SB207: SB207 Professions and Businesses; a preclearance process in the licensing of individuals with criminal records who make application to or are investigated by certain licensing boards and commissions; create

26 SB 207/AP Senate Bill 207 By: Senators Strickland of the 42nd, Brass of the 6th, Anavitarte of the 31st, Cowsert of the 46th, Kirkpatrick of the 32nd and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Titles 33 and 43 of the Official Code of Georgia Annotated, relating to insurance1 and professions and businesses, respectively, so as to create a preclearance process in the2 licensing of individuals with criminal records who make an application to or are investigated3 by certain licensing boards and commissions; to provide for def initions; to require certain4 licensing authorities to provide evidence to support adverse li censing decisions based on5 criminal convictions; to require a hearing prior to denying certain applicants on the basis of6 an individual's criminal record; to establish findings that sha ll be made and evidence that7 shall and shall not be considered prior to refusing to grant certain licenses based on certain8 criminal convictions; to allow an applicant to submit his or her own criminal record when9 applying for certain licenses; to provide for reapplication for licensure; to authorize and10 provide a process and requirements for predetermination decisio ns; to require certain11 licensure application information be included in certain applications and posted on a public12 website; to require certain annual reports concerning certain applications, predeterminations,13 and conviction records to be filed with the Secretary of State; to amend Chapter 4 of Title14 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training,15 so as to provide for the reporting of guilty pleas taken under first offender treatment to obtain16 employment as a firefighter; to amend Article 2 of Chapter 3 of Title 35 of the Official Code17 of Georgia Annotated, relating to Georgia Crime Information Cen ter, so as to provide for18 S. B. 207 - 1 - 26 SB 207/AP criminal history record information restrictions for certain persons charged with or convicted19 of certain criminal offenses; to provide that restricted crimin al history record information20 shall be available to criminal justice agencies; to provide for petitions; to provide for criminal21 history record information restriction for persons granted a pa rdon for certain offenses; to22 amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating23 to first offenders, so as to revise the procedure for petitioning for exoneration and discharge24 when an individual has qualified for sentencing as a first offender; to provide for exceptions25 to retroactively granting first offender treatment; to amend Co de Section 17-10-21 of the26 Official Code of Georgia Annotated, relating to vacating of sentence for trafficking victim27 defendants, so as to provide for filing under seal; to provide for related matters; to provide28 for effective dates and applicability; to repeal conflicting laws; and for other purposes.29 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:30 PART I31 SECTION 1-1.32 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,33 is amended by revising Code Section 43-1-1, relating to definitions, as follows:34 "43-1-1.35 As used in this title, the term:36 (1) 'Conviction' means a findi ng or verdict of guilty or a ple a of guilty, regardless of37 whether an appeal of such finding, verdict, or plea has been sought.38 (2) 'Covered misdemeanor' means any:39 (A) Misdemeanor conviction in the five years prior to the submission of the licensing40 application; and41 S. B. 207 - 2 - 26 SB 207/AP (B) Misdemeanor conviction listed in subparagraph (j)(4)(B) of Code Section 35-3-37,42 irrespective of the date of such conviction.43 (1)(3) 'Division' means the professional licensing boards division c reated under Code44 Section 43-1-2.45 (2)(4) 'Division director' means the individual appointed by the Sec retary of State as46 director of the professional licensing boards division within t he office of the Secretary47 of State.48 (5) 'Felony' means any offense which, if committed in this sta te, would be deemed a49 felony, without regard to its designation elsewhere.50 (3)(6) 'Professional licensing board' means any board, bureau, commi ssion, or other51 agency of the executive branch of state government which is created for the purpose of52 licensing or otherwise regulating or controlling any profession , business, or trade and53 which is placed by law under the jurisdiction of the division director of the professional54 licensing boards division within the office of the Secretary of State."55 SECTION 1-2.56 Said title is further amended in Code Section 43-1-19, relating to a professional licensing57 board's authority to refuse, grant, revoke, and reinstate licen ses, surrender of licenses, and58 probationary licenses, by adding a new subsection to read as follows:59 "(a.1) Before the professional licensing board may deny an appl icant a license under60 subsection (a) of this Code section due to his or her criminal record, such applicant shall61 be entitled to a hearing before the professional licensing boar d upon a timely written62 request in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure63 Act.'"64 SECTION 1-3.65 S. B. 207 - 3 - 26 SB 207/AP Said title is further amended in Code Section 43-1-19, relating to a professional licensing66 board's authority to refuse, grant, revoke, and reinstate licen ses, surrender of licenses, and67 probationary licenses, by revising subsection (j) as follows:68 "(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity69 nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a70 previously denied license shall be considered to be a contested case within the meaning of71 Chapter 13 of Title 50, the 'Georgia Administrative Procedure A ct'; notice and hearing72 within the meaning of such chapter shall not be required, but the applicant or licensee shall73 be allowed to appear before the board if he or she so requests. A board may resolve a74 pending action by the issuance of a letter of concern. Such letter shall not be considered75 a disciplinary action or a contested case under Chapter 13 of T itle 50 and shall not be76 disclosed to any person except the licensee or applicant."77 SECTION 1-4.78 Said title is further amended in Code Section 43-1-19, relating to a professional licensing79 board's authority to refuse, grant, revoke, and reinstate licen ses, surrender of licenses, and80 probationary licenses, by revising subsection (q) as follows:81 "(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or82 any other provision of law, and unless the professional licensing board shall refuse to83 grant a license to an individual or shall revoke a license only i f a felony or crime84 involving moral turpitude covered misdemeanor directly relates to the occupation for85 which the license is sought or held, no professional licensing board shall refuse to grant86 a license to an applicant therefor or shall revoke the license of an individual licensed by87 that board due solely or in part to such applicant's or licensee's:88 (A) Conviction of any felony or any crime involving moral turp itude covered89 misdemeanor, whether it occurred in the courts of this state or any other state, territory,90 or country or in the courts of the United States;91 S. B. 207 - 4 - 26 SB 207/AP (B) Arrest, charge, and sentence for the commission of such offense;92 (C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another93 state's first offender laws;94 (D) Sentence for such offense pursuant to subsection (a) or (c ) of Code Section95 16-13-2;96 (E) Sentence for such offense as a result of a plea of nolo contendere;97 (F) Adjudication of guilt or sentence was otherwise withheld or not entered; or98 (G) Being under supervision by a community supervision officer , as such term is99 defined in Code Section 42-3-1, for a conviction of any felony or any crime involving100 moral turpitude covered misdemeanor, whether it occurred in the courts of this state or101 any other state, territory, or country or in the courts of the United States, so long as such102 individual was not convicted of a felony violation of Chapter 5 of Title 16 nor103 convicted of a crime requiring registration on the state sexual offender registry.104 (2) In determining if a felony or crime involving moral turpitude covered misdemeanor105 directly relates