TITLE 43. PROFESSIONS AND BUSINESSES
CHAPTER 38. OPERATORS OF PRIVATE DETECTIVE BUSINESSES AND
PRIVATE SECURITY BUSINESSES
§ 43-38-1. Short title
This chapter shall be known and may be cited as the "Georgia Private Detective and
Security Agencies Act."
HISTORY: Ga. L. 1973, p. 40, § 1; Ga. L. 1981, p. 1828, § 1.
§ 43-38-2. Declaration of purpose
This chapter is enacted for the purpose of safeguarding the citizens of this state by
regulation of the private detective and private security businesses. The regulation of such
businesses is declared to be in the public interest; and this chapter shall be liberally
construed so as to accomplish the foregoing purpose.
HISTORY: Ga. L. 1981, p. 1828, § 1.
§ 43-38-3. Definitions
As used in this chapter, the term:
(1) "Board" means the Georgia Board of Private Detective and Security Agencies, a
professional licensing board.
(2) "Law enforcement agency" means an agency responsible for ensuring compliance
with the laws and ordinances enacted by federal, state, and local governing authorities.
(3) "Private detective business" means the business of obtaining or furnishing, or
accepting employment to obtain or to furnish, information with reference to:
(A) Crimes or wrongs done or threatened against the United States of America or any
state or territory thereof;
(B) The background, identity, habits, conduct, business, employment, occupation,
assets, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty,
activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation,
or character of any person;
(C) The location, disposition, or recovery of lost or stolen property;
(D) The cause or responsibility for fires, libels, losses, accidents, damage, or injury to
persons or property;
(E) The securing of evidence in the course of the private detective business to be used
before any court, board, officer, or investigating committee; or
(F) The protection of individuals from serious bodily harm or death.
(4) "Private security business" means engaging in the business of, or accepting
employment to provide, any or all of the following:
(A) Private patrol service;
(B) Watchman service;
(C) Guard service;
(D) Armored car service; or
(E) The protection of persons from death or serious bodily harm.
HISTORY: Ga. L. 1973, p. 40, § 2; Ga. L. 1981, p. 1828, § 2; Ga. L. 2000, p. 1161, § 1; Ga. L. 2000, p.
1706, § 15.
§ 43-38-4. Creation of board; members; secretary; records; general powers and duties
(a) There is created the Georgia Board of Private Detective and Security Agencies. The
board shall consist of seven members, each of whom shall be appointed by the Governor.
Each member shall serve for a term of four years. Four members shall be engaged in the
contract private detective or contract private security business and shall have at least four
years of experience in such business immediately preceding their appointment; provided,
however, that on and after October 1, 1987, at least two members shall be engaged in the
contract private security business. Two members shall be engaged in state, county, or
municipal law enforcement and shall have at least four years of experience in
governmental law enforcement immediately preceding their appointment. One member
shall be appointed from the public at large. At the first meeting of the board held each
year, the members shall elect a chairman to serve for one year. The Governor may
remove any member of the board for neglect of duty, incompetence, or other unethical or
dishonorable conduct. After such removal or after the creation of a vacancy due to death,
resignation, or ineligibility, the Governor shall appoint a successor to serve the unexpired
term. Appointees to the board shall, immediately after their appointment, take and
subscribe to a written oath or affirmation required by law for all public officers.
(b) The members of the board shall be reimbursed as provided for in subsection (f) of
Code Section 43-1-2.
(c) The division director shall be the secretary of the board and shall perform such
administrative duties as may be prescribed by the board. All official records of the board
or affidavits by the division director as to the content of such records shall be prima-facie
evidence of all matters required to be kept therein.
