05 LC 19
6410
Senate
Bill 156
By:
Senators Tate of the 38th, Fort of the 39th, Henson of the 41st, Butler of the
55th, Zamarripa of the 36th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 43 of the Official Code of Georgia Annotated, relating to
professions and businesses, so as to create the Georgia Microbial Contamination
Commission; to provide a short title; to provide definitions; to provide for
members, meetings, rules and regulations, compensation, annual report, and
budget unit; to provide for duties and powers of the commission; to require
licensure of persons engaged in the microbial profession; to provide for the
office of commissioner of the commission; to provide for a treasurer; to provide
for the disposition of fees collected under chapter; to provide for inspections
by the commissioner; to provide for injunctions; to provide for investigation of
complaint; to provide for other matters relative to the foregoing; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by inserting immediately following Chapter 24 a new
Chapter 24A to read as follows:
"CHAPTER
24A
43-24A-1.
This
chapter shall be known and may be cited as the 'Microbial Contamination
Licensing Act.'
43-24A-2.
As
used in this chapter, the term:
(1)
'Commission' means the Georgia Microbial Contamination Commission established by
this chapter.
(2)
'Commissioner' means the Georgia Microbial Contamination commissioner
established within the Georgia Microbial Contamination Commission pursuant to
this chapter.
(3)
'Licensee' means any person licensed to engage in the practice of microbial
testing, microbial contamination evaluation, or microbial
remediation.
(4)
'Person' means an individual or a firm.
43-24A-3.
(a)
There is created the Georgia Microbial Contamination Commission which shall be
composed of seven members, each of whom shall be appointed by the Governor and
confirmed by the Senate for a term of five years. Any such appointments made
when the Senate is not in session shall be effective until acted upon by the
Senate. The seven members shall represent the following entities: the Institute
of Inspection, Cleaning, and Restoration Certification, the American Industrial
Hygiene Association, the American Conference of Governmental Industrial
Hygienists, the Indoor Air Quality Association, the Environmental Protection
Agency, the Centers for Disease Control and Prevention, and the Georgia
Department of Consumer Affairs.
(b)
Members of the commission shall serve until their successors are appointed and
qualified. Vacancies on the commission shall be filled by appointment of a
successor for the unexpired term of office by the Governor. Four members shall
constitute a quorum for the transaction of any business of the commission. The
commission shall organize by selecting from its members a chairperson and shall
do all things necessary and convenient to carry this chapter into effect. The
commission shall meet at least once a month, or as often as is necessary, and
remain in session as long as the chairperson thereof shall deem it necessary to
give full consideration to the business before the commission. Members of the
commission or others may be designated by the chairperson of the commission, in
a spirit of cooperation and coordination, to confer with similar commissions of
other states, attend interstate meetings, and generally do such acts and things
as may seem advisable to the commission in the advancement of the profession and
the standards of the microbial industry.
(c)
The Governor, after giving notice and an opportunity for a hearing, may remove
from office any member of the commission for any of the following:
(1)
Inability to perform or neglecting to perform the duties required of
members;
(2)
Incompetence; or
(3)
Dishonest conduct.
(d)
The commission is authorized to pass rules and regulations, not inconsistent
with this chapter, relating to the professional conduct of licensees and the
administration of this chapter.
(e)
Each member of the commission shall be compensated as provided for in subsection
(f) of Code Section 43-1-2.
(f)
The commission, through its chairperson, shall file a written report with the
Governor and a copy thereof with both houses of the General Assembly on or
before the second Tuesday in January of each year. The Governor may request a
preliminary report prior to such an annual report. The report shall include a
summary of all actions taken by the commission, a financial report of income and
disbursements, staff personnel, and number of persons licensed by the
commission. The report shall further delineate steps taken in education and
research to disseminate information so that all licensees can be better informed
in order to protect the public. The commission shall also outline a program of
education and research for each ensuing year, for which a line appropriation
shall be requested.
(g)
The commission shall not be under the jurisdiction of the Secretary of State but
shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title
45, the 'Budget Act'; provided, however, that the commission shall be assigned
for administrative purposes only to the office of the Secretary of
State.
43-24A-4.