to the occupation for which the license is sought or held, the professional106 licensing board shall consider:107 (A) The nature and seriousness of such felony or crime involvi ng moral turpitude108 covered misdemeanor and the relationship of such felony or crime involving moral109 turpitude the criminal conduct to the duties and responsibilities of the occupation for110 which the license is sought or held;111 (B) The age of the individual at the time such felony or crime involving moral112 turpitude covered misdemeanor was committed;113 (C) The length of time elapsed since such felony or crime invo lving moral turpitude114 covered misdemeanor was committed;115 (D) All circumstances relative to such felony or crime involvi ng moral turpitude116 covered misdemeanor, including, but not limited to, mitigating circumstances or social117 S. B. 207 - 5 - 26 SB 207/AP conditions surrounding the commission of such felony or crime i nvolving moral118 turpitude covered misdemeanor; and119 (E) Evidence of rehabilitation and present fitness to perform the duties of the120 occupation for which the license is sought or held., including, but not limited to:121 (i) The completion of the criminal sentence;122 (ii) A program and treatment certificate issued by the Board of Corrections;123 (iii) Completion of, or active participation in, a rehabilitat ive drug or alcohol124 treatment program;125 (iv) Testimonials and recommendations, which may include a progress report from126 the individual's probation or parole officer;127 (v) Education and training;128 (vi) Employment history;129 (vii) Employment aspirations;130 (viii) The individual's current family or community responsibilities, or both;131 (ix) Whether a bond is required to practice the occupation;132 (x) Any affidavits or other written documents, including, but not limited to, character133 references; and134 (xi) Any other information regarding rehabilitation the indivi dual submits to the135 board.136 (3) Notwithstanding any other provision of law, a professional licensing board shall137 provide individualized consideration of an individual's crimina l record and shall not138 automatically deny licensure on the basis of the individual's criminal record.139 (4)(A) If an applicant's criminal record includes issues that will or may prevent the140 board from issuing a license to the applicant, the board shall notify the applicant, in141 writing, of the specific issues in sufficient time for the applicant to provide additional142 documentation supporting the application before the board's final decision to deny the143 application. After receiving notice of any potential issue with licensure due to his or144 S. B. 207 - 6 - 26 SB 207/AP her criminal convictions, an applicant shall have 30 days to respond by correcting any145 inaccuracy in the criminal record or by submitting additional evidence of mitigation or146 rehabilitation for the board's consideration, or both.147 (B) For the professional licensing board to deny a license on the basis of the applicant's148 criminal convictions, the board shall first provide an opportunity for a hearing for such149 applicant in accordance with Chapter 13 of Title 50, the 'Georg ia Administrative150 Procedure Act.' The applicant shall have the opportunity at such hearing to present the151 written or oral testimony of character witnesses, including, bu t not limited to, family152 members, friends, prospective employers, probation or parole of ficers, and153 rehabilitation counselors. The professional licensing board shall issue a decision within154 60 days of the complete submission of the issues for considerat ion or the hearing,155 whichever is later.156 (C) The professional licensing board shall determine, after a hearing, whether it is157 more likely than not that an applicant's criminal record supports an adverse licensing158 decision. If the board denies an applicant a license by reason of the applicant's criminal159 record, the board shall:160 (i) Make written findings specifying any of the applicant's convictions and the factors161 provided for in paragraph (2) of this subsection the board deem ed directly relevant162 and explaining the basis and rationale for the denial. Such written findings shall be163 signed by the board's presiding officer and shall note the appl icant's right to appeal164 and explain the applicant's ability to reapply. No applicant s hall be restricted from165 reapplying for licensure more than two years from the date of t he most recent166 application;167 (ii) Provide or serve a signed copy of the written findings to the applicant within 60168 days of the denial; and169 (iii) Retain a signed copy of the written findings for no less than five years.170 S. B. 207 - 7 - 26 SB 207/AP (D) The denial of a license in part or in whole because of the applicant's criminal171 record shall constitute a contested case as defined in Code Sec tion 50-13-2. In an172 administrative hearing reviewing the denial of a license, the a pplicant shall have the173 burden of proving that his or her criminal record does not dire ctly relate to the174 occupation for which the license is sought.175 (5)(A) Notwithstanding any other provision of law, an individu al with a crim inal176 record may petition a professional licensing board at any time, including while177 incarcerated and before starting or completing any required professional qualifications178 for licensure, for a predetermination as to whether such individual's criminal record will179 disqualify him or her from obtaining a license.180 (B) The petition for predetermination shall include the individual's criminal record or181 authorize the board to obtain the individual's criminal record. Such petition shall also182 include any information the petitioner chooses to submit concerning the circumstances183 of his or her record and his or her rehabilitation.184 (C) In considering predetermination petitions, the professiona l licensing board shall185 apply the direct relationship standard in paragraphs (1) and (2) of this subsection. The186 board shall support any adverse predetermination by determining whether it is more187 likely than not that a criminal record supports an adverse licensing decision.188 (D) A predetermination made under this paragraph that a petiti oner is eligible for a189 license shall be binding on the professional licensing board only if the petitioner applies190 for licensure and fulfills all other requirements for the occup ational license and the191 petitioner's submitted criminal record was correct and remains unchanged at the time192 of his or her application for a license.193 (E) If a petitioner's criminal record includes matters that may disqualify the petitioner194 from licensure, the board shall notify the petitioner of the po tentially disqualifying195 convictions. The letter of concern shall advise the petitioner of his or her opportunity196 to submit additional evidence of rehabilitation and mitigation or for a hearing, or both.197 S. B. 207 - 8 - 26 SB 207/AP (F) The professional licensing board may predetermine that the petitioner's criminal198 record is likely grounds for denial of a license only after the board has held a hearing199 on the petitioner's eligibility in accordance with Chapter 13 o f Title 50, the 'Georgia200 Administrative Procedure Act.' The hearing shall be held in person, by remote video,201 or by teleconference within 60 days of receipt of the predeterm ination petition. The202 individual shall have the opportunity to offer written or oral testimony of character203 witnesses at the hearing, including but not limited to family members, friends, past or204 prospective employers, probation or parole officers, and rehabilitation counselors. The205 professional licensing board shall not make an adverse inferenc e by a petitioner's206 decision to forgo a hearing or character witnesses. The board shall issue a final207 decision within 60 days of complete submission of the issue for consideration or the208 hearing, whichever is later.209 (G) If the professional licensing board decides that a predete rmination petitioner is210 ineligible for a license, the board shall notify the petitioner of the following:211 (i) The grounds and rationale f or the predetermination, includ ing any of the212 petitioner's specific convictions and the factors in paragraph (2) of this subsection the213 board deemed directly relevant;214 (ii) An explanation of the process and right to appeal the boa rd's predetermination215 decision under Chapter 