravated abuse, neglect, or endangerment of a child;1711
(F)  Arson;1712
(G)  Carjacking;1713
(H)  Kidnapping; or1714
(I)  Manslaughter, homicide, or murder."1715 23 LC 36 5513S
- 67 -
PART IV1716
SECTION 4-1.1717
Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics,1718
is amended by revising subsection (a) of Code Section 26-4-41, relating to qualifications for1719
pharmacist licenses, examination, and internships and other training programs, as follows:1720
"(a)  Qualifications. To obtain a license to engage in the practice of pharmacy, an1721
applicant for licensure by examination shall:1722
(1)  Have submitted an application in the form prescribed by the board;1723
(2)  Have attained the age of majority;1724
(3)  Be of good moral character;1725
(4)(3) Have graduated and received a professional undergraduate degree from a college1726
or school of pharmacy as the same may be approved by the board; provided, however,1727
that, since it would be impractical for the board to evaluate a school or college of1728
pharmacy located in another country, the board may accept a graduate from such a school1729
or college so long as the graduate has completed all requirements of the Foreign1730
Pharmacy Equivalency Certification Program administered by the National Association1731
of Boards of Pharmacy.  This shall include successful completion of all required1732
examinations and the issuance of the equivalency certificate and be based upon an1733
individual evaluation by the board of the applicant's educational experience, professional1734
background, and proficiency in the English language;1735
(5)(4) Have completed an internship or other program that has been approved by the1736
board or demonstrated to the board's satisfaction that experience in the practice of1737
pharmacy which meets or exceeds the minimum internship requirements of the board;1738
(6)(5) Have successfully passed an examination or examinations approved by the board;1739
and1740 23 LC 36 5513S
- 68 -
(7)(6) Have paid the fees specified by the board for the examination and any related1741
materials and have paid for the issuance of the license."1742
SECTION 4-2.1743
Said title is further amended in Code Section 26-4-60, relating to grounds for suspension,1744
revocation or refusal to grant pharmacist licenses, by revising paragraph (3) of subsection (a)1745
as follows:1746
"(3)  Except as prohibited in Code Section 26-4-60.1, for being Being:1747
(A)  Convicted of a felony;1748
(B)  Convicted of any crime involving moral turpitude covered misdemeanor, as1749
defined in Code Section 43-1-1, in this state or any other state, territory, or country or1750
in the courts of the United States; or1751
(C)  Convicted or guilty of violations of the pharmacy or drug laws of this state, or rules1752
and regulations pertaining thereto, or of laws, rules, and regulations of any other state,1753
or of the federal government;"1754
SECTION 4-3.1755
Said title is further amended by adding two new Code sections to read as follows:1756
"26-4-60.1.1757
(a)  Notwithstanding paragraph (3) of subsection (a) of Code Section 26-4-60, the board1758
of pharmacy shall refuse to grant a license to an individual or shall revoke a license only1759
if a conviction directly relates to the occupation for which the license is sought or held and1760
granting the license would pose a direct and substantial risk to public safety because the1761
individual has not been rehabilitated to safely perform the duties and responsibilities of the1762
practice of pharmacy.  In determining if a conviction directly relates to the occupation for1763
which the license is sought or held, the board of pharmacy shall consider:1764 23 LC 36 5513S
- 69 -
(1)  The nature and seriousness of the offense and the direct relationship of the criminal1765
conduct to the duties and responsibilities of the occupation for which the license is sought1766
or held;1767
(2)  The age of the individual at the time the offense was committed;1768
(3)  The length of time elapsed since the offense was committed;1769
(4)  All circumstances relative to the offense, including, but not limited to, mitigating1770
circumstances or social conditions surrounding the commission of the offense; and1771
(5)  Evidence of rehabilitation and present fitness to perform the duties of the occupation1772
for which the license is sought or held, including, but not limited to:1773
(A)  The completion of the criminal sentence;1774
(B)  A program and treatment certificate issued by the Board of Corrections;1775
(C)  Completion of, or active participation in, a rehabilitative drug or alcohol treatment1776
program;1777
(D)  Testimonials and recommendations, which may include a progress report from the1778
individual's probation or parole officer;1779
(E)  Education and training;1780
(F)  Employment history;1781
(G)  Employment aspirations;1782
(H)  The individual's current family or community responsibilities, or both;1783
(I)  Whether a bond is required to practice the occupation;1784
(J)  Any affidavits or other written documents, including, but not limited to, character1785
references; and1786
(K)  Any other information regarding rehabilitation the individual submits to the board.1787
(b)  In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or1788
otherwise withhold a license due to criminal record, the board of pharmacy shall not1789
