This regulation establishes minimum standards for fingerprint-based criminal background checks, registry checks, and professional licensing board checks for owners, administrators, applicants, and employees at facilities licensed by the Georgia Department of Behavioral Health and Developmental Disabilities. It applies to four defined facility types: adult residential mental health programs, drug abuse treatment and education programs, narcotic treatment programs, and community living arrangements. Facilities must conduct these checks prior to hiring and upon license application, and must terminate or exclude individuals who receive ineligible determinations, with civil monetary penalties up to $10,000 for non-compliance. Individuals may contest ineligible determinations through an Individualized Assessment process and, if necessary, an administrative appeal to the Office of State Administrative Hearings.
View official sourceSubject 82-15-1 [Effective 9/21/2026] CRIMINAL BACKGROUND CHECKS Rule 82-15-1-.01 Legal Authority These rules are adopted and published pursuant to the Official Code of Georgia Annotated (O.C.G.A.) §§ 26-5-43 , 37-1-147 , and 37-1-149 . Rule 82-15-1-.02 Title and Purpose (1) These rules shall be known as the Rules and Regulations for Criminal Background Checks. (2) The purpose of these rules is to establish the minimum standards for conducting fingerprint-based background checks, registry checks, and professional licensing board checks of owners, applicants for employment, administrators, and employees at facilities licensed by the Department of Behavioral Health and Developmental Disabilities. (3) The Department is authorized to conduct state-level and nationwide background checks by the submission of fingerprints to the Georgia Crime Information Center (GCIC) and the Federal Bureau of Investigation (FBI). In order to determine the suitability of a license candidate, owner, administrator, applicant, or employee, the Department shall require such person to furnish a full set of fingerprints to enable a criminal background check to be conducted. (4) The Department of Behavioral Health and Developmental Disabilities shall be responsible for review of the criminal background check to determine the covered individual's fitness to have responsibility for the safety and well-being of individuals receiving services and to convey that determination to the licensed facility. Rule 82-15-1-.03 Definitions In these rules, unless the context otherwise requires, the words and phrases set forth herein shall mean the following: (1) "Administrator" means the individual designated by a narcotic treatment program's governing body who is responsible for the on-going and day-to-day operations of the program, for overall compliance with federal, state, and local laws and regulations regarding the operation of narcotic treatment programs, and for all program employees including practitioners, agents, or other persons providing services at the program. (2) "Applicant" means a person applying to be a direct access employee at a facility. (3) "Conviction" means a finding or verdict of guilty or a plea of guilty, including a plea of guilty pursuant to O.C.G.A. § 42-8-60 , regardless of whether an appeal of the conviction has been sought. (4) "Crime" means commission of: (a) Any of the following offenses: 1. A violation of O.C.G.A. § 16-5-3 ; 2. A violation of O.C.G.A. § 16-5-70 ; 3. A violation of O.C.G.A. § 16-5-101 ; 4. A violation of O.C.G.A. § 16-5-102 ; 5. A violation of O.C.G.A. § 16-6-3 ; 6. A violation of O.C.G.A. § 16-6-4 ; 7. A violation of O.C.G.A. § 16-6-5 ; 8. A violation of O.C.G.A. § 16-6-5.1 ; 9. A violation of O.C.G.A. §§ 16-7-60 , 16-7-60.1 , 16-7-61 , or 16-7-62 ; 10. A violation of Chapter 8 of Title 16 of the Official Code of Georgia; 11. A violation of O.C.G.A. § 16-10-31 ; or 12. A violation of O.C.G.A. § 30-5-8 . (b) A felony violation of: 1. Chapter 5, 6, 9, or 13 of Title 16 of the Official Code of Georgia; 2. O.C.G.A. § 16-4-1 ; 3. O.C.G.A. § 16-7-2 ; or 4. Subsection (f) of O.C.G.A. § 31-7-12.1 ; or (c) Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to constitute an offense identified in this paragraph without regard to its designation elsewhere; or (d) Any other criminal offense as determined by the Department and established by rule adopted pursuant to Chapter 13 of Title 50 of the Official Code of Georgia, the "Georgia Administrative Procedure Act," that would indicate the unfitness of an individual to be involved in the operations or activities of a narcotic treatment program. (5) "Criminal background check" means a search of the criminal records maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation to determine whether an owner, administrator, applicant, or employee has a criminal record. (6) "Criminal record" means any of the following: (a) Conviction of a crime; (b) Arrest, charge, and sentencing for a crime when: 1. A plea of nolo contendere was entered to the crime; 2. First offender treatment without adjudication of guilt was granted to the crime; or 3. An adjudication or sentence was otherwise withheld or not entered for the crime. (c) Arrest and charges for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17 of the Official Code of Georgia. (7) "Department" means the Department of Behavioral Health and Developmental Disabilities, its agents and employees. (8) "Direct access" means having, or expecting to have, duties that involve routine personal contact with a patient, resident, or client, including, but not limited to, face-to-face contact, hands-on physical assistance, verbal