Chapter 509-2 LICENSURE AND REGISTRATION

Chapter 509-2 LICENSURE AND REGISTRATION

Rule 509-2-.01 Certificates

(1)	Company licenses issued by the Board shall expire on June 30 of each odd-numbered year.

(2)

A penalty fee as determined by the Board shall be applicable to any applicant renewing their company license after June 30 and through July 31 of the renewal period. Failure to renew a company license by July 31 shall have the same effect as a revocation of said license. Reinstatement of a revoked company license shall be in the discretion of the Board, which may require that a completed application for company licensure, including all applicable fees and other required information to be submitted as if it was a new application. In the discretion of the Board, an applicant for company re-licensure may be required to successfully pass a written examination.

(3)	Employee registration cards and/or weapon permits issued by the Board shall expire on August 31 of each odd-numbered year.

(4)

A penalty fee as determined by the Board shall be applicable to any employee applicant renewing their registration or weapon permit after August 31 and through September 31 of the renewal period. Failure to renew a registration or weapon permit by September 31 shall have the same effect as a revocation of said registration card or weapon permit. Reinstatement of a revoked employee registration or weapon permit shall be in the discretion of the Board, which may require that a completed application for employee registration and/or a completed application for permit to carry firearms, including all applicable fees and other required information to be submitted as if it was a new application.

Rule 509-2-.02 Qualifications

(1)

Any applicant for licensure to operate a private detective company must have at least two (2) years’ experience as a licensed private detective with a licensed detective agency or at least two (2) years’ experience in law enforcement with a federal, state, county, or municipal police department, or has a four (4) year degree in criminal justice or related field from an accredited university.

(2)

Any applicant for licensure to operate a security company must have at least two (2) years full-time experience as a supervisor or administrator in in-house security operations or with a licensed security agency or at least two (2) years’ experience in law enforcement with federal, state, county, or municipal police department, or a four (4) year degree in criminal justice or related field from an accredited university.

(3)

Two (2) years of full-time experience, as used in Rule 509-2-.02(1) & (2), shall mean that an individual was employed at least two (2) years and worked a minimum of 30 hours per week. Experience in law enforcement must meet the definition in O.C.G.A. 35-8-2(8), or the definition of any other state or federal agency with similar criteria.

(4)

The Board shall be responsible for adopting an examination for the licensure of applicants on behalf of private detective and private security companies. The examinations shall be designed to assess candidates' abilities to perform at an acceptable level of practice, which will not be harmful to the public health, safety or welfare.

(a)	The contents of the examination for private detective company licensure shall reflect the scope of practice of the private detective profession, as defined in O.C.G.A. Section 43-38-3(3), or as approved by the Board.

(b)	The contents of the examination for private security company licensure shall reflect the scope of practice of the private security profession, as defined in O.C.G.A. Section 43-38-3(4), of this chapter, or as approved by the Board.

(c)	The Joint - Secretary shall determine the time, location and schedule of examinations, and shall conduct such examinations according to procedures which protect examination security and provide a fair and equitable examination administration for all candidates.

(d)

The Board will provide reasonable modification to a qualified applicant with a disability in accordance with the Americans With Disabilities Act. The request for a modification by an individual with a disability must be made in writing and received in the Board's office by the application deadline, along with appropriate documentation, as indicated in the Request for Disability Modification Guidelines.

(e)

Each candidate for licensure shall submit a completed application form and required fee no later than 45 days prior to the scheduled examination. An incomplete application will not be presented to the board for review and may be returned to the applicant for completion. Upon notification by the board office that an application is incomplete, the applicant must complete the application within 60 days of the notice. Failure to do so will invalidate the application and will require a new application and fee, along with all required documents.

(f)	All applications for examination must be reviewed and approved by the board prior to an examination. Applications must be submitted to the Board's office, at least, 45 days prior to the scheduled examination.

(g)	The passing level for the examination shall be determined by the Board, or a group of experts in the field as approved by the Board to review the questions on each examination.

(h)

An applicant who has failed the licensure examination may retake the examination by completing a reexamination application or submitting a written notice of request to retake the examination and the required reexamination fee to the Board's office no later than 45 days prior to the scheduled examination. The examination cannot be taken more than three times, by an applicant, without submitting a new application and appropriate fee to the Board.

(i)	An applicant scheduled for an examination who fails to appear for three (3) consecutive examinations will not be permitted thereafter to stand the examination until he has submitted a new application and fee.

(j)	The Board shall set the fee for the examinations.

Rule 509-2-.03 Issuance of Licenses and Registrations

(1)

Any applicant for licensure who is filing the application on behalf of a firm, association, company, partnership, or corporation shall be the president or secretary of such company or corporation or a member of such firm, association, or partnership. Said officer or member shall be directly responsible for all operations and must be registered with the Board.

(2)

At any time after the receipt by the Board of all documents and fees required by law or by these rules, and after being satisfied that the applicant has the qualifications set forth by law, and has received the minimum training required by rule, the Board may issue a license or registration card, provided that reports have been received from the state and federal agencies to which the applicant's fingerprint cards have been sent. Should any statement appearing in the application or any other form submitted to the Board by the applicant be demonstrated to be untrue or false, the Board will then, at its earliest opportunity, take appropriate action against the applicant.