13 of Title 50, the 'Georgia Administrat ive Procedure Act';216 and217 (iii) Any actions the petitioner may take to remedy the disqua lification. An218 individual who receives a predetermination of ineligibility may submit a revised219 petition reflecting completion of the remedial actions. The individual may submit a220 new petition to the board not before one year following a final judgment on his or her221 initial petition or upon completing the remedial actions, whichever is earlier.222 (H) The denial of a predetermination petition because of the applicant's criminal record223 shall constitute a contested case as defined in Code Section 50 -13-2. In an224 S. B. 207 - 9 - 26 SB 207/AP administrative hearing reviewing the denial of a predetermination petition, the applicant225 shall have the burden of proving that his or her criminal record does not directly relate226 to the licensed occupation.227 (6) Each professional licensing board shall include in its application for licensure and on228 its public website all of the following information:229 (A) Whether the board requires applicants to consent to a criminal record check;230 (B) The direct relationship standard in paragraph (1) of this subsection and those231 factors provided for in paragraph (2) of this subsection that t he board shall consider232 when making a determination of licensure;233 (C) The appeals process pursuant to Chapter 13 of Title 50, the 'Georgia Administrative234 Procedure Act,' if the board denies or revokes licensure in whole or in part because of235 a criminal conviction; and236 (D) The predetermination petition process, standards, and application, as well as the237 process for appealing an adverse predetermination pursuant to Chapter 13 of Title 50,238 the 'Georgia Administrative Procedure Act.'239 (7) No later than March 31 each year, each occupational licensing board shall file with240 the Secretary of State an annual report containing information from the previous year as241 to:242 (A) The number of applicants for a license and, of that number, the number of licenses243 granted;244 (B) The number of applicants with a criminal record and, of that number, the number245 of licenses granted, denied a license for any reason, and denie d a license due to a246 conviction or state supervision status; and247 (C) The number of predetermination petitioners and, of that nu mber, the number248 deemed eligible for a license and the number deemed ineligible for a license."249 SECTION 1-5.250 S. B. 207 - 10 - 26 SB 207/AP Said title is further amended by revising Code Section 43-1-27, relating to requirement that251 licensee notify licensing authority of felony conviction, as follows:252 "43-1-27.253 Any licensed individual who is convicted under the laws of this state, the United States, or254 any other state, territory, or country of a felony as defined in paragraph (3) of subsection255 (a) of Code Section 43-1-19 43-1-1 shall be required to notify the appropriate licensing256 authority of the conviction within ten days of the conviction. The failure of a licensed257 individual to notify the appropriate licensing authority of a conviction shall be considered258 grounds for revocation of his or her license, permit, registrat ion, certification, or other259 authorization to conduct a licensed profession."260 SECTION 1-6.261 Said title is further amended by revising Code Section 43-15-19 , relating to revocation,262 suspension, or denial of certificates, certificates of registration, or licenses, and reprimands,263 as follows:264 "43-15-19.265 (a) The board shall have the power, after notice and hearing, to deny any application made266 to it, to revoke or suspend any certificate, certificate of registration, or license issued by it,267 or to reprimand any individual holding a certificate, certificate of registration, or license268 issued by it, upon the following grounds:269 (1) Commission of any fraud or deceit in obtaining a certifica te, certificate of270 registration, or license;271 (2) Any gross negligence, incompetency, or unprofessional cond uct in the practice of272 professional engineering or land surveying as a professional engineer or a professional273 land surveyor, respectively;274 (3) Affixing a seal to any plan, specification, plat, or repor t contrary to Code Section275 43-15-22;276 S. B. 207 - 11 - 26 SB 207/AP (4) Conviction of a felony or crime involving moral turpitude covered misdemeanor as277 defined in Code Section 43-1-1 in the courts of this state, the United States, or any state278 or territory of the United States or the conviction of an offen se in another jurisdiction279 which, if committed in this state, would be deemed a felony. 'Conviction' shall include280 a finding or verdict of guilt, a plea of guilty, or a plea of n olo contendere in a criminal281 proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not282 entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or283 statute but shall not include a conviction that has been pardoned; or284 (5) Any violation of this chapter or any rule or regulation pr omulgated by the board285 pursuant to the powers conferred on it by this chapter.286 (b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code287 section, includes a violation of those standards of professiona l conduct for professional288 engineers and professional land surveyors adopted by the board pursuant to the power289 conferred upon it to promulgate rules and regulations to effectuate the duties and powers290 conferred on it by this chapter."291 SECTION 1-7.292 Said title is further amended by adding a new Code section to read as follows:293 "43-15-19.1.294 (a) Notwithstanding any other provision of law, an individual with a criminal record may295 petition the board at any time, including while incarcerated an d before starting or296 completing any required professional qualifications for licensure, for a predetermination297 as to whether the individual's criminal record will disqualify him or her from obtaining a298 license.299 (b) The petition for predetermination shall include the indivi dual's criminal record or300 authorize the board to obtain the individual's criminal record. The petition shall also301 S. B. 207 - 12 - 26 SB 207/AP include any information the petitioner chooses to submit concerning the circumstances of302 his or her record and his or her rehabilitation.303 (c) The board shall support any adverse predetermination by de termining whether it is304 more likely than not that a criminal record supports an adverse licensing decision.305 (d) A predetermination made under this Code section that a pet itioner is eligible for a306 license shall be binding on the board only if the petitioner applies for licensure and fulfills307 all other requirements for the licensure and the petitioner's submitted criminal record was308 correct and remains unchanged at the time of his or her application for a license.309 (e) If a petitioner's criminal record includes matters that may disqualify the petitioner from310 licensure, the board shall notify the petitioner of the potentially disqualifying convictions.311 The letter of concern shall advise the petitioner of his or her opportunity to submit312 additional evidence of rehabilitation and mitigation or for a hearing, or both.313 (f) The board may predetermine that the petitioner's criminal record is likely grounds for314 denial of a license only after the board has held a hearing on the petitioner's eligibility in315 accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The316 hearing shall be held in person, by remote video, or by telecon ference within 60 days of317 receipt of the predeterminati on petition. The i ndividual shall have the opportunity to318 include character witnesses at the hearing, including but not l imited to family members,319 friends, past or prospective employers, probation or parole off icers, and rehabilitation320 counselors, who may offer their verbal or written support. The board shall not make an321 adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The322 board shall issue a final decision within 60 days of complete s ubmission of the issue for323 consideration or the hearing, whichever is later.324 (g) If the board decides that a predetermination petitioner is ineligible for a license, the325 board shall notify the petitioner of the following:326 S. B. 207 - 13 - 26 SB 207/AP (1) The grounds and rationale for the predetermination, includ ing the specific327 convictions and the factors in subsection (a) of Code