consider nor require an individual to disclose:1790 23 LC 36 5513S
- 70 -
(1)  A deferred adjudication, first offender treatment, participation in a diversion1791
program, a conditional discharge, or an arrest not followed by a conviction;1792
(2)  A conviction for which no sentence of incarceration can be imposed;1793
(3)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1794
pardoned;1795
(4)  A juvenile adjudication;1796
(5)  A misdemeanor conviction older than five years, unless the offense of conviction is1797
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1798
(6)  A conviction older than five years for which the individual was not incarcerated, or1799
a conviction for which the individual's incarceration ended more than five years before1800
the date of the board's consideration, except for a felony conviction related to:1801
(A)  A criminal sexual act;1802
(B)  Criminal fraud or embezzlement;1803
(C)  Aggravated assault;1804
(D)  Aggravated robbery;1805
(E)  Aggravated abuse, neglect, or endangerment of a child;1806
(F)  Arson;1807
(G)  Carjacking;1808
(H)  Kidnapping;1809
(I)  Manslaughter, homicide, or murder; or1810
(J)  Distribution, manufacturing, or possession of a controlled substance.1811
26-4-60.2.1812
(a)  Notwithstanding any other provision of law, an individual with a criminal record may1813
petition the board of pharmacy at any time, including while incarcerated and before starting1814
or completing any required professional qualifications for licensure, for a predetermination1815 23 LC 36 5513S
- 71 -
as to whether the individual's criminal record will disqualify him or her from obtaining a1816
license.1817
(b)  The petition for predetermination shall include the individual's criminal record or1818
authorize the board to obtain the individual's criminal record.  The petitioning individual1819
need not disclose any offenses falling under subsection (b) of Code Section 20-4-60.1.  The1820
petition shall also include any information the petitioner chooses to submit concerning the1821
circumstances of their record and their rehabilitation.1822
(c)  In considering predetermination petitions, the board shall apply the direct relationship1823
standard in subsection (a) of Code Section 26-4-60.1 and shall not consider any offenses1824
falling under subsection (b) of Code Section 26-4-60.1.  The board shall support any1825
adverse predetermination with clear and convincing evidence.1826
(d)  A predetermination made under this subsection that a petitioner is eligible for a license1827
shall be binding on the board only if the petitioner applies for licensure, fulfills all other1828
requirements for the licensure, and the petitioner's submitted criminal record was correct1829
and remains unchanged at the time of his or her application for a license.1830
(e)  If a petitioner's criminal record includes matters that may disqualify the petitioner from1831
licensure, the board shall notify the petitioner of the potentially disqualifying convictions.1832
The letter of concern shall advise the petitioner of their opportunity to submit additional1833
evidence of rehabilitation and mitigation or for a hearing, or both.1834
(f)  The board may predetermine that the petitioner's criminal record is likely grounds for1835
denial of a license only after the board has held a hearing on the petitioner's eligibility in1836
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'  The1837
hearing shall be held in person, by remote video, or by teleconference within 60 days of1838
receipt of the predetermination petition.  The individual shall have the opportunity to1839
include character witnesses at the hearing, including but not limited to family members,1840
friends, past or prospective employers, probation or parole officers, and rehabilitation1841
counselors, who may offer their verbal or written support.  The board shall not make an1842 23 LC 36 5513S
- 72 -
adverse inference by a petitioner's decision to forgo a hearing or character witnesses.  The1843
board shall issue a final decision within 60 days of complete submission of the issue for1844
consideration or the hearing, whichever is later.1845
(g)  If the board decides that a predetermination petitioner is ineligible for a license, the1846
board shall notify the petitioner of the following:1847
(1)  The grounds and rationale for the predetermination, including the specific1848
convictions and the factors in paragraph (1) of subsection (a) of this Code section the1849
board deemed directly relevant;1850
(2)  An explanation of the process and right to appeal the board's predetermination1851
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and1852
(3)  Any actions the petitioner may take to remedy the disqualification.  An individual1853
who receives a predetermination of ineligibility may submit a revised petition reflecting1854
completion of the remedial actions.  The individual may submit a new petition to the1855
board not before one year following a final judgment on their initial petition or upon1856
completing the remedial actions, whichever is earlier.1857
(h)  The denial of a predetermination petition because of the applicant's criminal record1858
shall constitute a contested case as defined in Code Section 50-13-2.  In an administrative1859
hearing or civil action reviewing the denial of a predetermination petition, the board shall1860
