---
title: O.C.G.A. § 20-1A-35. Provisional employees; receipt of satisfactory determination; revocation of license, commission, or permit for violations.
collection: code
id: 20-1A-35
cite_as: O.C.G.A. § 20-1A-35 (2025)
canonical_url: https://georgiacommons.org/code/20-1A-35
md_url: https://georgiacommons.org/code/20-1A-35.md
text_url: https://georgiacommons.org/code/20-1A-35/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t20-ch1-2a-(v17)-2022-pdf.pdf?sfvrsn=9db936c6_0#page=76
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/20-1A.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EDUCATION / EARLY CARE AND LEARNING / BACKGROUND CHECKS
---

# O.C.G.A. § 20-1A-35. Provisional employees; receipt of satisfactory determination; revocation of license, commission, or permit for violations.

(a) Where there is need for a provisional employee to work at a licensed, commissioned, or permitted early care and education program facility, such early care and education program may utilize an individual as a provisional employee only after the individual receives a satisfactory determination pursuant to rules and regulations promulgated by the department in accordance with this article. No such provisional employee shall be present at a facility while any child is present for care or reside in a facility until such satisfactory determination has been made. The board shall be authorized to define and enforce all regulations pertaining to provisional employees. The department may revoke the license, commission, or permit of an early care and education program if the early care and education program fails to comply with the rules and regulations pertaining to provisional employees.

(b) If the department determines a licensed, commissioned, or permitted early care and education program knows or should reasonably know that a provisional employee has a criminal record and allows the provisional employee to be present at a facility while children are present for care or to reside at a facility, the department shall revoke the license, commission, or permit for that early care and education program.

## History

Code 1981, § 20-1A-35, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 1101, § 7/HB 494.