Section 4 3-15-19.1 the board328 deemed directly relevant;329 (2) An explanation of the process and right to appeal the boar d's predetermination330 decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and331 (3) Any actions the petitioner may take to remedy the disquali fication. An individual332 who receives a predetermination of ineligibility may submit a revised petition reflecting333 completion of the remedial actions. The individual may submit a new petition to the334 board not before one year following a final judgment on his or her initial petition or upon335 completing the remedial actions, whichever is earlier.336 (h) The denial of a predetermination petition because of the a pplicant's criminal record337 shall constitute a contested case as defined in Code Section 50-13-2. In an administrative338 hearing reviewing the denial of a predetermination petition, the applicant shall have the339 burden of proving that his or her criminal record does not dire ctly relate to the licensed340 occupation."341 PART II342 SECTION 2-1.343 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,344 is amended in Chapter 3, relating to accountants, by adding a n ew Code section to read as345 follows:346 "43-3-21.1.347 (a) Notwithstanding any other provision of law, an individual with a criminal record may348 petition the accountancy board at any time, including while incarcerated and before starting349 or completing any required professional qualifications for licensure, for a predetermination350 S. B. 207 - 14 - 26 SB 207/AP as to whether the individual's criminal record will disqualify him or her from obtaining a351 license.352 (b) The petition for predetermination shall include the indivi dual's criminal record or353 authorize the board to obtain the individual's crim inal record. The petition shall also354 include any information the petitioner chooses to submit concerning the circumstances of355 his or her record and his or her rehabilitation.356 (c) The board shall support any adverse predetermination by de termining whether it is357 more likely than not that a criminal record supports an adverse licensing decision.358 (d) A predetermination made under this Code section that a pet itioner is eligible for a359 license shall be binding on the board only if the petitioner applies for licensure and fulfills360 all other requirements for the licensure and the petitioner's submitted criminal record was361 correct and remains unchanged at the time of his or her application for a license.362 (e) If a petitioner's criminal record includes matters that may disqualify the petitioner from363 licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 364 The letter of concern shall advise the petitioner of his or her opportunity to submit365 additional evidence of rehabilitation and mitigation or for a hearing, or both.366 (f) The board may predetermine that the petitioner's criminal record is likely grounds for367 denial of a license only after the board has held a hearing on the petitioner's eligibility in368 accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The369 hearing shall be held in person, by remote video, or by telecon ference within 60 days of370 receipt of the predetermination petition. The individual shall have the opportunity to371 include character witnesses at the hearing, including but not l imited to family members,372 friends, past or prospective employers, probation or parole off icers, and rehabilitation373 counselors, who may offer their verbal or written support. The board shall not make an374 adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The375 board shall issue a final decision within 60 days of complete s ubmission of the issue for376 consideration or the hearing, whichever is later.377 S. B. 207 - 15 - 26 SB 207/AP (g) If the board decides that a predetermination petitioner is ineligible for a license, the378 board shall notify the petitioner of the following:379 (1) The grounds and rationale for the predetermination, includ ing the specific380 convictions and the factors in subsection (a) of Code Section 43-3-21.1 the board deemed381 directly relevant;382 (2) An explanation of the process and right to appeal the boar d's predetermination383 decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and384 (3) Any actions the petitioner may take to remedy the disquali fication. An individual385 who receives a predetermination of ineligibility may submit a revised petition reflecting386 completion of the remedial actions. The individual may submit a new petition to the387 board not before one year following a final judgment on his or her initial petition or upon388 completing the remedial actions, whichever is earlier.389 (h) The denial of a predetermination petition because of the a pplicant's criminal record390 shall constitute a contested case as defined in Code Section 50-13-2. In an administrative391 hearing reviewing the denial of a predetermination petition, th e applicant shall have the392 burden of proving that his or her c riminal record does not dire ctly relate to the licensed393 occupation."394 SECTION 2-2.395 Said title is further amended in Code Section 43-3-27, relating to notification by an396 individual issued a license or certification as an accountant o f conviction, time limit, and397 suspension, by revising subsection (a) as follows:398 "(a) Any individual issued a license or certification under this chapter or providing services399 under substantial equivalency practice privileges and convicted under the laws of this state,400 the United States, any other state, or any other country of a felony as defined in paragraph401 (3) of subsection (a) of Code Section 43-1-19 43-1-1 shall be required to notify the board402 of such conviction within 30 days of such conviction. The fail ure of such individual to403 S. B. 207 - 16 - 26 SB 207/AP notify the board of a conviction shall be considered grounds fo r revocation of his or her404 license or other authorization issued pursuant to this chapter."405 SECTION 2-3.406 Said title is further amended in Code Section 43-9-12, relating to refusal, suspension, or407 revocation of chiropractor licenses, subpoenas, other disciplin e, judicial review,408 reinstatement, voluntary surrender of license, injunctions, and statement of complaint, by409 revising paragraphs (3) and (4) of subsection (a) as follows:410 "(3) Been convicted of any felony or covered misdemeanor of any crime involving moral411 turpitude in the courts of this state or any other state, territory, or country or in the courts412 of the United States; as used in this paragraph and paragraph (4) of this subsection, the413 term 'felony' shall include any offense which, if committed in this state, would be deemed414 a felony, without regard to its designation elsewhere; and, as used in this paragraph, the415 term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless416 of whether an appeal of the conviction has been sought. Any su ch record shall be417 considered in the manner prescribed by subsection (q) of Code Section 43-1-19;418 (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime419 involving moral turpitude, covered misdemeanor where such record is considered in the420 manner prescribed by subsection (q) of Code Section 43-1-19 and:421 (A) A plea of nolo contendere was entered to the charge; or422 (B) First offender treatment without adjudication of guilt pursuant to the charge was423 granted; or The licensee or applicant is currently serving a sentence pursuant to Article424 3 of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of425 Code Section 16-13-2.426 (C) An adjudication or sentence was otherwise withheld or not entered on the charge.427 S. B. 207 - 17 - 26 SB 207/AP The plea of nolo contendere or the order entered pursuant to the provisions of Article 3428 of Chapter 8 of Title 42, relating to probation of first offend ers, or other first offender429 treatment shall be conclusive evidence of arrest and sentencing for such crime;"430 SECTION 2-4.431 Said title is further amended in Code Section 43-10-20, relating to the teaching of barbering432 or the practice of a cosmetologist in prisons and certification of registration, by revising433 subsection (b) as follows:434 "(b) The board shall be required to test an inmate who is an applicant for a certificate or435 registration under this chapter who has completed successfully a barber or cosmetologist436 training program operated by the Department of Corrections and who meets the437 requirements