(3)

Upon death, resignation or termination of the license holder of the company, the chief officer of the company shall notify the Board within 10 (ten) business days of the absence of the license holder, and shall request a 180-day grace period to operate the company until a qualified license holder can be submitted to the Board for approval with a new application for company license.

(4)	Upon death, resignation or termination of a registrant the licensee (employer) shall notify the Board within 30 days of the termination of employment of any registered employee by mailing to the office of the Division Director the employee's registration and weapon permit cards.

(5)

When any registrant transfers from one employer to another, the employer must make a new application and submit the appropriate fee to the Board. Refer to the fee schedule for fee. The board may issue the registration with weapon permit to such registrant before receiving the results of the criminal background check, based upon a current registration with weapon permit with another employer.

(6)

When any registrant is employed by more than one agency simultaneously, each employer must complete application for registration on behalf of the employee. Each application must be accompanied by the appropriate fee. Refer to the fee schedule for fee. The board may issue the registration with weapon permit to such registrant before receiving the results of the criminal background check, based upon a current registration with weapon permit with another employer.

Rule 509-2-.04 Exposed Weapon Permit

(1)

A permit to carry an exposed weapon may be issued by the Board, in its discretion, upon being satisfied of the applicant's character, competency, and eligibility, if the Board has received all documents and fees required by the licensing laws of this Chapter and has received satisfactory reports on the background investigations on the applicant through the system of identification of the Georgia Bureau of Investigation (GCIC) and Federal Bureau of Investigation (NCIC). The Board, in its discretion, may approve an application for a permit to carry an exposed weapon for a post on a federal installation prior to receiving the reports on the background investigations from GCIC and NCIC, provided that the Board receives from the Federal Protection Agency an official letter of adjudication for work on a federal installation for the employee.

(2)

The Board shall be authorized to suspend any license or registration without a prior hearing, if the applicant makes a false statement in the application or has been convicted of a felony and has not had all his or her civil rights restored pursuant to law, and any weapons permit issued shall stand suspended at the same time as the suspension of the license or registration. Upon request, the licensee or registrant shall be entitled to a hearing on such matter subsequent to the suspension.

Rule 509-2-.05 Concealed Weapon Permit

(1)

A permit to carry a firearm in a concealed manner may be issued by the Board, in its discretion, upon being satisfied of the applicant's character, competency, and eligibility, only if all of the following requirements are met:

(a)

The application is accompanied by a sworn statement from the employer, describing the duties of the applicant and the need to carry the firearm in a concealed manner, together with detailed and complete justification for such request. Any license holder found to have intentionally misrepresented to the Board facts in support of the application for a concealed weapons permit shall be subject to disciplinary action by the Board up to and including revocation of license.

(b)

The Board has received all documents and fees required by the licensing laws of this chapter and has received satisfactory reports on the background investigations on the applicant through the system of identification of the Georgia Bureau of Investigation (GCIC) and the Federal Bureau of Investigation (NCIC).

(2)

Rule 509-2-.06 Consideration of Applications

(1)	In order for a non-examination application to be considered at a forthcoming Board meeting, the application, properly completed, and all supporting documentation, forms, and fees must be submitted at least 10 days prior to the scheduled Board meeting.

(2)	All documentation of experience, including verification of licensure, must be original documents or notarized copies of the original documents.

Rule 509-2-.07 Criminal Convictions

(1)

Upon receipt of an application for employee registration that indicates a prior criminal record, the Board may register such employee who has previously been convicted of a misdemeanor provided that:

(a)	The criminal record does not show evidence of disregard for the law, which may be cause for the Board to deny any application for registration and/or permit to carry firearms.

(2)

Any felony conviction may be cause for the Board to reject an application for employee registration and/or weapon permit. However, 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 conviction and, in its discretion, may allow the employee to be registered.

(3)	Under no circumstances shall the Board issue an exposed or concealed weapon permit to any applicant who has been convicted of a felony without first having been provided with proof of a pardon or restoration of civil rights which specifically states the restoration of the right to carry firearms.

Rule 509-2-.08 Annual Record Checks

For compliance with the Armored Car Industry Reciprocity Act of 1993, affected licensees may elect to have yearly criminal background checks. Affected licensees shall request the appropriate fingerprint cards from the Board's office. It shall be the responsibility of the licensees to pay all costs involved for the criminal history check. The results of the background check must be received in the Board's office no later than December 31st annually.

Rule 509-2-.09 Military Spouses and Transitioning Service Members

(1)

As used in this rule, the following terms shall mean:

a)	"Board" means the Georgia Board of Private Detective and Security Agencies

b)	"License" means any license issued by the Georgia Board of Private Detective and Security Agencies.

c)	"Military" means the United States armed forces, including the National Guard.

d)	"Military spouse" means a spouse of a service member or transitioning service member.

e)	"Service member" means an active or reserve member of the armed forces, including the National Guard.

f)	"Transitioning service member" means a member of the military on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.

(2)

Effective July 1, 2017, military spouses and transitioning service members may qualify for expedited processing of the license application by showing that the applicant is a military spouse or transitioning service member and that the applicant has paid the fee and meets the requirements for a license under the law and rules for the type of license for which the applicant has applied.