cuing, reminding, standing by or monitoring or activities that require the person to be routinely alone with the patient's, resident's, or client's property or access to such property or financial information, including, but not limited to, the patient's, resident's, or client's checkbook, debit and credit cards, resident trust funds, banking records, stock accounts, or brokerage accounts. (9) "Eligible determination" means a written determination that a person for whom a criminal background check was performed was found to have no criminal record. (10) "Employee" means any individual who has direct access to and who is hired by, a facility through employment, or through a contract with such facility, including, but not limited to, housekeepers, maintenance personnel, dieticians, and any volunteer who has duties that are equivalent to the duties of an employee providing such services. Such term shall not include a person who contracts with the facility, whether personally or through a company, to provide utility, construction, communications, accounting, quality assurance, human resource management, information technology, legal, or other services if the contracted services are not directly related to providing services to a patient, resident, or client of the facility. (11) "FBI" means the Federal Bureau of Investigation. (12) "Facility" means: (a) An adult residential mental health program required to be licensed pursuant to Article 7 of Chapter 3 of Title 37 of the Official Code of Georgia. (b) A drug abuse treatment and education program required to be licensed under Article 1 of Chapter 5 of Title 26 of the Official Code of Georgia. (c) A narcotics treatment program required to be licensed pursuant to Article 2 of Chapter 5 of Title 26 of the Official Code of Georgia. (d) A community living arrangement required to be licensed under Article 1 of Chapter 13 of Title 37 of the Official Code of Georgia. (13) "Fingerprint records check determination" means an eligible or ineligible determination by the Department based upon fingerprint-based national criminal history information. (14) "GCIC" means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia. (15) "Indirect ownership interest" means an ownership interest in a corporation, partnership, legal entity, or association which owns an ownership interest in another corporation, partnership, legal entity, or association. This term includes an ownership interest in any corporation, partnership, legal entity, or association that has an indirect ownership interest in a facility or in a license candidate. (16) "Ineligible determination" means a written determination that a person for whom a criminal background check was performed was found to have a criminal record. (17) "License" means the document issued by the Department to authorize a facility to operate. (18) "License candidate" means a person, corporation, partnership, legal entity, or association applying for a license to operate a facility. (19) "Owner" means a person with an ownership interest in a facility or license candidate or with an ownership interest in a corporation, partnership, legal entity, or association which has any ownership interest in a facility or license candidate, including an indirect ownership interest. (20) "Ownership interest" means the possession of equity in the capital, stock, or profits of either a: (a) Facility or license candidate; or (b) Corporation, partnership, legal entity or association that holds a license for a facility. (21) "Records check application" means fingerprints in such form and of such quality as prescribed by the GCIC under standards adopted by the Federal Bureau of Investigation and a records search fee to be established by the GCIC, payable in such form as the GCIC may direct to cover the cost of obtaining a criminal background check. (22) "Registry check" means a review of the nurse aide registry provided for in O.C.G.A. § 31-2-14 , the national and state sexual offender registries, and the List of Excluded Individuals and Entities as authorized in Sections 1128 and 1156 of the federal Social Security Act, as it existed on February 1, 2018, or any other registry useful for the administration of, or mandated under, these rules. Rule 82-15-1-.04 Registry Check (1) Prior to a criminal background check required by these rules, the facility shall perform a registry check of the owner, applicant, administrator, and employees. If an individual has not resided in this state for at least two years, the facility shall conduct registry checks for each state in which the owner, administrator, applicant, or employee resided for the previous two years, as represented by such individual or as otherwise determined by the facility. (2) If the owner, applicant, administrator, or employee appears on a registry, he or she shall not be employed by, contracted with, or allowed to work as an employee at a facility, to be an owner of the facility, or to serve as an administrator of the facility. (3) Except as provided in subsection (c) of O.C.G.A. § 37-1-148 , nothing in these rules shall be construed to limit the responsibility or ability of a facility to screen owners, applicants, administrators, and employees through additional methods. Rule 82-15-1-.05 Professional Licensing Board Check (1) Prior to a criminal background check required by these rules, the facility shall perform a professional licensing board check of the owner, administrator, applicant, or employee, if the individual is a licensed healthcare professional or is required to hold a professional license as a qualification for