Title 43, Chapter 18, Section 54
( 43-18-54)
(a) Refusal to grant an apprenticeship registration shall not be
deemed to be a contested case under Chapter 13 of Title 50, the
"Georgia Administrative Procedure Act." (b) The board shall be authorized to suspend, revoke, limit, or
refuse to renew a registration of apprenticeship, after notice and
hearing pursuant to Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," upon a finding by a majority of the
board of any of the following: (1) Engaging in any unprofessional, immoral, unethical, deceptive,
or deleterious conduct or practice harmful to the public, which
conduct or practice materially affects the fitness of the
apprentice to practice in the funeral business, or is of a nature
likely to jeopardize the interest of the public, which conduct or
practice need not have resulted in actual injury to any person or
be directly related to the practice of funeral directing or
embalming but shows that the apprentice has committed any act or
omission which is indicative of bad moral character or
untrustworthiness; unprofessional conduct shall also include any
departure from, or failure to conform to, the minimal reasonable
standards of acceptable and prevailing practice of funeral
services; (2) Being on duty as an apprentice while under the influence of
alcohol or illegal drugs; (3) Being unable to practice with reasonable skill and safety to
the public by reason of a physical or mental condition; (4) Being convicted of a felony or of any crime involving moral
turpitude in the courts of this state or any other state,
territory, or country, or in the courts of the United States,
regardless of whether first offender treatment without an
adjudication of guilt was given or whether an adjudication of
guilty or sentence was otherwise withheld or not entered on the
charge. As used in this paragraph, the term "conviction" shall
include a finding or verdict of guilt or plea of guilty or
probation relating to first time offenders; and "felony" shall
include any offense which, if committed in this state, would be
deemed a felony; (5) Disobeying proper orders or instructions of that apprentice's
supervising embalmer, funeral director, or both; (6) Violating any provision of this article or rule or regulation
of the board made pursuant to this article; or (7) Practicing fraud or misrepresentation in obtaining a
certificate of registration as an apprentice or knowingly making
misleading, deceptive, untrue, or fraudulent representations in
the practice of funeral service or on any document connected
therewith while registered as an apprentice. (c) An apprentice who has failed to renew that person's registration
or who has had that person's registration suspended or revoked may,
within one year after such expiration, suspension, or revocation,
make application for registration but no more than two such
applications may be approved by the board. An applicant for
reregistration whose previous apprenticeship was revoked for failure
to renew may be granted full credit for the time previously served
prior to expiration. An applicant for reregistration whose previous
apprenticeship was suspended or revoked upon any of the grounds set
forth in subsection (b) of this Code section, however, may be
granted credit for no more than 75 percent of the time previously
served prior to the disciplinary action. In all other cases
regarding applicants for reregistration, the board may, when the
circumstances warrant, allow an apprentice credit under a
reregistration for time actually served under a previous
registration. |