Rule 80-12-4-.05. Restrictions on Employment and Ownership
Rule 80-12-4-.05. Restrictions on Employment and Ownership
- (1) An MALPB shall not employ an individual that has been convicted of a felony in any jurisdiction. An MALPB shall not have a director, executive officer, or control person that has been convicted of a felony in any jurisdiction.
- (2) An MALPB shall not knowingly have a principal shareholder that has been convicted of a felony in any jurisdiction that involves a financial crime. A holding company of an MALPB or an affiliate of an MALPB shall not knowingly have an executive officer, director, control person, or principal shareholder that has been convicted of a felony in any jurisdiction that involves a financial crime.
- (3) As required by O.C.G.A. § 7-9-7(e), every applicant and MALPB must have commercial background checks performed on all employees. Background checks on all employees must be completed and found satisfactory by the applicant or MALPB prior to the initial date of hire. This provision does not apply to officers, directors, and control persons of applicants or MALPBs whose background has been investigated through the Department and approved by the Department before taking office, beginning employment, or securing ownership.
- (4) Pursuant to O.C.G.A. § 7-9-7(e), applicants and MALPBs shall conduct criminal background checks by utilizing a commercial entity in the business of conducting criminal background checks. The criminal background checks conducted by the commercial entity must not have any time period limitations, geographic limitations, or restrictions in the search criteria, unless the time period limitation, geographic limitation, or other restriction on the background checks is required by applicable federal or state law. Any fees charged by the commercial entity for processing background checks must be paid by the applicant or MALPB.
Authority: O.C.G.A. §§ 7-9-3, 7-9-13.
History. Original Rule entitled "Restrictions on Employment and Ownership" adopted. F. Dec. 3, 2013; eff. Dec. 23, 2013.
Amended: F. June 15, 2015; eff. July 5, 2015.
Amended: F. June 18, 2025; eff. July 8, 2025.