have the burden of proving that the applicant's criminal record directly relates to the1861
licensed occupation."1862
PART V1863
SECTION 5-1.1864
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code1865
Section 31-7-351, relating to definitions relative to the Georgia long-term care background1866
check program, by revising paragraph (5) as follows:1867 23 LC 36 5513S
- 73 -
"(5)(A)  'Criminal record' means any of the following:1868
(i)  Conviction of a crime;1869
(ii)  Arrest, charge, and sentencing for a crime when:1870
(I)  A plea of nolo contendere was entered to the crime;1871
(II)  First offender treatment without adjudication of guilt was granted to the crime;1872
or1873
(III)  Adjudication or sentence was otherwise withheld or not entered for the crime;1874
or1875
(iii)  Arrest and charges for a crime if the charge is pending, unless the time for1876
prosecuting such crime has expired pursuant to Chapter 3 of Title 17.1877
(B)  Such term shall not include an owner, applicant, or employee for which at least ten1878
years have elapsed from the date of his or her criminal background check since the1879
completion of all of the terms of his or her sentence dates of conviction or adjudication;1880
such term also shall not include an owner, applicant, or employee who has received a1881
general pardon from the State Board of Pardons and Paroles for the convictions;1882
provided, however, that such ten-year period exemption or and pardon exemption shall1883
never apply to any crime identified in subsection (j) of Code Section 42-8-60."1884
PART VI1885
SECTION 6-1.1886
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code1887
Section 33-23-21, relating to grounds for refusal, suspension, or revocation of insurance1888
agent licenses, by revising paragraphs (15) and (16) as follows:1889
"(15)  Except as otherwise provided in Code Section 33-23-21.2, has Has been convicted1890
of any felony or of any crime involving moral turpitude covered misdemeanor as defined1891
in Code Section 43-1-1 in the courts of this state or any other state, territory, or country1892 23 LC 36 5513S
- 74 -
or in the courts of the United States; as used in this paragraph and paragraph (16) of this1893
subsection, the term 'felony' shall include any offense which, if committed in this state,1894
would be deemed a felony, without regard to its designation elsewhere; and, as used in1895
this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea1896
of guilty, regardless of whether an appeal of the conviction has been sought;1897
(16)  Except as otherwise provided in Code Section 33-23-21.2, has Has been arrested,1898
charged, and sentenced for the commission of any directly related felony, or any crime1899
involving moral turpitude directly related covered misdemeanor as defined in Code1900
Section 43-1-1, where:1901
(A)  First offender treatment without adjudication of guilt pursuant to the charge was1902
granted; or1903
(B)  An adjudication of guilt or sentence was otherwise withheld or not entered on the1904
charge.1905
The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating1906
to probation of first offenders, or other first offender treatment shall be conclusive1907
evidence of arrest and sentencing for such crime;"1908
SECTION 6-2.1909
Said title is further amended by adding two new Code sections to read as follows:1910
"33-23-21.2.1911
(a)  Notwithstanding paragraphs (15) and (16) of Code Section 33-23-21, the1912
Commissioner shall refuse to grant a license to an individual or shall revoke a license only1913
if a conviction directly relates to the occupation for which the license is sought or held and1914
granting the license would pose a direct and substantial risk to public safety because the1915
individual has not been rehabilitated to safely perform the duties and responsibilities of a1916
licensee.  In determining if a conviction directly relates to the occupation for which the1917
license is sought or held, the Commissioner shall consider:1918 23 LC 36 5513S
- 75 -
(1)  The nature and seriousness of the offense and the direct relationship of the criminal1919
conduct to the duties and responsibilities of the occupation for which the license is sought1920
or held;1921
(2)  The age of the individual at the time the offense was committed;1922
(3)  The length of time elapsed since the offense was committed;1923
(4)  All circumstances relative to the offense, including, but not limited to, mitigating1924
circumstances or social conditions surrounding the commission of the offense; and1925
(5)  Evidence of rehabilitation and present fitness to perform the duties of the occupation1926
for which the license is sought or held, including, but not limited to:1927
(A)  The completion of the criminal sentence;1928
(B)  A program and treatment certificate issued by the Board of Corrections;1929
(C)  Completion of, or active participation in, a rehabilitative drug or alcohol treatment1930
program;1931
(D)  Testimonials and recommendations, which may include a progress report from the1932
individual's probation or parole officer;1933
(E)  Education and training;1934
(F)  Employment history;1935
(G)  Employment aspirations;1936
(H)  The individual's current family or community responsibilities, or both;1937
(I)  Whether a bond is required to practice the occupation;1938
(J)  Any affidavits or other written documents, including, but not limited to, character1939