(d) In addition to any authority otherwise granted by this chapter and subject to the laws
relating to the division director, the board shall have the following powers and duties:
(1) To determine the qualifications of applicants for licenses or registration under this
chapter;
(2) To investigate alleged violations of this chapter or any rules and regulations adopted
by the board, including the power to conduct inspections of a licensee's employee lists
and training records;
(3) To promulgate all rules and regulations necessary to carry out this chapter;
(4) To establish and enforce standards governing the conduct of persons licensed and
registered under this chapter;
(5) To maintain in its name an action for injunctive or other appropriate legal or
equitable relief to remedy violations of this chapter. In pursuing equitable remedies, it
shall not be necessary that the board allege or prove that it has no adequate remedy at
law. It is declared that violations of this chapter are a menace and a nuisance and are
dangerous to the public health, safety, and welfare;
(6) To recommend to the division director the employment or appointment of such
personnel, including, but not limited to, inspectors, as may be necessary to assist the
board in exercising and performing any and all the powers, duties, and obligations set
forth in this chapter;
(7) To require a licensee to maintain and keep such records as are subject to inspection
under this chapter;
(8) To issue, renew, deny, suspend, or revoke licenses, certificates, registrations, or
permits in a manner consistent with this chapter;
(9) To hold hearings on all matters properly brought before it and, in connection
therewith, to administer oaths, receive evidence, make the necessary determinations, and
enter orders consistent with the findings; and
(10) To develop and apply such techniques which may include examinations as may be
deemed necessary to assure that applicants licensed, registered, or issued weapons
permits have the requisite skills and qualifications.
HISTORY: Ga. L. 1973, p. 40, § 3; Ga. L. 1981, p. 1828, § 3; Ga. L. 1987, p. 1400, § 1; Ga. L. 1994, p.
97, § 43; Ga. L. 2000, p. 1706, § 19.
§ 43-38-5. Licensure and registration of persons practicing for one year on July 1, 1981
Reserved. Repealed by Ga. L. 1987, p. 1400, § 2, effective July 1, 1987.
§ 43-38-6. Licenses; qualifications; criminal records; fingerprints; bond, insurance, or
net worth affidavit; display of license; suspension; temporary permits; license recognition
agreements
(a) Any individual, firm, association, company, partnership, limited liability company,
or corporation desiring to engage in the private detective or private security business in
this state shall make a verified application in writing to the division director for a license
therefor. If the applicant is a firm, association, company, partnership, limited liability
company, or corporation, the person filing the application on behalf of such firm,
association, company, partnership, limited liability company, or corporation shall be a
corporate officer of such corporation or an officer of such firm, association, partnership,
or limited liability company; and such individual shall meet the qualifications set out in
this Code section.
(b) Upon being satisfied of the good character, competency, and integrity of an applicant
for licensure under this chapter or, if the applicant is a firm, association, company,
partnership, limited liability company, or corporation, upon being satisfied of the good
character, competency, and integrity of the corporate officer of such corporation or
officer of such firm, association, partnership, or limited liability company, the board may
grant a license to conduct a private detective or private security business to such
individual, firm, association, company, partnership, limited liability company, or
corporation if:
(1) The applicant is at least 18 years of age;
(2) The applicant is a citizen of the United States or a registered resident alien;
(3) The applicant is of good moral character;
(4) The applicant 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 applicant has been convicted of such crime, or
has entered a plea of nolo contendere, 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
grant a license to such applicant;
(5) The applicant has not committed an act constituting dishonesty or fraud;
(6) The applicant has satisfied the board that his or her private detective or private
security business has a competent training officer and adequate training program with a
curriculum approved by the board or that adequate training will be obtained from such
other source as the board may approve;
(7) The applicant for a private detective company license has had at least two years'
experience as an agent registered with a licensed detective agency, or has had at least two
years' experience in law enforcement, or has a four-year degree in criminal justice or a
related field from an accredited university or college; and the applicant for a security
company license has had at least two years' experience as a supervisor or administrator in
in-house security operations or with a licensed security agency, or has had at least two
years' experience in law enforcement, or has a four-year degree in criminal justice or a
related field from an accredited university or college;
(8) The applicants for private detective company licenses and security company
licenses may be required to pass successfully a written examination as the board may
prescribe; and
(9) The applicant meets such other qualifications as the board may prescribe by rule.
(c) The application for a license shall be made in writing, under oath, on a form to be
furnished by the division director. The application shall state the applicant's full name,
age, date and place of birth; residences and employment within the past five years, with
the names and addresses of employers; present occupation; date and place of conviction
or arrest for any crime, including the plea of nolo contendere or a plea entered pursuant to
Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such additional
information as the board may require to investigate the qualifications, character,
competency, and integrity of the applicant. Each applicant shall submit with the
application two complete sets of fingerprints on forms specified and furnished by the
board and one photograph, two inches wide by three inches high, full face, taken within
six months prior to the application; provided, however, that the board may waive the
submission of fingerprints and photograph for any employee who has been employed by
a person licensed under this chapter within the previous 12 months. The application shall
contain such additional documentation as the board may prescribe by rule. The board
shall have the discretion to deny a license to an applicant who fails to provide the
information and supporting documentation required by this subsection.
