Rule 140-1-.05. Approval and Disciplinary Procedures

(1) Information exchange and service from GCIC. Agencies and persons shall access and/or obtain information from GCIC upon request and approval from the director as permitted by state or applicable federal law. (2) Notification and resolution of violations. Agency heads shall provide the director with written notification of security violations for CJI committed by employees of their agencies or agencies over which they exercise management control. When the director receives notification of a potential violation, the appropriate agency head shall be informed of the allegation and initiate an investigation. The director and the agency head shall agree on a resolution, based on the results of the investigation, which is documented and signed. The GCIC Council shall review and approve the resolution as the final disposition or request a modification. If the modification is accepted by the director and agency head, the resolution will be considered the final disposition. Suspension proceedings are possible when there is failure to agree on a resolution satisfactory to the GCIC Council and concerned parties. (3) Suspension. The director may cause services rendered by GCIC to be immediately suspended if a satisfactory resolution cannot be reached between the director and the parties concerned. Notification shall be provided to the GCIC Council and concerned parties. (4) Reinstatement. Upon petition, the director may reinstate full or partial service pending a final decision by the GCIC Council, if the reinstatement will not create a security risk. (5) Contested cases. Hearings and appeals regarding refusals by the director to exchange information or provide services pursuant to this Rule shall be conducted pursuant to the Georgia Administrative Procedure Act and the following: (a) Initiating a contested case. Any agency or person legally entitled to contest a refusal to exchange information or provide services under this Rule may do so by filing a request for hearing with the director. The request shall include the name, email, and mailing address of the party filing the request and all other interested parties, a detailed statement of the contested facts, a statement describing the relief sought, and the name, email, and post office address of counsel, if represented by counsel. (b) Limitations on right to hearing. A hearing upon a refusal to exchange information or provide services upon a request for reinstatement of suspended services shall be granted as a matter of right at any time while service suspended. A petition for such a hearing may be denied only when the petition presents no substantial grounds that have not been previously presented. The GCIC Council may, at its discretion, allow extensions of time and amendment of requests for good cause. (c) Responses to hearing request. The GCIC Council will respond to all requests for hearings with scheduling notices or orders denying requests and reasons for denials. (d) Motions. An application to the director or the GCIC Council to enter an order or to act, after filing a request for a hearing, shall be made by motion that shall be in writing stating the specific grounds therefore and setting forth the action or order sought. No motion shall be ruled upon except when the case-in-chief is ruled upon, unless the moving party specifically requests a ruling at some other time and the Council deems such a ruling appropriate. (e) Hearings. Three members of the GCIC Council appointed by the chairman or designee shall conduct hearings in contested cases. Following each hearing, Council members shall notify the director and each party of their findings. Each party shall have twenty (20) days following the issuance of findings to file written exceptions and briefs. At the next scheduled hearing, the director and parties shall have an opportunity to present oral arguments. The Council shall then issue a final decision. (6) Notwithstanding anything previously stated, if it appears that the provisions of O.C.G.A. § 35-3-38 have been violated, the director or the GCIC Council may refer the matter to the appropriate prosecuting authority. Cite as Ga. Comp. R. & Regs. R. 140-1-.05
Authority: O.C.G.A. §§ 35-3-32, 35-3-33; 42 U.S.C. 3771; 28 CFR 20.21.
History. Original Rule entitled "Approval and Disciplinary Procedures" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
Amended: F. Jan. 23, 2026; eff. Feb. 12, 2026.