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Georgia State Code
Title      43
Chapter      38  
Section Navigation        1 ... 9          10 ... 16     17      
Section1 2 3 4 5 6 7 7.1 8 9 >>>  
Title 43, Chapter 38, Section 7 (43-38-7)

(a) Any licensee may employ as many agents, guards, watchmen, or patrolmen as he or she deems necessary for the conduct of his or her business, provided that such employees meet the requirements and qualifications for registration under this chapter.

(b)(1) Except as provided in paragraph (2) of this subsection, within 30 days of hiring such agents, operators, assistants, guards, watchmen, or patrolmen, the licensee shall make application to register such employees with the board.

(2) Any guard, watchman, or patrolman who will be unarmed and who will be employed in the private security business shall not be registered by the board but shall be governed by Code Section 43-38-7.1.

(c) Except as otherwise provided in paragraph (2) of subsection (b) of this Code section, upon being satisfied of the employee's character, competency, and eligibility for registration, the board may register such employee if:

(1) The employee is at least 18 years of age;

(2) The employee is a citizen of the United States or a registered resident alien;

(3) The employee is of good moral character;

(4) The employee has not been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude; provided, however, that, if the employee has been convicted of such crime, or has entered a plea of nolo contendere to such crime, or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may allow the employee to be registered;

(5) The employee has not committed an act constituting dishonesty or fraud; and

(6) The employee meets such other qualifications as the board may prescribe by rule.

(d) The application for registration shall be made in writing, under oath, on a form to be furnished by the division director. The application shall state the employee's full name, age, and date and place of birth; residences and employment within the past five years; experience in the position applied for or held; the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or the entry of a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such other information as the board may require. The application for registration shall be accompanied by two sets of fingerprints of the employee and one photograph of the employee, two inches wide by three inches high, full face, taken within six months prior to the application. The board shall have discretion to deny registration to any individual when the information and supporting documentation required by this subsection are not provided.

(e) Upon granting an application for registration pursuant to this Code section, the board shall so notify the employer-licensee. The employer-licensee shall notify the board within 30 days of the termination of employment of any registered employees.

(f) Upon receipt of a registration card issued by the board pursuant to this chapter, the registrant shall maintain said card on his person at all times while on his post or at his place of employment and at all times when the registrant wears a uniform in the course of his employment in the private detective or private security business.

(g) Notwithstanding any other provisions of this Code section, any person who is to be registered under this Code section shall agree in writing on the application that if such person to be registered makes a false statement in the application or if such person has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any registration granted to such applicant without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension.

Friday September 5 21:48 CDT


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