(d)(1) In addition to the requirements enumerated in this Code section, each applicant
for a license under this chapter shall provide satisfactory evidence to the board that the
prospective licensee has posted or has made provision for the posting of a bond. The
required bond shall be executed in favor of the state, in the amount of $25,000.00, with a
surety company authorized to do business in this state and conditioned to pay damages
not to exceed the amount of such bond to any person aggrieved by any act of the
principal named in such bond, which act is in violation of this chapter and would be
grounds for denial, suspension, or revocation of a license under Code Section 43-38-11.
Immediately upon the granting of a license, such bond shall be filed with the division
director by the licensee and shall be approved by the division director as to form and as to
the solvency of the surety. The prospective licensee may file the required bond with the
division director prior to the granting of a license for the division director's approval as
provided in this Code section. In lieu of the required bond, a prospective licensee may
submit to the board evidence of a policy of liability insurance in an amount of not less
than $1 million insuring such prospective licensee against personal liability for damages
arising out of acts of the insured or his employees. No licensee shall cancel or cause to be
canceled a bond or liability insurance policy issued pursuant to this Code section unless
the board is so informed in writing by certified mail or statutory overnight delivery at
least 30 days prior to the proposed cancellation. In lieu of the required bond or liability
insurance policy, the prospective licensee may submit a net worth affidavit, prepared
using standard accounting procedures, which affidavit indicates that the prospective
licensee has a net worth of more than $50,000.00. The board, in its discretion, may accept
a financial affidavit in lieu of the bond or liability insurance policy required by this
subsection. The board, in its discretion, may require licensees under this Code section to
submit periodic financial updates to ensure continued financial responsibility. If the
surety or licensee fails to submit, within ten days of the effective date of cancellation, a
new bond or liability insurance policy or a net worth statement as outlined in this
subsection, the board shall have the authority to revoke any license issued under this
chapter.
(2) Licensees who have previously posted bonds or submitted net worth affidavits to
comply with the provisions of this subsection may hereafter prove continued financial
responsibility through the use of liability insurance policies in accordance with paragraph
(1) of this subsection.
(e) Immediately upon receipt of a license certificate issued by the board pursuant to this
chapter, the licensee shall post and at all times display such license in a conspicuous
place at his place of business. A copy of the duplicate of the license certificate shall be
conspicuously posted at each branch office.
(f) Notwithstanding any other provisions of this Code section, an applicant for a license
shall agree in writing on the application that if such applicant makes a false statement in
the application or if such applicant 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 license 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.
(g) The board may grant a license provided in this Code section to a person who is
licensed in another state or territory of the United States which has licensing
requirements substantially similar to the licensing requirements provided in this Code
section.
(h) The board may issue a temporary permit for not longer than 30 days to any person
who is licensed in another state or territory of the United States which has licensing
requirements substantially similar to the licensing requirements provided in this Code
section if such person, in the course of an investigation which arose in the state in which
he or she is licensed, finds it necessary to conduct an investigation in this state. Such
temporary permit shall be limited to the scope of such investigation. No more than one
temporary permit shall be issued in any 12 month period.
(i) The board may, in its discretion and in accordance with regulations adopted by the
board, enter into limited license recognition agreements with any other state or the
District of Columbia having licensure requirements substantially equal to the
requirements provided by this chapter pursuant to which a person so licensed in such
state or district may conduct an investigation in this state directly related to an
investigation which was initiated outside of this state; provided, however, that such
privilege shall be limited to 30 days for each agency for each such investigation.
HISTORY: Ga. L. 1973, p. 40, §§ 5-7; Ga. L. 1981, p. 1828, § 5; Ga. L. 1984, p. 1338, § 1; Ga. L. 1986, p.
751, § 2; Ga. L. 1987, p. 3, § 43; Ga. L. 1987, p. 1400, §§ 3-5; Ga. L. 1988, p. 13, § 43; Ga. L. 1991, p.
1027, § 1; Ga. L. 1993, p. 123, § 43; Ga. L. 1994, p. 291, § 1; Ga. L. 2000, p. 1161, §§ 2, 3; Ga. L. 2000, p.
1589, § 3; Ga. L. 2000, p. 1706, § 19; Ga. L. 2001, p. 1075, § 1.
§ 43-38-7. Licensing of armed employees; qualifications; continuing education;
fingerprints; license card; suspension
(a) Any employer 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 licensure under this chapter.