stated in Code Section 43-10-9. If such inmate passes the applicable written438 and practical examinations, the board may issue the appropriate certificate of registration439 to such inmate after consideration of all requirements under Co de Sections 43-10-9 and440 43-1-19; provided, however, that the board shall not apply the provisions of paragraph (4)441 of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such person's442 status as an inmate and shall apply such provisions in the same manner as would otherwise443 be applicable to an applicant who is not an inmate."444 SECTION 2-5.445 Said title is further amended in Code Section 43-24A-9, relating to provisional permits for446 massage therapists, by revising subsection (a) as follows:447 "(a) A provisional permit to practice as a provisionally permitted massage therapist shall,448 upon proper application, be issued for a six-month period to an applicant who meets the449 following criteria:450 (1) Holds and maintains a valid license as a massage therapist in another state;451 S. B. 207 - 18 - 26 SB 207/AP (2) Is not a resident of this state as confirmed in a secure a nd verifiable document, as452 defined in Code Section 50-36-2;453 (3) Has not had a license or permit to practice as a massage therapist voided, revoked,454 suspended, denied, or annulled by this state or another state, territory, or jurisdiction; and455 (4) Has not been convicted of a directly related felony in the courts of this state, any456 other state, territory, or country, or in the courts of the United States, including, but not457 limited to, a plea of nolo contendere entered to such charge or the affording of first458 offender treatment to any such charge a plea to such charge for which an individual is459 currently serving a first offender sentence in the same manner as provided in paragraph460 (4) of subsection (a) of subsection (q) of Code Section 43-1-19. For purposes of this461 paragraph, the term 'felony' shall have the same meaning a prov ided in Code Section462 43-1-1."463 SECTION 2-6.464 Said title is further amended in Code Section 43-39A-14, relati ng to grant of licenses for465 appraisers by the Real Estate Commission and Appraisers Board, grounds for suspension or466 revocation of license, other sanctions, surrender or lapse, and conviction, by revising467 subsection (b) as follows:468 "(b)(1) As used in this subsection, the term:469 (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of470 a felony or any crime involving moral turpitude covered misdemeanor, regardless of471 whether an appeal of the conviction has been brought; a sentenc ing to first offender472 treatment without an adjudication of guilt pursuant to a charge of a felony or any crime473 involving moral turpitude a covered misdemeanor; or a plea of nolo contendere to a474 charge of a felony or any crime involving moral turpitude covered misdemeanor.475 (B) 'Felony' means any offense committed:476 S. B. 207 - 19 - 26 SB 207/AP (i) Within this state and deemed a felony under the laws of th is state or under the477 laws of the United States; or478 (ii) In another state and deemed a felony under the laws of th at state or the laws of479 the United States.480 (1.1) No person who has a directly related conviction shall be eligible to become an481 applicant for a license or an approval authorized by this chapter unless such person has482 successfully completed all terms and conditions of any sentence imposed for such483 conviction, provided that if such individual has multiple convictions, at least five years484 shall have passed since the individual satisfied all terms and conditions of any sentence485 imposed for the last conviction before making application for licensure or approval; and486 provided, further, that if such individual has a single conviction, at least two years shall487 have passed since the individual satisfied all terms and condit ions of any sentence488 imposed for the last conviction before making application for licensure or approval.489 (1.2) The board shall recommend disciplinary action or denial of an application for490 licensure or approval authorized by this chapter on the basis of a criminal conviction or491 adjudication only if the conviction or adjudication directly re lates to the role of an492 appraiser. In determining if a criminal conviction or adjudication directly relates to the493 role of an appraiser, the board shall consider:494 (A) The nature and seriousness of the crime and the direct relationship of the criminal495 conduct to the duties and responsibilities of the appraiser;496 (B) The age of the individual at the time such crime was committed;497 (C) The length of time elapsed since such crime was committed;498 (D) All circumstances relative to such crime, including, but not limited to, mitigating499 circumstances or social conditions surrounding the commission of the offense; and500 (E) Evidence of rehabilitation and present fitness to perform the duties of the501 occupation for which the license is sought or held, including, but not limited to:502 (i) The completion of the criminal sentence;503 S. B. 207 - 20 - 26 SB 207/AP (ii) A program and treatment certificate issued by the Board of Corrections;504 (iii) Completion of, or active participation in, a rehabilitat ive drug or alcohol505 treatment program;506 (iv) Testimonials and recommendations, which may include a progress report from507 the individual's probation or parole officer;508 (v) Education and training;509 (vi) Employment history;510 (vii) Employment aspirations;511 (viii) The individual's current family or community responsibilities, or both;512 (ix) Any affidavits or other written documents, including, but not limited to, character513 references; and514 (x) Any other information regarding rehabilitation the individ ual submits to the515 board.516 The board shall have the burden of determining whether it is more likely than not that a517 criminal record supports an adverse licensing decision.518 (1.3) In determining whether to terminate and revoke a license , the board shall not519 consider nor require an individual to disclose:520 (A) A deferred adjudication, discharged first offender treatment, completed diversion521 program, completed conditional discharge, or arrest not followed by a conviction;522 (B) A conviction for which no sentence of incarceration can be imposed;523 (C) A conviction that has been restricted, sealed, annulled, d ismissed, vacated, or524 pardoned, provided that the board may consider a plea for which an individual is525 currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another526 state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or527 (D) A juvenile adjudication.528 S. B. 207 - 21 - 26 SB 207/AP (1.2)(1.4) A person who has a directly related conviction in a court of competent529 jurisdiction of this state or any other state shall be eligible to become an applicant for a530 licensure or an approval authorized by this chapter only if:531 (A) Such person has satisfied all terms and conditions of any conviction such person532 may have had before making application for licensure or approval, provided that if such533 individual has multiple convictions, at least five years shall have passed since the534 individual satisfied all terms and conditions of any sentence i mposed for the last535 conviction before making application for licensure or approval; and provided, further,536 that if such individual has been convicted of a single felony o r of a single crime of537 moral turpitude covered misdemeanor, at least two years shall have passed since the538 individual satisfied all terms and conditions of any sentence i mposed for the last539 conviction before making application for licensure or approval;540 (B) No criminal charges for forgery, embezzlement, obtaining m oney under false541 pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation542 violation, or a crime involving moral turpitude covered misdemeanor are pending543 against the person; and544 (C) Such person presents to the commission satisfactory proof that the person now545 bears a good reputation for honesty, trustworthiness, integrity , and competence to546 transact the business of a licensee in such a manner as to safeguard the interest of the547 public.548 (2) Where an applicant for any classification or approval authorized by this chapter has549 been convicted in a court of competent jurisdiction of this state or any other state of the550 offense of forgery, embezzlement, obtaining money under