the position. (2) The professional licensing board check shall include a query of available information maintained by the Georgia Composite Medical Board, the Secretary of State, or other applicable licensing boards to determine that such individual has a professional license valid in the State of Georgia that is in good standing. (3) An individual required to hold a professional license as a qualification for a position shall not be employed by, contracted with, or allowed to work as an employee at a facility, or to serve as an administrator of the facility if the professional license is not valid and in good standing. (4) An individual whose professional license is not in good standing may be employed by a facility in a position where his or her duties do not require professional licensure, provided that he or she completes a records check application and criminal background check in the same manner as an employee or applicant in accordance with these rules. (5) Except as provided in subsection (c) of O.C.G.A. § 37-1-148 , nothing in these rules shall be construed to limit the responsibility or ability of a facility to screen owners, applicants, administrators, and employees through additional methods. Rule 82-15-1-.06 Records Check Application (1) A records check application and criminal background check shall be required: (a) For each owner, administrator, employee, and applicant, upon a facility's or license candidate's application for a new license; (b) For each owner, upon application for a change of a licensed facility's ownership; (c) For each administrator of a narcotics treatment program, upon application for employment as administrator or prior to placement in the position of administrator; and (d) For each applicant and employee of a licensed facility, upon application for employment or prior to placement in the position. (2) The Department shall make reasonable efforts to communicate the eligible determination or ineligible determination to the license candidate or facility within fifteen (15) business days of receipt of the results of the criminal background check. (3) The Department must communicate the eligible determination or ineligible determination to the owner, administrator, employee, or applicant who is the subject of the criminal background check, and, if the person receives an ineligible determination, the Department will notify that person of his or her right to challenge the accuracy and completeness of any information contained in the criminal background check. (4) Except as provided in subsection (c) of O.C.G.A. § 37-1-148 , nothing in these rules shall be construed to limit the responsibility or ability of a facility to screen owners, applicants, administrators, and employees through additional methods. (5) If the Department is participating in the program described in subparagraph (a)(1)(F) of O.C.G.A. § 35-3-33 , the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program, and the Department shall notify the individual whose fingerprints were taken of the parameters of such retention. Rule 82-15-1-.07 Owners (1) When the Department determines that an owner has an ineligible determination as a result of a criminal background check or has appeared on a registry check, the Department shall notify such owner of the ineligible status for ownership and shall take the necessary steps to revoke the facility's license or refuse to issue a license if an application is pending. (2) The Department's ineligible determination of an owner or any action by the Department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50 of the Official Code of Georgia, the "Georgia Administrative Procedure Act," except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the Department. (a) In a hearing held pursuant to this subparagraph (2), the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility, in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. (b) When a hearing is required, at least thirty (30) days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecuting attorney to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated under these rules. If objections are made, the hearing officer shall take such objections into consideration. Rule 82-15-1-.08 Background Checks Initiated by the Department (1) The Department may require a criminal background check on any facility owner, administrator or employee during the course of an investigation involving such individual or if the Department receives information that such individual was arrested for a crime. In such instances, the individual shall submit a records check application within five (5) days of notification that the Department is requiring a criminal background check. (2) The criminal background check will be fingerprint based and shall be conducted in the manner set forth in subsections (b), (c), (d), and (e) of O.C.G.A. § 37-1-142 and in these rules. (3) If the Department is participating in the program described in subparagraph (a)(1)(F) of O.C.G.A. § 35-3-33 , the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program, and the Department shall notify the individual whose fingerprints were taken of the parameters of such retention. Rule 82-15-1-.09 Employment Prohibition (1) When the Department determines that an applicant or employee has an ineligible determination, the Department shall notify the facility that the applicant or employee is ineligible to hire or employ. The facility shall take the necessary steps so that the employee is no longer employed at the facility, provided, however, that a facility may retain a current employee