(b) (1) Except as provided in paragraph (2) of this subsection, within 180 days of
completing board mandated prelicensure training, potential licensees shall make
application to be licensed 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 required to be licensed by the board
but shall be governed by Code Section 43-38-7.1.
(c) (1) Except as otherwise provided in paragraph (2) of subsection (b) of this Code
section, upon being satisfied of the applicant's character, competency, and eligibility for
licensure, the board may license such applicant if he or she:
(A) Is at least 18 years of age;
(B) Is a citizen of the United States or a registered resident alien;
(C) Is of good moral character;
(D) 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 applicant 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 applicant to be licensed;
(E) Has not committed an act constituting dishonesty or fraud; and
(F) Meets such other qualifications as the board may prescribe by rule.
(2) The board shall be authorized to require continuing education as a condition of
renewal for all persons required to be licensed or registered with the board under this
chapter. The board shall be authorized to promulgate rules and regulations addressing the
requirement for continuing education and circumstances for which a waiver of this
requirement may be granted.
(d) The license application shall be made under oath, and on a form to be furnished by the
division director. The application shall state the applicant'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 license application shall be accompanied by
two sets of fingerprints of the applicant and one photograph of the applicant, two inches
wide by three inches high, full face, and taken within six months prior to the application.
The board shall have discretion to deny a license to any individual when the information
and supporting documentation required by this subsection are not provided.
(e) Upon granting a license pursuant to this Code section, the board shall so notify the
licensee. An employer shall notify the board within 30 days of the hiring or termination
of employment of any employee licensed under this Code section.
(f) Upon receipt of a license card issued by the board pursuant to this chapter, the
licensee 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 licensee 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
licensed under this Code section shall agree that if such person makes a false statement in
the application or if such person is 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 license granted to such person 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.
HISTORY: Ga. L. 1973, p. 40, § 8; Ga. L. 1981, p. 1828, § 6; Ga. L. 1987, p. 1400, § 6; Ga. L. 1988, p. 13,
§ 43; Ga. L. 2000, p. 1161, § 4; Ga. L. 2000, p. 1706, § 19; Ga. L. 2005, p. 787, § 1/HB 17; Ga. L. 2008, p.
324, § 43/SB 455; Ga. L. 2010, p. 266, § 40/SB 195; Ga. L. 2010, p. 391, § 2/SB 162.
§ 43-38-7.1. Registration records of unarmed security employees; fingerprint
identification of prospective registrants
(a) Any individual, firm, association, company, partnership, limited liability company,
or corporation engaged in the private security business and licensed pursuant to Code
Section 43-38-6 shall be required to maintain registration records of all guards,
watchmen, or patrolmen who are unarmed pursuant to rules and regulations of the board.
A licensee shall not be required to register such unarmed employees with the board.
Unarmed employees shall be required to complete a certain number of hours of training
as prescribed by the board, and a record of such training shall be maintained with the
registration records of such employees.
(b) The licensee shall forward fingerprints received from each prospective registrant to
the Georgia Crime Information Center of the Georgia Bureau of Investigation for the
purpose of criminal identification through the fingerprint system of identification
established by the Georgia Bureau of Investigation and the fingerprint system of
investigation established by the Federal Bureau of Investigation.
(c) It shall be the duty of the licensee to keep a record of all information received from
the Georgia Bureau of Investigation and the Federal Bureau of Investigation with respect
to criminal identification and to cooperate with the Georgia Bureau of Investigation,
similar departments in other states, and the United States Department of Justice in any
criminal identification system.
(d) At such times as the board may require, fingerprint cards of registrants may be
periodically reprocessed by a licensee to identify criminal convictions subsequent to
registration.
HISTORY: Code 1981, § 43-38-7.1, enacted by Ga. L. 1987, p. 1400, § 7; Ga. L. 1993, p. 123, § 44.
§ 43-38-8. Temporary employees
Notwithstanding any other provisions of this chapter, any person or corporation may
use temporary employees for special events, provided that such temporary employment
does not exceed 30 days in a calendar year and such employees do not carry firearms in
connection with such employment.
HISTORY: Ga. L. 1973, p. 40, § 9; Ga. L. 1981, p. 1828, § 7A; Ga. L. 1987, p. 1400, § 8.