(a)
The commission shall be authorized and required to:
(1)
Set educational requirements commensurate with levels of expertise for those
persons actively engaged in the fields of microbial testing, microbial
contamination evaluation, and microbial remediation;
(2)
Set testing and continuing education requirements for those persons actively
engaged in the fields of microbial testing, microbial contamination evaluation,
and microbial remediation;
(3)
Set requirements for the licensing and registration of those persons actively
engaged in the fields of microbial testing, microbial contamination evaluation,
and microbial remediation;
(4)
Set reasonable fees for the education, testing, and licensing of those persons
actively engaged in the fields of microbial testing, microbial contamination
evaluation, and microbial remediation;
(5)
Issue, renew, and reinstate licenses;
(6)
Deny, suspend, revoke, or otherwise sanction licenses;
(7)
Set reasonable fee structures for the testing, evaluation, and remediation of
microbially contaminated property;
(8)
Establish a state registry of all licensees and licensed firms meeting the
educational, testing, and licensing criteria established by the commission for
the benefit of public information;
(9)
Set a standard for the collecting, sampling, and reporting of microbial
contaminants and the subsequent protocols to address any findings;
(10)
Establish a system for the reporting of microbially contaminated properties to
the commission by licensees to provide prospective purchasers or renters with a
property report that makes a variety of disclosures;
(11)
Establish a disciplinary policy for those licensees who violate the provisions
set by the commission;
(12)
Adopt a seal and alter the same at the pleasure of the commission;
(13)
Enter into contracts with other entities to assist in carrying out its duties;
and
(14)
Aid and assist the commissioner in the enforcement of this chapter in an
advisory capacity as to matters pertaining to the enforcement of this
chapter.
(b)
The commissioner shall be guided by the recommendations of the commission in all
matters relating to this chapter.
43-24A-5.
The
commission shall be authorized to establish a bond recovery fund for the purpose
of protecting the public against potential fraudulent or misleading actions on
the part of licensees and to mitigate excessive insurance costs.
43-24A-6.
No
person shall engage in the practice of microbial testing, microbial
contamination evaluation, or microbial remediation in this state unless that
person is licensed by the commission in accordance with this
chapter.
43-24A-7.
(a)
Any person desiring to engage in the practice of microbial testing, microbial
contamination evaluation, or microbial remediation in this state shall file an
application for a license with the commission. All original and subsequent
applications filed with the commission shall be in such form and detail as the
commission shall prescribe, setting forth the following:
(1)
The name and address of the applicant or the name under which he or she intends
to conduct business and, if the applicant is a partnership or limited liability
company, the name and residence address of each member thereof and the name
under which the partnership or limited liability company business is to be
conducted and, if the applicant is a corporation, the name and address of each
of its principal officers; and
(2)
Such other information as the commission shall require.
(b)
Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the
contrary, all applications, including supporting documents and other personal
information submitted by applicants and licensees as part of an application
filed with the commission, shall be confidential. The commission shall deem as
public records the following information and shall make such information
reasonably available for inspection by the general public: a licensee´s
name, license number and status, business name, business address, business
telephone number, type of license held, and term of license; the fact that a
licensee has or has not received a disciplinary sanction; and such other
information pertaining to the license of a licensee or approval of a school,
course, or instructor as the commission may determine by rule.
43-24A-8.
(a)
If the commission, after an application in proper form has been filed with it,
accompanied by the proper fee, shall refuse to issue a license to such
applicant, the commission shall provide an opportunity for a hearing for such
applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' Unless otherwise agreed by the commission, all such hearings
shall be held in the county of the domicile of the commission.
(b)
Any person who has exhausted all administrative remedies available within this
chapter and who is aggrieved by a final decision in a contested case is entitled
to judicial review in accordance with Chapter 13 of Title 50. Notwithstanding
any provision of subsection (b) of Code Section 50-13-19 to the contrary,
initial judicial review of a final decision of the commission shall be available
solely in the superior court of the county of domicile of the
commission.
43-24A-9.
(a)
There is established within the commission the office of Georgia Microbial
Contamination commissioner.