false p retenses, theft,551 extortion, or conspiracy to defraud or other like offense or offenses or has been convicted552 of a felony, a sexual offense, a probation violation, or a crime involving moral turpitude,553 such conviction in itself may be a sufficient ground for refusa l of a classification or554 approval. An applicant for any classification or approval authorized by this chapter who555 S. B. 207 - 22 - 26 SB 207/AP has been convicted of any offense enumerated in this paragraph may be issued a556 classification or approval by the board only if:557 (A) The time periods identified in paragraph (1.1) of this subsection have passed since558 the applicant was convicted, sentenced, or released from any incarceration, whichever559 is later; 560 (B) No criminal charges are pending against the applicant; and561 (C) The applicant presents to the board satisfactory proof that the applicant now bears562 a good reputation for honesty, trustworthiness, integrity, and competence to transact563 real estate appraisal activity in such a manner as to safeguard the interest of the public."564 SECTION 2-7.565 Said title is further amended in Code Section 43-40-15, relatin g to grant of licenses for566 brokers and salespersons by the Real Estate Commission and Appraisers Board, grounds for567 suspension or revocation of license, other sanctions, surrender or lapse, and conviction, by568 revising subsection (b) as follows:569 "(b)(1) As used in this Code section, the term:570 (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of571 a felony or any crime involving moral turpitude covered misdemeanor, regardless of572 whether an appeal of the convic tion has been b rought; a sentencing to first offender573 treatment without an adjudication of guilt pursuant to a charge of a felony or any crime574 involving moral turpitude covered misdemeanor ; or a plea of nolo contendere to a575 charge of a felony or any crime involving moral turpitude covered misdemeanor.576 (B) 'Felony' means any offense committed:577 (i) Within this state and deemed a felony under the laws of th is state or under the578 laws of the United States; or579 (ii) In another state and deemed a felony under the laws of that state or the laws of580 the United States.581 S. B. 207 - 23 - 26 SB 207/AP (1.1) No person who has a directly related conviction shall be eligible to become an582 applicant for a license or an approval authorized by this chapter unless such person has583 successfully completed all terms and conditions of any sentence imposed for such584 conviction, provided that if such individual has multiple convictions, at least five years585 shall have passed since the individual satisfied all terms and conditions of any sentence586 imposed for the last conviction before making application for licensure or approval; and587 provided, further, that if such individual has a single conviction, at least two years shall588 have passed since the individual satisfied all terms and condit ions of any sentence589 imposed for the last conviction before making application for licensure or approval.590 (1.2) The commission shall recommend disciplinary action or denial of an application591 for a licensure or approval authorized by this chapter on the basis of a criminal conviction592 or adjudication only if the conviction or adjudication directly relates to the role of the593 license sought. In determining if a criminal conviction or adjudication directly relates to594 the role of a broker or real estate salesperson, the commission shall consider:595 (A) The nature and seriousness of the crime and the direct relationship of the criminal596 conduct to the duties and responsibilities of the licensee;597 (B) The age of the individual at the time such crime was committed;598 (C) The length of time elapsed since such crime was committed;599 (D) All circumstances relative to such crime, including, but not limited to, mitigating600 circumstances or social conditions surrounding the commission of the offense; and601 (E) Evidence of rehabilitation and present fitness to perform the duties of the602 occupation for which the license is sought or held, including, but not limited to:603 (i) The completion of the criminal sentence;604 (ii) A program and treatment certificate issued by the Board of Corrections;605 (iii) Completion of, or active participation in, a rehabilitat ive drug or alcohol606 treatment program;607 S. B. 207 - 24 - 26 SB 207/AP (iv) Testimonials and recommendations, which may include a progress report from608 the individual's probation or parole officer;609 (v) Education and training;610 (vi) Employment history;611 (vii) Employment aspirations;612 (viii) The individual's current family or community responsibilities, or both;613 (ix) Any affidavits or other written documents, including, but not limited to, character614 references; and615 (x) Any other information regarding rehabilitation the individ ual submits to the616 commission.617 The commission shall have the burden of determining whether it is more likely than not618 that a conviction supports an adverse licensing decision.619 (1.3) In determining whether to terminate and revoke a license, the commission shall not620 consider nor require an individual to disclose:621 (A) A deferred adjudication, discharged first offender treatment, completed diversion622 program, completed conditional discharge, or arrest not followed by a conviction;623 (B) A conviction for which no sentence of incarceration can be imposed;624 (C) A conviction that has been restricted, sealed, annulled, d ismissed, vacated, or625 pardoned, provided that the commission may consider a plea for which an individual626 is currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another627 state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or628 (D) A juvenile adjudication.629 (1.2)(1.4) A person who has a directly related conviction in a court of competent630 jurisdiction of this state or any other state shall be eligible to become an applicant for a631 licensure or an approval authorized by this chapter only if:632 (A) Such person has satisfied all terms and conditions of any conviction such person633 may have had before making application for licensure or approval, provided that if such634 S. B. 207 - 25 - 26 SB 207/AP individual has multiple convictions, at least five years shall have passed since the635 individual satisfied all terms a nd conditions of any sentence i mposed for the last636 conviction before making application for licensure or approval; and provided, further,637 that if such individual has been convicted of a single felony o r of a single crime of638 moral turpitude covered misdemeanor, at least two years shall have passed since the639 individual satisfied all terms and conditions of any sentence i mposed for the last640 conviction before making application for licensure or approval;641 (B) No criminal charges for forgery, embezzlement, obtaining m oney under false642 pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation643 violation, or a crime involving moral turpitude covered misdemeanor are pending644 against the person; and645 (C) Such person presents to the commission satisfactory proof that the person now646 bears a good reputation for honesty, trustworthiness, integrity , and competence to647 transact the business of a licensee in such a manner as to safeguard the interest of the648 public.649 (2) Where an applicant for any license or approval authorized by this chapter has been650 convicted of forgery, embezzlement, obtaining money under false pretenses, theft,651 extortion, conspiracy to defraud, or other like offense or offenses or has been convicted652 of a felony, a sexual offense, a probation violation, or a crime involving moral turpitude653 and has been convicted thereof in a court of competent jurisdic tion of this state or any654 other state such conviction in itself may be sufficient ground for refusal of a license or655 approval authorized by this chapter. An applicant for licensure as an associate broker or656 a broker who has been convicted of any offense enumerated in th is paragraph may be657 licensed by the commission as an associate broker or a broker only if: 658 (A) At least ten years have passed since the applicant was con victed, sentenced, or659 released from any incarceration, whichever is later; 660 (B) No criminal charges are pending against the applicant; and661 S. B. 207 - 26 - 26 SB 207/AP (C) The applicant presents to the commission satisfactory proof that the