§ 43-38-9. Disposition of applicants' fingerprints
(a) The board shall forward the necessary fingerprints received from each prospective
licensee and registrant required to be licensed or registered by the board under this
chapter to the Georgia Crime Information Center or the Georgia Bureau of Investigation
for the purpose of criminal identification through the fingerprint system of identification
established by such bureau and the fingerprint system of investigation established by the
Federal Bureau of Investigation.
(b) It shall be the duty of the division director to keep a record of all information received
from the Georgia Bureau of Investigation and the Federal Bureau of Investigation with
respect to criminal identification and to cooperate with the Georgia Bureau of
Investigation, similar departments in other states, and the United States Department of
Justice in any criminal identification system.
(c) At such times as the board may require, fingerprint cards of licensees and registrants
may be periodically reprocessed to identify criminal convictions subsequent to licensure
or registration.
HISTORY: Ga. L. 1973, p. 40, § 11; Ga. L. 1981, p. 1828, § 8; Ga. L. 1984, p. 1338, § 2; Ga. L. 1987, p.
1400, § 9; Ga. L. 2000, p. 1706, § 19.
§ 43-38-10. Permits to carry firearms; proficiency requirement; exemption from
specified laws; denial, refusal to renew, and suspension of permits; effect of license
suspension and restoration
(a) The board may grant a permit to carry a pistol, revolver, or other firearm to any
person who is at least 21 years of age and who is licensed or registered in accordance
with this chapter and who meets the qualifications and training requirements set forth in
this Code section and such other qualifications and training requirements as the board by
rule may establish. The board shall have the authority to establish limits on type and
caliber of such weapons by rule. Application for such permit and for renewal thereof
shall be made on forms provided by the division director. No weapons permit issued
under this Code section shall be transferable to another individual.
(b) No permit under this Code section shall be issued or renewed until the applicant has
presented proof to the board that he is proficient in the use of firearms. The board shall
have the authority to require periodic recertification of proficiency in the use of firearms
and to refuse to renew a permit upon failure to comply with such requirement. The
applicant shall present proof to the board that:
(1) He has demonstrated on the firearms range proficiency in the use of firearms by
meeting such minimum qualifications on pistol and shotgun (if so armed) courses as the
board may prescribe by rule; and
(2) He has received such other training and instruction in the use of firearms as the
board may require by rule.
(c) All licensees and registrants under this chapter shall be required to obtain from the
board a weapons permit under this Code section if a firearm is carried, or is to be carried,
by such licensee or registrant while at or en route directly to and from his post or place of
employment.
(d) Any licensee or registrant under this chapter meeting the qualifications and training
requirements set out in this Code section may be issued an exposed weapons permit in
accordance with this Code section and shall be authorized to carry such firearm in an
open and fully exposed manner. Such carrying of a firearm shall be limited to the time
the licensee or registrant is on duty or en route directly to and from his post or place of
employment. No stopover en route to and from such post or place of employment is
permitted under the terms of this Code section.
(e) Licensees or registrants under this chapter may apply to the board for a concealed
weapons permit. Qualifications and training requirements for such permits and
restrictions on such permits shall be established by appropriate rules of the board. The
board shall, in its discretion, consider and approve each application for a concealed
weapons permit on an individual basis.
(f) An individual issued a permit in accordance with this Code section shall be exempt
from the following laws of this state:
(1) Code Section 16-11-126, relating to carrying a concealed weapon;
(2) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings;
(3) Code Section 16-11-128, relating to carrying a pistol without a license; and
(4) Code Section 16-11-129, relating to licenses to carry pistols and revolvers
generally.
(g) The board shall have the power to deny a weapons permit to any applicant who fails
to provide the information and supporting documentation required by this Code section or
to refuse to renew a permit upon failure to comply with such weapons proficiency
recertification requirements as the board may prescribe.
(h) The board shall have the authority to order the summary suspension of any weapons
permit issued under this Code section, pending proceedings for revocation or other
sanction, upon finding that the public health, safety, or welfare imperatively requires such
emergency action, which finding shall be incorporated in its order.
(i) The board shall have the same power and authority to deny and sanction weapons
permits under this Code section as that enumerated in Code Section 43-38-11, based on
the same grounds as those enumerated in that Code section.
(j) A weapons permit issued under this Code section to any person whose license is
suspended pursuant to subsection (f) of Code Section 43-38-6 or whose registration is
suspended pursuant to subsection (g) of Code Section 43-38-7 shall be suspended at the
same time as the suspension of the license or registration without a prior hearing as
required in Code Section 43-38-11. A weapons permit shall be restored to a person upon
the restoration of the person's license or registration.
