Compilation of Rules and Regulations of the State of Georgia › Department 546 - REGISTRATION OF IMMIGRATION ASSISTANCE PROVIDERS › Chapter 546-5 - INITIAL FILINGS › Rule 546-5-.01 - Causes for disciplinary actions

Current through Rules and Regulations filed through June 27, 2024
1) The Professional Licensing Division of the
			 Secretary of State shall order the discipline, denial, suspension, or
			 revocation of license issued pursuant to these rules, if it finds that the
			 order is in the public interest and that such person:
a) Has filed an application for licensure
			 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;
b) Has violated or
			 failed to comply with any provisions of these rules or O.C.G.A.
			 §
									43-20A;
c) 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 O.C.G.A.
			 §
									43-20A had the acts occurred in this state;
d) 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 (e) 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;
e) 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 States, the record of conviction being conclusive evidence of
			 conviction, which the Secretary of State finds:
i) 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;
ii)
			 Arises out of the conduct of immigration assistance; or
iii) Involves the theft, robbery, extortion,
			 forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent
			 conversion, or misappropriation of funds;
f) 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 these rules or O.C.G.A.
			 §
									43-20A;
g) 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:
i) 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
			 O.C.G.A. §
										43-20A;
ii) A United
			 States Postal Service fraud order; or
iii) A cease and desist order entered after
			 notice and opportunity for hearing by the Secretary of State or other state or
			 federal authority;
h) Is
			 determined by the Secretary of State not to be qualified pursuant to these
			 rules or O.C.G.A. §
									43-20A;
i)
			 Violated or conspired to violate these rules or O.C.G.A.
			 §
									43-20A;
j) Engaged in conduct
			 that significantly adversely reflects on the applicant's credibility, honesty,
			 or integrity;
k) Has failed to cure
			 any application deficiency within 30 days after being notified by the Secretary
			 of State of a deficiency, but such an order shall be vacated when the
			 deficiency is corrected, unless the applicant has abandoned the application;
			 or
l) Has failed to comply with an
			 order for child support as defined by O.C.G.A §
									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.