(b)
The commissioner shall be a full-time employee of the commission and shall serve
as the chief executive officer of the commission. The commission shall in its
discretion appoint the commissioner and fix his or her annual salary. Any
person, in order to qualify for appointment to the office of commissioner, shall
be a person of good moral character and shall possess such qualifications as the
commission may require. The commissioner shall hold no interest in any business
engaged in the practice of microbial testing, microbial contamination
evaluation, or microbial remediation while serving as commissioner. The
commissioner, with the approval of the commission, may employ and fix the
compensation of a secretary, investigators, and other staff to assist him or her
in his or her duties. Such employees shall not be placed in the classified
service of the state merit system, provided that nothing in this chapter shall
be construed to affect any employee in the classified service of the state merit
system as of July 1, 1981.
(c)
The commissioner shall take an oath to discharge faithfully the duties of his or
her office.
(d)
The commissioner shall be charged with the duties and powers as delegated by the
commission.
(e)
The commissioner shall be allowed reimbursement for travel and other expenses
necessarily incurred in the performance of his or her duties, the same as other
state officers and employees, and shall receive payment of the same in the
manner provided for members of the commission.
43-24A-10.
The
commissioner or his or her agents shall have during regular business hours the
right to see, examine, and inspect any and all records of any licensee
pertaining to the operations of the licensee within the provisions of this
chapter.
43-24A-11.
The
commissioner may institute a civil action to enjoin any violation of this
chapter or any rule or regulation promulgated under this chapter. A violation of
this chapter or any rule or regulation promulgated pursuant to this chapter is
declared to constitute a public nuisance, and such action for injunction may be
maintained notwithstanding the existence of other legal remedies and
notwithstanding the pendency or successful completion of a criminal
prosecution.
43-24A-12.
The
commission shall appoint an employee of the commission to serve as treasurer of
the commission. The treasurer shall receive and disburse all funds made
available to the commission by the General Assembly or otherwise in accordance
with law and as may be directed by the commission.
43-24A-13.
All
fees collected pursuant to this chapter shall be deposited by the commission
into the state treasury. Out of the funds thus arising shall be paid the
expenses contemplated in this chapter for the administration and enforcement of
this chapter. All expenditures authorized by the commission shall be paid from
the funds received pursuant to this chapter. The expenses of the commission and
the commissioner shall always be kept within the income collected and deposited
in accordance with this chapter; and the expense thereof shall not be supported
or paid from any other state fund.
43-24A-14.
(a)
The commission may, upon its own motion, and shall, upon the sworn written
request of any person, investigate the actions of any applicant for licensure,
licensee, or real estate courses and instructors approved by the commission.
Except for investigations of applicants for licensure, the commission shall not
initiate an investigation on its own motion or investigate a licensee´s
activity as the result of a sworn written request for investigation unless the
act or acts which may constitute a violation of this chapter occurred within
three years of the initiation of the investigation.
(b)
Any person authorized to conduct an investigation on behalf of the commission
shall have access to and may examine any writings, documents, or other material
which may be related to an investigation made upon the order of the
commission.
(c)
In the conduct of an authorized investigation, the commissioner or chairperson
of the commission may issue subpoenas to compel production of such writings,
documents, or material on behalf of the commission. After the service of a
notice of hearing, the commissioner or chairperson of the commission may issue
subpoenas to compel production of such writings, documents, or material, either
on behalf of the commission or at the request of a respondent. The commission or
the respondent may apply to the superior court of the county in which a person
disobeying a subpoena resides for an order requiring compliance. Failure to
comply with such an order shall be punishable as for contempt of
court.
(d)
The results of all investigations shall be reported only to the commission or to
the commissioner, and the records of such investigations shall not be subject to
subpoena in civil actions. Records of investigations shall be kept by the
commission and no part of any investigative record shall be released for any
purpose other than a hearing before the commission or its designated hearing
officer, review by another law enforcement agency or lawful licensing authority
upon issuance of a subpoena from such agency or authority or at the discretion
of the commission upon an affirmative vote of all members of the commission,
review by the respondent after the service of a notice of hearing, review by the
commission´s legal counsel, or an appeal of a decision by the commission to
a court of competent jurisdiction. After service of a notice of hearing, a
respondent shall have a right to obtain a copy of the investigative record
pertaining to the respondent.
(e)
The commission shall have the authority to exclude all persons during the
commission´s or the staff of the commission´s:
(1)
Deliberations on disciplinary proceedings;
(2)
Meetings with a licensee or an applicant or the legal counsel of that licensee
or applicant in which the licensee or applicant seeks to settle a contested case
as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act'; and
(3)
Review of the results of investigations initiated under this Code
section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.