HISTORY: Ga. L. 1973, p. 40, § 12; Ga. L. 1981, p. 1828, § 10; Ga. L. 1982, p. 3, § 43; Ga. L. 1987, p.
1400, § 10; Ga. L. 2000, p. 1161, § 5; Ga. L. 2000, p. 1706, § 19.
§ 43-38-10.1. Training instructors and training programs
(a) The board shall provide by rule and regulation for the registration of all training
instructors or training programs so as to regulate all training requirements for licensure,
registration, or weapons permits required by this chapter.
(b) The board shall have the authority to promulgate rules and regulations governing
minimum training standards for licensure, registration, or weapons permits. Such training
shall be conducted by a board registered training instructor or through a board approved
training program.
(c) Any board registered training instructor or board approved training program shall be
required to submit to appropriate inspection of facilities and review of curriculum.
(d) The board may suspend, revoke, or deny any application for registration for any
training instructor or suspend, revoke, or deny approval of any training program as
provided in Code Section 43-38-11.
HISTORY: Code 1981, § 43-38-10.1, enacted by Ga. L. 1987, p. 1400, § 11.
§ 43-38-11. Denial, revocation, or sanction of licenses and registrations; action by board;
judicial review
(a) The board shall have the authority to refuse to grant a license or registration to an
applicant therefor or to revoke the license or registration of a person licensed or
registered by the board or to discipline a person licensed or registered by the board upon
a finding by a majority of the entire board that the licensee, registrant, or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license or registration
contained in this chapter or the rules or regulations under which licensure is sought or
held. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the
board that he meets all the requirements for the issuance of a license or registration and,
if the board is not satisfied as to the applicant's qualifications, it may deny a license or
registration without a prior hearing; provided, however, that the applicant shall be
allowed to appear before the board if he so desires;
(2) Made any false statement or given any false information in connection with an
application for license or registration, including an application for renewal or
reinstatement thereof;
(3) Knowingly violated this chapter or violated any rule or regulation promulgated by
the board pursuant to the authority contained in this chapter;
(4) Been convicted, in the courts of this state or of the United States, or in the courts of
any other state, territory, or country, of a felony, or any crime involving the illegal use,
carrying, or possession of a dangerous weapon, or any crime involving moral turpitude.
As used in this subsection, the term "felony" shall include any offense which if
committed in this state would be deemed a felony, without regard to its designation
elsewhere. For purposes of this subsection, a "conviction" shall be deemed to include a
finding or verdict of guilty or plea of guilty, regardless of whether an appeal of the
conviction has been sought;
(5) Been arrested, charged, and sentenced for the commission of a felony, any crime
involving the illegal use, carrying, or possession of a dangerous weapon, or any crime
involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge;
(B) First offender treatment was granted without adjudication of guilt pursuant to the
charge; or
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.
The plea of nolo contendere or the order entered pursuant to Article 3 of Chapter 8 of
Title 42 or other first offender treatment shall be conclusive evidence of arrest and
sentencing for such crime;
(6) Become unable to engage in the private detective or private security business with
reasonable skill and safety to the public by reason of illness; use of alcohol, drugs,
narcotics, chemicals, or any other type of material; or any other mental or physical
condition. The board may, however, after investigation of the circumstances surrounding
each application, approve for licensure and registration those individuals who produce
certified medical evidence of having been successfully treated and cured of alcoholism,
drug addiction, or mental illness;
(7) Committed any act in the practice of the private detective or private security
business constituting dishonesty or fraud;
(8) Been convicted of impersonating, or permitting or aiding and abetting any other
person to impersonate, a law enforcement officer or employee of the United States or of
this state or of any political subdivision thereof in the practice of the private detective or
private security business;
(9) Engaged in, or permitted any employee to engage in, the private detective or private
security business without a valid license or registration issued under this chapter;
(10) Willfully failed or refused to render a service or to tender a report to a client in
connection with the private detective or private security business as agreed between the
parties and for which compensation was paid or tendered in accordance with the
agreement of the parties;
(11) Committed a felony, any crime involving the illegal use, carrying, or possession of
a dangerous weapon, or any crime involving moral turpitude;
(12) Knowingly violated, or advised, encouraged, or assisted in the violation of, any
court order or injunction in the course of the private detective or private security business
or knowingly advised, encouraged, or assisted in the violation of any lawful order issued
by the board;
(13) Failed to renew a canceled bond or liability insurance policy in accordance with
subsection (d) of Code Section 43-38-6 or failed to supply the financial affidavit required
in lieu thereof;
(14) Undertaken to give legal advice or counsel; misrepresented that he is representing
an attorney or is appearing or will appear in any legal proceeding; issued, delivered, or
uttered any simulation of process of any nature which might lead a person to believe that
such simulation, whether written, printed, or typed, may be a summons, warrant, writ, or
other court process or pleading in any court proceeding;
(15) Failed to demonstrate the qualifications or standards for licensure or registration
contained in this chapter or in the rules and regulations of the board. It shall be incumbent
upon the applicant to demonstrate to the satisfaction of the board that he meets all the
requirements for licensure or registration; and, if the board is not satisfied as to the
applicant's qualifications, it shall have the power to deny such licensure or registration; or
(16) Purchased, acquired, sold, or released the telephone records, as such term is
defined in Code Section 46-5-210, of any third party who is a Georgia resident.