references; and1940
(K)  Any other information regarding rehabilitation the individual submits to the1941
Commissioner.1942
(b)  In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or1943
otherwise withhold a license due to criminal record, the Commissioner shall not consider1944
nor require an individual to disclose:1945 23 LC 36 5513S
- 76 -
(1)  A deferred adjudication, first offender treatment, participation in a diversion1946
program, a conditional discharge, or an arrest not followed by a conviction;1947
(2)  A conviction for which no sentence of incarceration can be imposed;1948
(3)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1949
pardoned;1950
(4)  A juvenile adjudication;1951
(5)  A misdemeanor conviction older than five years, unless the offense of conviction is1952
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1953
(6)  A conviction older than five years for which the individual was not incarcerated, or1954
a conviction for which the individual's incarceration ended more than five years before1955
the date of the Commissioner's consideration, except for a felony conviction related to:1956
(A)  A criminal sexual act;1957
(B)  Criminal fraud or embezzlement;1958
(C)  Aggravated assault;1959
(D)  Aggravated robbery;1960
(E)  Aggravated abuse, neglect, or endangerment of a child;1961
(F)  Arson;1962
(G)  Carjacking;1963
(H)  Kidnapping; or1964
(I)  Manslaughter, homicide, or murder.1965
33-23-21.3.1966
(a)  Notwithstanding any other provision of law, an individual with a criminal record may1967
petition the Commissioner at any time, including while incarcerated and before starting or1968
completing any required professional qualifications for licensure, for a predetermination1969
as to whether the individual's criminal record will disqualify him or her from obtaining a1970
license.1971 23 LC 36 5513S
- 77 -
(b)  The petition for predetermination shall include the individual's criminal record or1972
authorize the Commissioner to obtain the individual's criminal record.  The petitioning1973
individual need not disclose any offenses falling under subsection (b) of Code Section1974
33-23-21.2.  The petition shall also include any information the petitioner chooses to1975
submit concerning the circumstances of their record and their rehabilitation.1976
(c)  In considering predetermination petitions, the Commissioner shall apply the direct1977
relationship standard in subsection (a) of Code Section 33-23-21.2.  The Commissioner1978
shall support any adverse predetermination with clear and convincing evidence.1979
(d)  A predetermination made under this subsection that a petitioner is eligible for a license1980
shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills1981
all other requirements for the licensure, and the petitioner's submitted criminal record was1982
correct and remains unchanged at the time of his or her application for a license.1983
(e)  If a petitioner's criminal record includes matters that may disqualify the petitioner from1984
licensure, the Commissioner shall provide notice and opportunity for a hearing in1985
accordance with Chapter 2 of this title.1986
(f)  If, after notice and the opportunity for a hearing, the Commissioner decides that a1987
predetermination petitioner is ineligible for a license, the Commissioner shall notify the1988
petitioner of the following:1989
(1)  The grounds and rationale for the predetermination, including the specific1990
convictions and the factors in subsection (a) of Code Section 33-23-21.2 the1991
Commissioner deemed directly relevant;1992
(2)  An explanation of the process and right to appeal the Commissioner's1993
predetermination decision; and1994
(3)  Any actions the petitioner may take to remedy the disqualification.  An individual1995
who receives a predetermination of ineligibility may submit a revised petition reflecting1996
completion of the remedial actions.  The individual may submit a new petition to the1997 23 LC 36 5513S
- 78 -
Commissioner not before one year following a final judgment on their initial petition or1998
upon completing the remedial actions, whichever is earlier."1999
SECTION 6-3.2000
Said title is further amended by adding two new Code sections to read as follows:2001
"33-23-43.11.2002
(a)  Notwithstanding paragraph (9) of subsection (a) of Code Section 33-23-43.10, the2003
Commissioner shall refuse to grant a license to an individual or shall revoke a license only2004
if a conviction directly relates to the occupation for which the license is sought or held and2005
granting the license would pose a direct and substantial risk to public safety because the2006
individual has not been rehabilitated to safely perform the duties and responsibilities of a2007
licensee.  In determining if a conviction directly relates to the occupation for which the2008
license is sought or held, the Commissioner shall consider:2009
(1)  The nature and seriousness of the offense and the direct relationship of the criminal2010
conduct to the duties and responsibilities of the occupation for which the license is sought2011
or held;2012
(2)  The age of the individual at the time the offense was committed;2013
(3)  The length of time elapsed since the offense was committed;2014
(4)  All circumstances relative to the offense, including, but not limited to, mitigating2015
