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Georgia State Code
Title      31
Chapter       7  
Section Navigation     1 ... 6           7 ... 14    
    15 ... 27         28 ... 37    
    38 ... 56         57 ... 74.3  
    75 ... 81         82 ... 90    
  90.1 ... 111       112 ... 130   
   131 ... 152       153 ... 163   
   164 ... 176.1     177 ... 196   
   197 ... 206         207 ... 257   
   258 ... 282       283 ... 306   
   307 ... 404       405 ... 412     
Section<<< 207 208 250 251 252 253 254 255 256 257 >>>  
Title 31, Chapter 7, Section 250 (31-7-250)

As used in this article, the term:

(1) "Conviction" means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.

(2) "Crime" means a violation of Code Section 16-5-21, relating to aggravated assault; a violation of Code Section 16-5-24, relating to aggravated battery; a violation of Code Section 16-6-1, relating to rape; a violation of Code Section 16-8-2, relating to theft by taking; a violation of Code Section 16-8-3, relating to theft by deception; a violation of Code Section 16-8-4, relating to theft by conversion; a violation of Code Section 16-9-1 or 16-9-2, relating to forgery in the first and second degree, respectively; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; a violation of Code Section 16-8-40, relating to robbery; a violation of Code Section 16-8-41, relating to armed robbery; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.

(3) "Criminal record" means:

(A) Conviction of a crime;

(B) Arrest, charge, and sentencing for a crime where:

(i) A plea of nolo contendere was entered to the charge;

(ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or

(iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or

(C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.

(4) "Director" means the chief administrative or executive officer or manager of a facility.

(5) "Employee" means any person, other than a director, employed by a personal care home to perform at any facilities of the personal care home any duties which involve personal contact between that person and any paying resident of the personal care home.

(6) "Facility" means real property of a personal care home where residents reside.

(7) "Fingerprint records check determination" means a satisfactory or unsatisfactory determination by the department based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. (8) "GCIC" means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.

(9) "GCIC information" means criminal history record information as defined in Code Section 35-3-30.

(10) "License" means the permit or document issued by the department to authorize the personal care home to which it is issued to operate a facility under this chapter.

(11) "Personal care home" or "home" means a home required to be licensed or permitted under Code Section 31-7-12.

(12) "Preliminary records check application" means an application for a preliminary records check determination on forms provided by the department.

(13) "Preliminary records check determination" means a satisfactory or unsatisfactory determination by the department based only upon a comparison of GCIC information with other than fingerprint information regarding the person upon whom the records check is being performed.

(14) "Records check application" means two sets of classifiable fingerprints, a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of a fingerprint records check under this article, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require.

(15) "Regular license" means a permit which will remain in effect for the home, until and unless the facility ceases to operate or revocation proceedings are commenced.

(16) "Satisfactory determination" means a written determination that a person for whom a records check was performed was found to have no criminal record.

(17) "Temporary license" means a provisional permit which expires six months or 12 months from the date of issuance, unless extended for good cause by the department.

(18) "Unsatisfactory determination" means a written determination that a person for whom a records check was performed has a criminal record.

Sunday May 24 19:38 EDT


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