(b)(1) If the board finds that any applicant for licensure or any prospective registrant is
unqualified to be granted such license or to be registered, the board may:
(A) Deny the application for licensure or registration; or
(B) Limit or restrict any license or registration for a definite period of time.
(2) If, after notice and hearing, the board finds that the license or registration of any
holder thereof should be revoked or otherwise sanctioned, the board may take any one or
more of the following actions:
(A) Administer a public reprimand;
(B) Suspend any license or registration for a definite period of time;
(C) Limit or restrict any license or registration for a definite period of time;
(D) Revoke or suspend a license or registration;
(E) Fine any licensee or registrant in an amount not to exceed $500.00 for each
violation of a law or rule or regulation; or
(F) Place a licensee or registrant on probation for a definite period of time and impose
such conditions of probation as will adequately protect the public during that period.
In its discretion, the board may restore or reinstate a license or registration which has
been sanctioned and, in conjunction therewith, may impose any disciplinary or corrective
action provided for in this chapter.
(c) Initial judicial review of a final decision of the board shall be had solely in the
superior court of the county of domicile of the board.
HISTORY: Ga. L. 1973, p. 40, § 14; Ga. L. 1981, p. 1828, § 9; Ga. L. 1982, p. 3, § 43; Ga. L. 1984, p.
1338, § 3; Ga. L. 1986, p. 751, § 3; Ga. L. 1987, p. 3, § 43; Ga. L. 1987, p. 1400, § 12; Ga. L. 1992, p. 6, §
43; Ga. L. 2000, p. 1161, § 6; Ga. L. 2000, p. 1706, § 18; Ga. L. 2006, p. 562, § 4/SB 455.
§ 43-38-11.1. Suspension of license, registration, or weapons permit
(a) After proper notification, the board may suspend the license, registration, or
weapons permit of any licensee, registrant, or weapons permit holder without a prior
hearing as required in Code Section 43-38-11, provided that said licensee, registrant, or
weapons permit holder is determined by the board to present a clear and present danger to
the public safety on the grounds outlined in Code Section 43-38-11, is found to have had
a prior felony conviction, or is currently under a first offender sentence for a felony crime
that was not reported on the application for licensure or registration.
(b) After proper notification the board may suspend without a prior hearing as required in
Code Section 43-38-11 the license of any licensee pursuant to subsection (f) of Code
Section 43-38-6 or the registration of any registrant pursuant to subsection (g) of Code
Section 43-38-7 or the weapons permit of any weapons permit holder pursuant to
subsection (j) of Code Section 43-38-10.
HISTORY: Code 1981, § 43-38-11.1, enacted by Ga. L. 1983, p. 489, § 1; Ga. L. 1987, p. 1400, § 13; Ga.
L. 1988, p. 13, § 43; Ga. L. 1991, p. 1027, § 2.
§ 43-38-12. Applicability of the "Georgia Administrative Procedure Act."
All hearings required to be conducted by the board shall be conducted in accordance
with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; and all rules
and regulations of the board shall be adopted and promulgated in accordance with
Chapter 13 of Title 50.
HISTORY: Ga. L. 1981, p. 1828, § 13.
§ 43-38-13. Arrest powers of licensees and registrants
Licensees or registrants under this chapter shall have the same power of arrest as that
granted to a private person by Code Section 17-4-60.
