2021 Georgia Code
Title 43 - Professions and Businesses
Chapter 38 - Operators of Private Detective Businesses and Private Security Businesses
§ 43-38-6. Licenses; Qualifications; Criminal Records; Fingerprints; Bond, Insurance, or Net Worth Affidavit; Display of License; Suspension; Temporary Permits; License Recognition Agreements

1. Any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application to the division director for a license therefor. If the applicant is a firm, association, company, partnership, limited liability company, or corporation, the person filing the application on behalf of such firm, association, company, partnership, limited liability company, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, partnership, or limited liability company; and such individual shall meet the qualifications set out in this Code section.
2. Upon being satisfied of the good character, competency, and integrity of an applicant for licensure under this chapter or, if the applicant is a firm, association, company, partnership, limited liability company, or corporation, upon being satisfied of the good character, competency, and integrity of the corporate officer of such corporation or officer of such firm, association, partnership, or limited liability company, the board may grant a license to conduct a private detective or private security business to such individual, firm, association, company, partnership, limited liability company, or corporation if:
   1. The applicant is at least 18 years of age;
   2. The applicant is a citizen of the United States or a registered resident alien;
   3. The applicant is of good moral character;
   4. The applicant has not been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude; provided, however, that, if the applicant has been convicted of such crime, or has entered a plea of nolo contendere, or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may grant a license to such applicant;
   5. The applicant has not committed an act constituting dishonesty or fraud;
   6. The applicant has satisfied the board that his or her private detective or private security business has a competent training officer and adequate training program with a curriculum approved by the board or that adequate training will be obtained from such other source as the board may approve;
   7. The applicant for a private detective company license has had at least two years' experience as an agent registered with a licensed detective agency, or has had at least two years' experience in law enforcement, or has a four-year degree in criminal justice or a related field from an accredited university or college; and the applicant for a security company license has had at least two years' experience as a supervisor or administrator in in-house security operations or with a licensed security agency, or has had at least two years' experience in law enforcement, or has a four-year degree in criminal justice or a related field from an accredited university or college;
   8. The applicants for private detective company licenses and security company licenses may be required to pass successfully a written examination as the board may prescribe; and
   9. The applicant meets such other qualifications as the board may prescribe by rule.
3. The application for a license shall be made under oath on a form to be furnished by the division director. The application shall state the applicant's full name, age, date and place of birth; residences and employment within the past five years, with the names and addresses of employers; present occupation; date and place of conviction or arrest for any crime, including the plea of nolo contendere or a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such additional information as the board may require to investigate the qualifications, character, competency, and integrity of the applicant. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, full face, taken within six months prior to the application; provided, however, that the board may waive the submission of fingerprints and photograph for any employee who has been employed by a person licensed under this chapter within the previous 12 months. The application shall contain such additional documentation as the board may prescribe by rule. The board shall have the discretion to deny a license to an applicant who fails to provide the information and supporting documentation required by this subsection.
4. 1. In addition to the requirements enumerated in this Code section, each applicant for a license under this chapter shall provide satisfactory evidence to the board that the prospective licensee has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $25,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this chapter and would be grounds for denial, suspension, or revocation of a license under Code Section 43-38-11. Immediately upon the granting of a license, such bond shall be filed with the division director by the licensee and shall be approved by the division director as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the division director prior to the granting of a license for the division director's approval as provided in this Code section. In lieu of the required bond, a prospective licensee may submit to the board evidence of a policy of liability insurance in an amount of not less than $1 million insuring such prospective licensee against personal liability for damages arising out of acts of the insured or his employees. No licensee shall cancel or cause to be canceled a bond or liability insurance policy issued pursuant to this Code section unless the board is so informed in writing by certified mail or statutory overnight delivery at least 30 days prior to the proposed cancellation. In lieu of the required bond or liability insurance policy, the prospective licensee may submit a net worth affidavit, prepared using standard accounting procedures, which affidavit indicates that the prospective licensee has a net worth of more than $50,000.00. The board, in its discretion, may accept a financial affidavit in lieu of the bond or liability insurance policy required by this subsection. The board, in its discretion, may require licensees under this Code section to submit periodic financial updates to ensure continued financial responsibility. If the surety or licensee fails to submit, within ten days of the effective date of cancellation, a new bond or liability insurance policy or a net worth statement as outlined in this subsection, the board shall have the authority to revoke any license issued under this chapter.
   2. Licensees who have previously posted bonds or submitted net worth affidavits to comply with the provisions of this subsection may hereafter prove continued financial responsibility through the use of liability insurance policies in accordance with paragraph (1) of this subsection.
5. Immediately upon receipt of a license certificate issued by the board pursuant to this chapter, the licensee shall post and at all times display such license in a conspicuous place at his place of business. A copy of the duplicate of the license certificate shall be conspicuously posted at each branch office.
6. Notwithstanding any other provisions of this Code section, an applicant for a license shall agree that if such applicant makes a false statement in the application or if such applicant has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any license granted to such applicant without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension.
7. The board may grant a license provided in this Code section to a person who is licensed in another state or territory of the United States which has licensing requirements substantially similar to the licensing requirements provided in this Code section.
8. The board may issue a temporary permit for not longer than 30 days to any person who is licensed in another state or territory of the United States which has licensing requirements substantially similar to the licensing requirements provided in this Code section if such person, in the course of an investigation which arose in the state in which he or she is licensed, finds it necessary to conduct an investigation in this state. Such temporary permit shall be limited to the scope of such investigation. No more than one temporary permit shall be issued in any 12 month period.
9. The board may, in its discretion and in accordance with regulations adopted by the board, enter into limited license recognition agreements with any other state or the District of Columbia having licensure requirements substantially equal to the requirements provided by this chapter pursuant to which a person so licensed in such state or district may conduct an investigation in this state directly related to an investigation which was initiated outside of this state; provided, however, that such privilege shall be limited to 30 days for each agency for each such investigation.

