Rule 80-11-4-.08. Restrictions on Employment and Licensing

Rule 80-11-4-.08. Restrictions on Employment and Licensing

1. (1) No person who has been an officer, director, partner or ultimate equitable owner of a licensee that has had its license revoked, denied or suspended, may perform any of those roles at another licensee for five years from the date of the final order.

2. (2) Felony convictions; restrictions on the employee and the licensee:

   1. (a) Licensees are responsible for ensuring that no covered employees or individuals that direct the affairs of their business have been convicted of a felony as set forth in O.C.G.A. § 7-1-1004.
   2. (b) O.C.G.A. § 7-1-1004, provides for remedies to "cure" a felony conviction. These remedies must be completed and in place prior to employment. Hiring or continuing to employ a covered employee with an unremedied felony conviction subjects a licensee to revocation of its license.
   3. (c) If a licensee discovers that a covered employee or director/officer is a felon at the time of hire or subsequently becomes a felon and has not satisfactorily "cured" the conviction, the violation of O.C.G.A. § 7-1-1004, must be immediately corrected or the license will be subject to revocation. Such individuals with felony convictions are ineligible for an employee exemption and are in violation of O.C.G.A. § 7-1-1019, also a felony, and O.C.G.A. §§ 7-1-1004, and 7-1-1002. The licensee employer is in violation of O.C.G.A. §§ 7-1-1004, and 7-1-1002.
   4. (d) A cease and desist order to a person for failure to meet the employee exemption due to a violation of the felony provisions of O.C.G.A. § 7-1-1004, shall become final in 30 days without a hearing. Such a person must show within those 30 days, by certified court documents that the record is erroneous, or that the "cure" provisions in O.C.G.A. § 7-1-1004, were completed prior to employment, in order to stop the order from becoming final. In the event such proof is provided, the order will be rescinded.
3. (3) Cease and desist orders may be issued against persons required to be licensees or against employees of licensees. All of the provisions of O.C.G.A. § 7-1-1018, including injunction, apply to actions against all such persons.
4. (4) The Department may regularly publish information identifying persons and natural persons to whom final administrative actions have been issued.

Authority: O.C.G.A. §§ 7-1-61, 7-1-1004, 7-1-1012, 7-1-1018.

History. Original Rule entitled "Restrictions on Employment and Licensing" adopted. F. July 28, 2003; eff. August 17, 2003.

Amended: F. Aug. 15, 2005; eff. Sept. 4, 2005.

Amended: F. Aug. 15, 2007; eff. Sept. 4, 2007.

Amended: F. Aug. 2, 2011; eff. Aug. 22, 2011.

Amended: F. June 15, 2015; eff. July 5, 2015.

Amended: F. Jan. 8, 2021; eff. Jan. 28, 2021.

Amended: F. July 7, 2022; eff. July 27, 2022.

Amended: F. July 12, 2024; eff. Aug. 1, 2024.

Amended: F. June 18, 2025; eff. July 8, 2025.