applicant now662 bears a good reputation for honesty, trustworthiness, integrity , and competence to663 transact the business of a licensee in such a manner as to safeguard the interest of the664 public."665 SECTION 2-8.666 Said title is further amended in Code Section 43-45-9, relating to examination for structural667 pest control operator certification by the Structural Pest Cont rol Commission, by revising668 subsection (a) as follows:669 "(a)(1) All applicants for examination for certification as an operat or must have a670 knowledge of the practical and scientific facts underlying the practice of structural pest671 control, control of wood-destroying organisms, and fumigation a nd the necessary672 knowledge and ability to recognize and control those hazardous conditions which may673 affect human life and health. The commission may refuse to examine anyone convicted674 of a crime involving moral turpitude directly related felony or directly related covered675 misdemeanor.676 (2) The commission shall refuse to examine an applicant on the basis of a criminal record677 only if the criminal record directly relates to the role of an operator. In determining if a678 criminal record directly relates to the role of a pest control operator, the commission shall679 consider:680 (A) The nature and seriousness of the crime and the direct relationship of the criminal681 conduct to the duties and responsibilities of the operator;682 (B) The age of the individual at the time such crime was committed;683 (C) The length of time elapsed since such crime was committed;684 (D) All circumstances relative to such crime, including, but not limited to, mitigating685 circumstances or social conditions surrounding the commission of the offense; and686 S. B. 207 - 27 - 26 SB 207/AP (E) Evidence of rehabilitation and present fitness to perform the duties of the687 occupation for which the certificate is sought or held, including, but not limited to:688 (i) The completion of the criminal sentence;689 (ii) A program and treatment certificate issued by the Board of Corrections;690 (iii) Completion of, or active participation in, a rehabilitat ive drug or alcohol691 treatment program;692 (iv) Testimonials and recommendations, which may include a progress report from693 the individual's probation or parole officer;694 (v) Education and training;695 (vi) Employment history;696 (vii) Employment aspirations;697 (viii) The individual's current family or community responsibilities, or both;698 (ix) Whether a bond is required to practice the occupation;699 (x) Any affidavits or other written documents, including, but not limited to, character700 references; and701 (xi) Any other information regarding rehabilitation the indivi dual submits to the702 commission.703 (3) In determining whether to refuse to examine an applicant, the commission shall not704 consider nor require an individual to disclose:705 (A) A deferred adjudication, discharged first offender treatment, completed diversion706 program, completed conditional discharge, or arrest not followed by a conviction;707 (B) A conviction for which no sentence of incarceration can be imposed;708 (C) A conviction that has been restricted, sealed, annulled, d ismissed, vacated, or709 pardoned, provided that the commission may consider a plea for which an individual710 is currently serving a sentence pursuant to Article 3 of Chapte r 8 of Title 42, another711 state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;712 (D) A juvenile adjudication;713 S. B. 207 - 28 - 26 SB 207/AP (E) A misdemeanor conviction older than five years, unless the offense of conviction714 is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or715 (F) A conviction older than five years for which the individual was not incarcerated,716 or a conviction for which the individual's incarceration ended more than five years717 before the date of the commission's consideration, except for a felony conviction related718 to:719 (i) A criminal sexual act;720 (ii) Criminal fraud or embezzlement;721 (iii) Aggravated assault;722 (iv) Aggravated robbery;723 (v) Aggravated abuse, neglect, or endangerment of a child;724 (vi) Arson;725 (vii) Carjacking;726 (viii) Kidnapping; or727 (ix) Manslaughter, homicide, or murder.728 (4)(A) Notwithstanding any other provision of law, an individu al with a crim inal729 record may petition the commission at any time, including while incarcerated and730 before starting or completing any required professional qualifications for certification,731 for a predetermination as to whether the individual's criminal record will disqualify732 such individual from obtaining a certification as an operator.733 (B) The petition for predetermination shall include the individual's criminal record or734 authorize the commission to obtain the individual's criminal re cord. The petitioning735 individual need not disclose any offenses falling under paragraph (3) of this subsection. 736 The petition shall also include any information the petitioner chooses to submit737 concerning the circumstances of his or her record and his or her rehabilitation.738 (C) In considering predetermination petitions, the commission shall apply the direct739 relationship standard in paragraph (2) of this subsection and s hall not consider any740 S. B. 207 - 29 - 26 SB 207/AP offenses falling under paragraph (3) of this subsection. The commission shall support741 any adverse predetermination by determining whether it is more likely than not that a742 criminal record supports an adverse certification decision.743 (D) A predetermination made under this paragraph that a petiti oner is eligible for a744 certification shall be binding on the commission only if the pe titioner applies for745 certification and fulfills all other requirements for operator certification and the746 petitioner's submitted criminal record was correct and remains unchanged at the time747 of his or her application for certification.748 (E) If a petitioner's criminal record includes matters that may disqualify the petitioner749 from certification, the commission shall notify the petitioner of the potentially750 disqualifying convictions. The letter of concern shall advise the petitioner of his or her751 opportunity to submit additional evidence of rehabilitation and mitigation or for a752 hearing, or both.753 (F) The commission may predetermine that the petitioner's crim inal record is likely754 grounds for denial of certification only after the commission has held a hearing on the755 petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia756 Administrative Procedure Act.' The hearing shall be held in person, by remote video,757 or by teleconference within 60 days of receipt of the predeterm ination petition. The758 individual shall have the opportunity to include character witn esses at the hearing,759 including but not limited to family members, friends, past or p rospective employers,760 probation or parole officers, and rehabilitation counselors, who may offer their verbal761 or written support. The commission shall not make an adverse i nference by a762 petitioner's decision to forgo a hearing or character witnesses. The commission shall763 issue a final decision within 60 days of complete submission of the issue for764 consideration or the hearing, whichever is later.765 (G) If the commission decides that a predetermination petition er is ineligible for a766 license, the commission shall notify the petitioner of the following:767 S. B. 207 - 30 - 26 SB 207/AP (i) The grounds and rationale for the predetermination, includ ing any of the768 petitioner's specific convictions and the factors provided for in paragraph (2) of this769 subsection the commission deemed directly relevant;770 (ii) An explanation of the process and right to appeal the com mission's771 predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative772 Procedure Act'; and773 (iii) Any actions the petitioner may take to remedy the disqua lification. An774 individual who receives a predetermination of ineligibility may submit a revised775 petition reflecting completion of the remedial actions. The individual may submit a776 new petition to the commission not before one year following a final judgment on his777 or her initial petition or upon completing the remedial actions, whichever is earlier.778 (H) The denial of a predetermination petition because of the applicant's criminal record779 shall constitute a contested case as defined in Code Section 50 -13-2. In an780 administrative hearing