during the period of any administrative review or appeal provided for in O.C.G.A. § 37-1-147 or in these rules. (2) A person required to submit to a registry check and criminal background check under these rules shall not be employed by, contracted with, or allowed to work as an employee at a facility if: (a) The person appears on a registry check; (b) There is a substantiated finding of neglect, abuse, or misappropriation of property by a state or federal agency pursuant to an investigati on conducted in accordance with 42 U.S.C. Section 1395 -i or 1396-r as it existed on February 1, 2018; (c) A professional license is required for the position or duties for which the person is employed, and the person's license is not in good standing as required by these rules; or (d) The facility receives notice from the Department that the individual has been found to have an ineligible determination. (3) Each employment application form provided by a facility to an applicant shall conspicuously state the following: "FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT." Rule 82-15-1-.10 Contested Results (1) An owner, applicant, employee, or administrator who has received an ineligible determination may: (a) Request a background check information inspection at the Georgia Crime Information Center if he or she believes their criminal record information is inaccurate, incomplete, or misleading; (b) Obtain information concerning the accuracy of his or her criminal record, and the Department shall refer such individual to the appropriate state or federal law enforcement agency that was involved in the arrest or conviction; and (c) Challenge the finding that he or she is the true subject of the results from a registry check, and the Department shall refer such individual to the agency responsible for maintaining such registry. Rule 82-15-1-.11 Administrative Review Through Individualized Assessment (1) An owner, applicant, employee, or administrator who has received an ineligible determination and who wishes to challenge that determination may pursue the Individualized Assessment process. This process is an administrative review by the Department which must be requested and completed before an appeal to the Office of State Administrative Hearings can be made (see O.C.G.A. § 37-1-147(a)(3) ). (2) Within thirty (30) calendar days of the date on which the notice of ineligible determination was issued, a person who wishes to request an Individualized Assessment must submit, at a minimum, written documentation of the following: (a) Details about the crime, and provide: 1. The arrest report; 2. All victim(s) impact statement(s), if any; and 3. Documentation showing whether the requestor cooperated with law enforcement post-arrest in the identification, arrest or conviction of others involved in the crime (must be independently verifiable, i.e., a notarized letter from prosecutor, parole or probation officer, court documents, etc.). (b) A resume notating the requestor's employment history before and after the crime. (c) Documentation from the facility or the requestor including but not limited to: 1. Whether the requestor would or does have direct contact with vulnerable individual(s) and/or co-workers, access to funds or personal property of individual(s), and/or access to the facility's funds or property; 2. If the requestor is an applicant, employee, or administrator: level of supervision and oversight provided by the employer, as indicated in the job description for the position; and 3. If the requestor is an applicant, employee, or administrator: location(s) where the job duties are performed (outside, indoors, in open spaces, in smaller enclosed settings, etc.). (d) Rehabilitation, Recovery, Absence of additional criminal charges (probation or parole reports, if applicable, showing whether the requestor is currently on probation or parole and any record or evidence of noncompliance with or violation of probation or parole). (e) Rehabilitation and/or recovery efforts of the requestor, if applicable; for example: 1. Education or training; 2. Participation in treatment; 3. Certification as a Peer Support Counselor; 4. Letter from therapist, etc.; and 5. Independently verifiable evidence of restitution to victims, if applicable. (f) Three (3) signed and written employment or character references in which one must be from a previous employer, preferably the most recent employer. The Department does not consider verbal references. Employment or character references must discuss: 1. The requestor's character in general; and 2. If the requestor is an applicant, employee, or administrator, other evidence or circumstances indicating a reduced risk that the requestor will present a danger if employment is allowed (the letter must include specific reasons why the reference thinks there is a reduced risk). (g) Written one (1) page statement from the requestor addressing: 1. The nature of the harm caused to the victim(s) (i.e., physical, emotional, financial, permanent, etc.) if there is not a victim impact statement; 2. Whether the requestor planned and organized others and acted as a guiding force in the commission of the crime; 3. Whether the requestor was under the influence of drugs or alcohol at the time of the crime and/or experiencing severe symptoms of untreated mental illness (i.e., mania, psychosis, delusions, etc.); 4. What the requestor learned from the experience; 5. Whether the requestor is bonded under a federal, state, or local bonding program; and 6. Whether rehabilitation efforts already accomplished by the requestor enable the requestor