(Ga. L. 1973, p. 40, §§ 5-7; Ga. L. 1981, p. 1828, § 5; Ga. L. 1984, p. 1338, § 1; Ga. L. 1986, p. 751, § 2; Ga. L. 1987, p. 3, § 43; Ga. L. 1987, p. 1400, §§ 3-5; Ga. L. 1988, p. 13, § 43; Ga. L. 1991, p. 1027, § 1; Ga. L. 1993, p. 123, § 43; Ga. L. 1994, p. 291, § 1; Ga. L. 2000, p. 1161, §§ 2, 3; Ga. L. 2000, p. 1589, § 3; Ga. L. 2000, p. 1706, § 19; Ga. L. 2001, p. 1075, § 1; Ga. L. 2010, p. 266, § 39/SB 195.)

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to paragraph (d)(1) is applicable with respect to notices delivered on or after July 1, 2000.

Independent contractor relationships are permitted under the Private Detective and Securities Agencies Act, O.C.G.A. § 43-38-1 et seq., subject to the Act's licensing requirements. Kirk & Assocs. v. McClellan, 214 Ga. App. 685, 448 S.E.2d 764 (1994).

In an action arising out of an automobile accident against a driver and a private detective agency alleging that the agency was liable for the negligence of the driver under the theory of respondeat superior, the agency could claim and prove that the driver was an independent contractor. Kirk & Assocs. v. McClellan, 214 Ga. App. 685, 448 S.E.2d 764 (1994).

OPINIONS OF THE ATTORNEY GENERAL

Psychological stress evaluators in business of evaluating character must register as detectives.

- Psychological stress evaluators who are engaged in the business of furnishing information with respect to a person's honesty, integrity, credibility, knowledge, and trustworthiness are engaged in the "private detective business" and must be registered or licensed by the Georgia Board of Private Detective and Private Security Agencies. 1976 Op. Att'y Gen. No. 76-36.

- When a company employs only in-house investigative personnel, and consequently does not fall within the definition of a private detective business, the company is not required to obtain a license. 1979 Op. Att'y Gen. No. 79-21.

- In-house investigative personnel conducting investigations off an employer's premises are not required to be registered by the Georgia Board of Private Detective and Security Agencies. This exemption from registration applies only to those in-house investigators who are employed exclusively and regularly by only one employer; their investigations are in connection with the employer's affairs, and the employer is not in the private detective business. 1979 Op. Att'y Gen. No. 79-21.

Under state law, a labor union may legally be licensed by the Georgia Board of Private Detective and Security Agencies to conduct a detective business, to conduct a private security business, or to perform security work on the union's own premises, provided that the union meets statutory requirements for licensure. 1976 Op. Att'y Gen. No. 76-125.

- While fingerprints of applicants for licensure and registration must be forwarded to certain state and federal agencies, the Georgia Board of Private Detective and Security Agencies may, in the Board's discretion, issue such licenses and registrations prior to receiving responses from these agencies. 1975 Op. Att'y Gen. No. 75-100.