Disclosure of information

Notwithstanding the provisions of Code Section 43-1-19, the Secretary of State shall be authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure. Nothing in this chapter shall be construed to prohibit or limit the authority of the Secretary of State to disclose to any person or entity information concerning the 680 43-20A-15 existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure. History. Code 1981, § 43-20A-14, enacted by Ga. L. 2008, p. 1112, § 15/HB 1055. 43-20A-15. Formal order of investigation; authorized action; emergency order; notice requirements. (a) The Secretary of State shall be authorized to issue a formal order of investigation. Such order shall commence an investigation to determine whether any person is in violation of this chapter or to aid in the enforcement of this chapter. (b) The Secretary of State shall be authorized to take any administrative action authorized by law to enforce the provisions of this chapter. The Secretary of State shall be authorized to transmit a civil or criminal referral investigative report and evidence of violations of this chapter to any prosecuting attorney or to the Attorney General, who may, at his or her individual discretion, institute any necessary civil or criminal proceedings. (c) Notwithstanding any other provision of this chapter, an emergency order pursuant to this Code section shall be effective on the date of issuance, provided that: (1) The Secretary of State deems that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the emergency order, in which case the order may be effective immediately pending proceedings, which shall be promptly instituted; or (2) The order is expressly required, by a judgment or a statute, to be made without the right to a hearing or continuance of any type. (d) Upon issuance of the notice and proposed order, pursuant to this Code section, the Secretary of State shall promptly serve each person subject to the order with a copy of the notice and proposed order. The order shall include a statement of any administrative sanctions that the Secretary of State will seek, a statement of the reasons for the order, and notice that, upon the request by any respondent named in the emergency order, a hearing will be promptly scheduled pursuant to the provisions of Code Sections 50-13-18 and 50-13-41. Hearings shall be conducted by the Office of State Administrative Hearings pursuant to Chapter 13 of Title 50. If a person subject to the order does not request from the Office of State Administrative Hearings a hearing within 30 days after the date of service of the notice and proposed order, the order 681 43-20A-16 shall become final as to that person by operation of law. If any person subject to the emergency order requests a hearing, or is ordered by the Secretary of State, after notice and opportunity for hearing has been served upon each person subject to the emergency order, the Secretary of State may modify, vacate, or extend the emergency order any time prior to a final determination. History. Code 1981, § 43-20A-15, enacted by Ga. L. 2008, p. 1112, § 15/HB 1055. 43-20A-16. Cause for disciplinary actions; disciplinary order a final order. (a) The Secretary of State shall order the discipline, denial, suspension, or revocation of license issued pursuant to this chapter, if the Secretary of State finds that the order is in the public interest and that such person: (1) Has filed an application for licensure with the Secretary of State which, as of its effective date or any date after filing in the case of an order denying effectiveness, contained a statement that was, in light of the circumstances under which it was made, false with respect to a material fact in the application; (2) Has violated or failed to comply with any provisions of this chapter; (3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by any government agency or administrator of another state or a court of competent jurisdiction that the person has willfully violated the law of another state, but only if the acts constituting the violation of that state’s law would constitute a violation of this chapter had the acts occurred in this state; (4) Has been convicted of any felony in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (5) of 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; and, as used in this paragraph, the term “conviction” shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (5) Within the last ten years has been convicted of a felony or misdemeanor involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United 682 43-20A-16 States, the record of conviction being conclusive evidence of conviction, which the Secretary of State finds: (A) Involves the taking of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses; (B) Arises out of the conduct of immigration assistance; or (C) Involves the theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; (6) Is the subject of an order of the Secretary of State that denies, suspends, or revokes a license from such person other than a license issued pursuant to this chapter; (7) Is the subject of any of the following orders which are effective at the time of the Secretary of State’s order and were issued within five years before the Secretary of State’s order: (A) An order by an agency or administrator of another state, a foreign country, or the federal government, entered after notice and opportunity for hearing, that denies, suspends, or revokes a license from such person other than a license issued pursuant to this chapter; (B) A United States Postal Service fraud order; or (C) A cease and desist order entered after notice and opportunity for hearing by the Secretary of State or other state or federal authority; (8) Is determined by the Secretary of State not to be qualified pursuant to this chapter; (9) Violated or conspired to violate this chapter; (10) Engaged in conduct that significantly adversely reflects on the applicant’s credibility, honesty, or integrity; (11) Has failed to cure any application deficiency within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State shall vacate an order pursuant to this paragraph when the deficiency is corrected, unless the applicant has abandoned the application; or (12) Has failed to comply with an order for child support as defined by Code Section 19-11-9.3. Notwithstanding the provisions of Chapter 13 of Title 50, the hearings and appeals procedures provided in Code Section 19-6-28.1 or 19-11-9.3, where applicable, shall be the only such procedures required under this subsection. 683 43-20A-17 (a.1) The Secretary of State shall not order the discipline, denial, suspension, or revocation of a license issued pursuant to this chapter because a person has been found by the Georgia Higher Education Assistance Corporation to be a borrower in default who is not in satisfactory repayment status as defined in Code Section 20-3-295. (b) Prior to issuing an order pursuant to subsection (a) of this Code section, the Secretary of State shall consider: (1) How recently the conduct occurred; (2) The nature of the conduct and the context in which it occurred; (3) The degree of harm imposed upon others; and (4) Any other relevant conduct of the applicant. (c) If the Secretary of State determines that a licensee is no longer in existence or acting as an immigration assistance provider, the subject of an adjudication of incapacity, subject to the control of a trustee, conservator, or guardian, or cannot reasonably be located, the Secretary of State may issue an order that cancels or terminates the license. The Secretary of State may reinstate a canceled or terminated license, with or without hearing, and may make the license retroactive. (d) An order issued pursuant to subsection (a) of this Code section shall constitute a final order, shall be deemed to be in the public interest, and shall not be deemed to constitute findings of fact or conclusions of law related to other persons. The entry of such an order shall not be deemed to be a waiver or estoppel on the part of the Secretary of State from proceeding in individual actions against any persons who may have violated this chapter, nor shall such an order prevent the Secretary of State from bringing individual actions against any persons who have violated this chapter, if such violation was not known to the Secretary of State at the time the order was issued. (e) An order is not a proceeding or enforcement action pursuant to Chapter 13 of Title 50. History. Code 1981, § 43-20A-16, enacted by Ga. L. 2008, p. 1112, § 15/HB 1055; Ga. L. 2019, p. 462, § 1-14/SB 214. 43-20A-17. Suspension of license for nonpayment, default, or breach of repayment or service obligation under certain educational loan or scholarship programs prohibited. The Secretary of State shall not suspend a license issued pursuant to this chapter because of nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program. 684 History. Code 1981, § 43-20A-17, enacted by Ga. 43-20A-19 L. 2008, p. 1112, § 15/HB 1055; Ga. L. 2019, p. 462, § 1-15/SB 214. 43-20A-18. Cease and desist order.