to bring perspectives and/or skills that are relevant for ownership of a facility or for the position. (3) Once the requestor has submitted documents, the Department reviews all submitted documentation for completeness and may request additional and/or clarifying documentation. (4) Once all documents have been received within the allotted timeframes, the request will be reviewed at the next Individualized Assessment Review Committee meeting. If the Department determines that the requestor did not include all the documents needed for the Individualized Assessment review, the requestor's ineligible determination is sustained, and the requestor and the facility are notified accordingly. (5) Individualized Assessment Review Committee (a) Composition. The Individualized Assessment Review Committee consists of representatives approved by the Department Executive Leadership. (b) All members and alternates for the Individualized Assessment Review Committee must complete Security Awareness Training annually to continue to be active members of the committee. (c) The representatives and their designated alternates are trained on the Individualized Assessment process. (d) The Individualized Assessment Review Committee assesses whether the documentation submitted indicates a reduced risk that the requestor will present a danger if employment or ownership is allowed. (e) Decisions of the Individualized Assessment Review Committee to deem a requestor eligible for employment or ownership must be unanimous. (f) Decisions of the Individualized Assessment Review Committee are final. If the Committee does not deem the requestor eligible, the ineligible determination is sustained, and the requestor may request a hearing before the Office of State Administrative Hearings. Rule 82-15-1-.12 Administrative Appeal (1) If an owner, applicant, employee, or administrator has an ineligible determination that is sustained after the Individualized Assessment process, they may appeal their disqualifying ineligible determination to the Office of State Administrative Hearings. The Department will provide a process for making such an appeal. (2) While such an appeal is pending, the facility shall take appropriate measures to ensure the health, safety, and well-being of individuals served by the facility. (3) Unless prohibited under federal regulations, the facility may retain a current employee or administrator who has an ineligible determination during the period of his or her appeal. (4) If the appellant is an applicant, employee, or administrator, in a hearing held pursuant to this rule, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, and other indicia of rehabilitation. (5) If the appellant is an owner, in a hearing held pursuant to this rule, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulation, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. (6) When a hearing is required, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question at least thirty (30) days prior to the hearing to allow the prosecuting attorney to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license. If objections are made, the hearing officer shall take such objections into consideration. Rule 82-15-1-.13 Personnel File (1) A personnel file for each administrator and employee shall be maintained by the facility. (2) Such files shall be available for inspection by the Department but shall otherwise be maintained to protect the confidentiality of the information contained within. (3) The information shall include, but not be limited to, evidence of each administrator's and employee's eligible determination, registry check, and licensure check, if applicable. Rule 82-15-1-.14 Enforcement and Sanctions (1) Except as expressly provided in these rules, a facility that does not terminate an employee who has been found to have an ineligible determination or failed a registry check shall be liable for a civil monetary penalty in the amount of $500.00 for each day that a violation occurs, not to exceed a total of $10,000.00. (2) The daily civil monetary penalty shall be imposed only from the time the facility knew or should have known that it employed a person with a criminal record and until the date such individual's employment is terminated; provided, however, that the penalty shall not be imposed for any period of time during which the facility may retain the employee under the provisions of paragraph (2) of subsection (b) of O.C.G.A. § 37-1-144 . Rule 82-15-1-.15 Severability In the event that any rule, sentence, clause or phrase of any of these rules and regulations may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional, or otherwise unenforceable, such determination or adjudication shall in no manner affect the remaining rules or portions thereof. The remaining rules or portions thereof shall remain in full force and effect as if such rules or portions thereof so determined, declared or adjudged invalid or unconstitutional were not originally part of these rules. Rule 82-15-1-.01 Legal Authority Rule 82-15-1-.02 Title and Purpose Rule 82-15-1-.03 Definitions Rule 82-15-1-.04 Registry Check Rule 82-15-1-.05 Professional Licensing Board Check Rule 82-15-1-.06 Records Check Application Rule 82-15-1-.07 Owners Rule 82-15-1-.08 Background Checks Initiated by the Department Rule 82-15-1-.09 Employment Prohibition Rule 82-15-1-.10 Contested Results Rule 82-15-1-.11 Administrative Review Through Individualized Assessment Rule 82-15-1-.12 Administrative Appeal Rule 82-15-1-.13 Personnel File Rule 82-15-1-.14 Enforcement and Sanctions Rule 82-15-1-.15 Severability