reviewing the denial of a predetermination petition, the applicant781 shall have the burden of proving that his or her criminal record does not directly relate782 to the licensed occupation."783 PART III784 SECTION 3-1.785 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in786 Article 1 of Chapter 23, relating to agents, agencies, subagents, counselors, and adjusters, by787 adding two new Code sections to read as follows:788 "33-23-21.2.789 (a) Notwithstanding any other provision of law, an individual with a criminal record may790 petition the Commissioner at any time, including while incarcerated and before starting or791 completing any required professional qualifications for licensure, for a predetermination792 S. B. 207 - 31 - 26 SB 207/AP as to whether the individual's criminal record will disqualify him or her from obtaining a793 license.794 (b) The petition for predetermination shall include the indivi dual's criminal record or795 authorize the Commissioner to obtain the individual's criminal record. The petition shall796 also include information submitted by the petitioner concerning the circumstances of his797 or her record and his or her rehabilitation.798 (c) A predetermination made under this Code section that a pet itioner is eligible for a799 license shall be binding on the Commissioner only if the petitioner applies for licensure and800 fulfills all other requirements for the licensure and the petit ioner's submitted criminal801 record was correct and remains unchanged at the time of his or her application for a license.802 (d) If a petitioner's criminal record includes matters that may disqualify the petitioner from803 licensure, the Commissioner shall provide notice and opportunit y for a hearing in804 accordance with Chapter 2 of this title.805 (e) If, after notice and the opportunity for a hearing, the Co mmissioner decides that a806 predetermination petitioner is ineligible for a license, the Co mmissioner shall notify the807 petitioner of the following:808 (1) The grounds and rationale for the predetermination, includ ing the factors in Code809 Section 33-23-21.2 the Commissioner deemed directly relevant;810 (2) An explanation of the process and right to appeal the Comm issioner's811 predetermination decision; and812 (3) Any actions the petitioner may take to remedy the disquali fication. An individual813 who receives a predetermination of ineligibility may submit a revised petition reflecting814 completion of the remedial ac tions. The individua l may submit a new petition to the815 Commissioner not before one year following a final judgment on his or her initial petition816 or upon completing the remedial actions, whichever is earlier.817 (f) Notwithstanding any other provision of this title to the c ontrary, a denial by the818 Commissioner of a predetermination petition because of the appl icant's criminal record819 S. B. 207 - 32 - 26 SB 207/AP shall constitute a contested case as defined in Code Section 50-13-2. In an administrative820 hearing reviewing the denial of a predetermination petition, th e applicant shall have the821 burden of proving that his or her criminal record does not dire ctly relate to the licensed822 occupation."823 "33-23-43.11.824 (a) Notwithstanding any other provision of law, an individual with a criminal record may825 petition the Commissioner at any time, including while incarcerated and before starting or826 completing any required professional qualifications for licensure, for a predetermination827 as to whether the individual's criminal record will disqualify him or her from obtaining a828 public adjuster's license.829 (b) The petition for predetermination shall include the indivi dual's criminal record or830 authorize the Commissioner to obtain the individual's criminal record. The petition shall831 also include information submitted by the petitioner concerning the circumstances of his832 or her record and his or her rehabilitation.833 (c) A predetermination made under this Code section that a pet itioner is eligible for a834 license shall be binding on the Commissioner only if the petitioner applies for licensure and835 fulfills all other requirements for the licensure and the petit ioner's submitted criminal836 record was correct and remains unchanged at the time of his or her application for a837 license.838 (d) If a petitioner's criminal record includes matters that may disqualify the petitioner from839 licensure, the Commissioner shall provide notice and opportunit y for a hearing in840 accordance with Chapter 2 of this title.841 (e) If, after notice and th e opportunity for a hearing, the Co mmissioner decides that a842 predetermination petitioner is ineligible for a license, the Co mmissioner shall notify the843 petitioner of the following:844 S. B. 207 - 33 - 26 SB 207/AP (1) The grounds and rationale for the predetermination, includ ing the specific845 convictions and the factors in Code Section 33-23-43.11 the Com missioner deemed846 directly relevant;847 (2) An explanation of the process and right to appeal the Comm issioner's848 predetermination decision; and849 (3) Any actions the petitioner may take to remedy the disquali fication. An individual850 who receives a predetermination of ineligibility may submit a revised petition reflecting851 completion of the remedial actions. The individual may submit a new petition to the852 Commissioner not before one year following a final judgment on his or her initial petition853 or upon completing the remedial actions, whichever is earlier.854 (f) Notwithstanding any other provision of this title to the co ntrary, a denial by the855 Commissioner of a predetermination petition because of the appl icant's criminal record856 shall constitute a contested case as defined in Code Section 50-13-2. In an administrative857 hearing reviewing the denial of a predetermination petition, th e applicant shall have the858 burden of proving that his or her criminal record does not dire ctly relate to the licensed859 occupation."860 PART IV861 SECTION 4-1.862 Chapter 4 of Title 25 of the Official Code of Georgia Annotated , relating to firefighter863 standards and training, is amended by adding a new subsection t o Code Section 25-4-8,864 relating to qualifications of firefighters generally, to read as follows:865 "(d) A person who pleaded guilty to a felony offense under Article 3 of Chapter 8 of Title866 42 and successfully completed the terms of his or her sentence pursuant to Article 3 of867 Chapter 8 of Title 42 may, at the council's discretion, be cert ified and employed as a868 firefighter if such person otherwise meets the qualifications set forth in this Code section.869 S. B. 207 - 34 - 26 SB 207/AP Such person shall provide information on the circumstances underlying the plea of guilty,870 as requested by the council, to enable the council to make an i nformed decision on such871 individual's qualification status."872 PART V873 SECTION 5-1.874 Code Section 17-10-21 of the Official Code of Georgia Annotated , relating to vacating of875 sentence for trafficking victim defendants, is amended by revising subparagraph (a)(2)(C)876 and subsection (b) as follows:877 "(C) Shall be submitted with a copy of his or her criminal hist ory background check878 report conducted by the Georgia Crime Information Center that has been completed no879 more than three ten business days prior to the filing of the petition; provided, however,880 that the defendant shall not be charged a fee by the Georgia Crime Information Center881 for a report produced for purposes of this Code section; and"882 "(b) When a petition provided for under subsection (a) of this Code section is filed, it shall883 be filed under seal. The clerk of court shall accept defendant 's filing under seal without884 need of a court order for any petition provided for under subse ction (a) of this Code885 section. All subsequent filings, motions, hearings, court recor dings, court transcripts,886 orders, and other court documents related to such petition shall remain under seal without887 need for any additional court order."888 PART VI889 SECTION 6-1.890 (a) Except as provided in subsection (b) of this section, this Act shall become effective on891 July 1, 2026.892 S. B. 207 - 35 - 26 SB 207/AP (b) Parts I through IV of this Act shall become effective on July 1, 2027, and shall apply to893 all applications for licensure submitted on or after such date.894 SECTION 6-2.895 All laws and parts of laws in conflict with this Act are repealed.896 S. B. 207 - 36 -