circumstances or social conditions surrounding the commission of the offense; and2016
(5)  Evidence of rehabilitation and present fitness to perform the duties of the occupation2017
for which the license is sought or held, including, but not limited to:2018
(A)  The completion of the criminal sentence;2019
(B)  A program and treatment certificate issued by the Board of Corrections;2020
(C)  Completion of, or active participation in, a rehabilitative drug or alcohol treatment2021
program;2022 23 LC 36 5513S
- 79 -
(D)  Testimonials and recommendations, which may include a progress report from the2023
individual's probation or parole officer;2024
(E)  Education and training;2025
(F)  Employment history;2026
(G)  Employment aspirations;2027
(H)  The individual's current family or community responsibilities, or both;2028
(I)  Whether a bond is required to practice the occupation;2029
(J)  Any affidavits or other written documents, including, but not limited to, character2030
references; and2031
(K)  Any other information regarding rehabilitation the individual submits to the2032
Commissioner.2033
(b)  In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or2034
otherwise withhold a license due to criminal record, the Commissioner shall not consider2035
nor require an individual to disclose:2036
(1)  A deferred adjudication, first offender treatment, participation in a diversion2037
program, a conditional discharge, or an arrest not followed by a conviction;2038
(2)  A conviction for which no sentence of incarceration can be imposed;2039
(3)  A conviction that has been restricted, sealed, annulled, dismissed, vacated, or2040
pardoned;2041
(4)  A juvenile adjudication;2042
(5)  A misdemeanor conviction older than five years, unless the offense of conviction is2043
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or2044
(6)  A conviction older than five years for which the individual was not incarcerated, or2045
a conviction for which the individual's incarceration ended more than five years before2046
the date of the Commissioner's consideration, except for a felony conviction related to:2047
(A)  A criminal sexual act;2048
(B)  Criminal fraud or embezzlement;2049 23 LC 36 5513S
- 80 -
(C)  Aggravated assault;2050
(D)  Aggravated robbery;2051
(E)  Aggravated abuse, neglect, or endangerment of a child;2052
(F)  Arson;2053
(G)  Carjacking;2054
(H)  Kidnapping; or2055
(I)  Manslaughter, homicide, or murder.2056
33-23-43.12.2057
(a)  Notwithstanding any other provision of law, an individual with a criminal record may2058
petition the Commissioner at any time, including while incarcerated and before starting or2059
completing any required professional qualifications for licensure, for a predetermination2060
as to whether the individual's criminal record will disqualify him or her from obtaining a2061
public adjuster's license.2062
(b)  The petition for predetermination shall include the individual's criminal record or2063
authorize the Commissioner to obtain the individual's criminal record.  The petitioning2064
individual need not disclose any offenses falling under subsection (b) of Code Section2065
33-23-43.11.  The petition shall also include any information the petitioner chooses to2066
submit concerning the circumstances of their record and their rehabilitation.2067
(c)  In considering predetermination petitions, the Commissioner shall apply the direct2068
relationship standard in subsection (a) of Code Section 33-23-43.11.  The Commissioner2069
shall support any adverse predetermination with clear and convincing evidence.2070
(d)  A predetermination made under this subsection that a petitioner is eligible for a license2071
shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills2072
all other requirements for the licensure, and the petitioner's submitted criminal record was2073
correct and remains unchanged at the time of his or  her application for a license.2074 23 LC 36 5513S
- 81 -
(e)  If a petitioner's criminal record includes matters that may disqualify the petitioner from2075
licensure, the Commissioner shall provide notice and opportunity for a hearing in2076
accordance with Chapter 2 of this title.2077
(f)  If, after notice and the opportunity for a hearing, the Commissioner decides that a2078
predetermination petitioner is ineligible for a license, the Commissioner shall notify the2079
petitioner of the following:2080
(1)  The grounds and rationale for the predetermination, including the specific2081
convictions and the factors in subsection (a) of Code Section 33-23-43.11 the2082
Commissioner deemed directly relevant;2083
(2)  An explanation of the process and right to appeal the Commissioner's2084
predetermination decision; and2085
(3)  Any actions the petitioner may take to remedy the disqualification.  An individual2086
who receives a predetermination of ineligibility may submit a revised petition reflecting2087
completion of the remedial actions.  The individual may submit a new petition to the2088
Commissioner not before one year following a final judgment on their initial petition or2089
upon completing the remedial actions, whichever is earlier."2090
PART VII2091
SECTION 7-1.2092
This Act shall become effective on January 1, 2024, and shall apply to all applications for2093
licensure submitted on or after such date.2094
SECTION 7-2.2095
All laws and parts of laws in conflict with this Act are repealed.2096