HISTORY: Ga. L. 1973, p. 40, § 13; Ga. L. 1981, p. 1828, § 11.
§ 43-38-14. Exceptions to operation of chapter; local regulation
(a) This chapter shall not apply to:
(1) An officer or employee of the United States of America or of this state or a political
subdivision thereof while the employee or officer is engaged in the performance of
official duties;
(2) A person engaged in the business of furnishing information in connection with
credit or marketing and a person or firm engaged as a consumer reporting agency, as
defined by the federal Fair Credit Reporting Act;
(3) An attorney at law or a bona fide legal assistant in performing his or her duties;
(4) Admitted insurers, agents, and insurance brokers licensed by the state while
performing duties in connection with insurance transacted by them;
(5) A firm engaged in the business of independent insurance claims adjusting whose
employees hold a valid Georgia adjuster's license; or
(6) The employees of a firm identified in paragraph (5) of this subsection.
(b) Any person with a valid peace officer certification issued pursuant to Chapter 8 of
Title 35, the "Georgia Peace Officer Standards and Training Act," who is employed by or
works as an independent contractor for a licensed:
(1) Private security business shall be exempt from any training provisions required by
this chapter for such business and shall be deemed to have satisfied all board rules and
regulations relative to training; and
(2) Private detective business or private security business shall be exempt from further
licensure under this chapter and shall be permitted to carry a firearm without obtaining
any weapons permit from the board; provided, however, that such licensed private
detective business or private security business shall be required to register such employee
or independent contractor with the board.
(c) This chapter shall not prevent the local authorities of any municipality or county, by
ordinance and within the exercise of the police power of such municipality or county,
from imposing local regulations upon any street patrol, special officer, or person
furnishing street patrol service, including regulations requiring registration with an
agency to be designated by such municipality or county.
(d) This chapter shall not apply to a person or corporation which employs persons who do
private security work in connection with the affairs of such employer only and who have
an employer-employee relationship with such employer. Neither such persons or
corporations nor their employees shall be required to register or be licensed under this
chapter, although such persons or corporations or their employees may elect to be
licensed under this chapter.
HISTORY: Ga. L. 1973, p. 40, § 15; Ga. L. 1975, p. 785, § 1; Ga. L. 1978, p. 1515, § 2; Ga. L. 1981, p.
1828, § 12; Ga. L. 1982, p. 3, § 43; Ga. L. 1991, p. 1027, § 3; Ga. L. 2000, p. 1161, § 7; Ga. L. 2011, p.
415, § 1/HB 53.
§ 43-38-14.1. Restrictions on local business licenses
(a) No municipality, county, or other political subdivision of this state shall grant a
business license to any person required to be licensed under this chapter until such person
has made bona fide application to the board to be licensed under this chapter and the
board has taken action under the application other than refusal, cancellation, revocation,
or failure to renew the applicant's license.
(b) As used in this Code section, the term "person" shall mean any individual, firm,
association, partnership, limited liability company, or corporation.
HISTORY: Code 1981, § 43-38-14.1, enacted by Ga. L. 1984, p. 1338, § 4; Ga. L. 1993, p. 123, § 45.
§ 43-38-15. Applicability of chapter
No individual, firm, association, company, partnership, limited liability company, or
corporation shall engage in any activity covered by this chapter unless such individual,
firm, association, company, partnership, limited liability company, or corporation is in
compliance with this chapter.
HISTORY: Ga. L. 1981, p. 1828, § 14; Ga. L. 1993, p. 123, § 46.
§ 43-38-16. Penalty
Any person who engages in the private detective business or private security business
or offers, pretends, or holds himself out as eligible to engage in the private detective
business or private security business and who is not legally licensed or registered under
this chapter shall be guilty of a misdemeanor. Each day or fraction of a day that he
practices in violation of this chapter shall constitute a separate offense.
HISTORY: Ga. L. 1973, p. 40, § 16; Ga. L. 1981, p. 1828, § 15; Ga. L. 1984, p. 1338, § 5.
§ 43-38-17. Termination
Repealed by Ga. L. 1992, p. 3137, § 30, effective July 1, 1992.
The statutory materials reprinted or quoted verbatim on the following pages are taken from the
Official Code of Georgia Annotated, Copyright 1984, 1988, 1991, 1994, 1999, 2002, 2005, 2006, 2007,
2010, 2011 by the State of Georgia, and are reprinted with the permission of the State of Georgia. All
rights reserved.
