Ga. Comp. R. & Regs. Department 140 — Georgia Crime Information Center Council

Chapter 140-1 Organization

Ga. Comp. R. & Regs. r. 140-1-.01 Organization

(1) There is a director responsible for development, maintenance and operation of GCIC.

(2) There is a GCIC Council responsible for providing guidance. The director or designee shall attend GCIC Council meetings.

(3) All legal notices and correspondence regarding administrative proceedings shall be addressed to the director and sent to the GCIC mailing address listed on the GBI website.

(4) The Rules of the GCIC Council rest on the authority of state and federal law.

History

• Authority: O.C.G.A. §§ 35-3-30, 35-3-31, 35-3-32
• History. Original Rule entitled "Organization" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Amended: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-1-.02 General Definitions

(1) All words defined in O.C.G.A. § 35-3-30 have the same meaning for these Rules.

(2)

The following definitions apply to these Rules.

(a) Access to Criminal Justice Information (CJI) - The physical or logical (electronic) ability, right or privilege to view, modify, or make use of CJI.

(b) Administration of Criminal Justice - Activities involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders. It also includes criminal identification activities; the collection, storage and dissemination of criminal history record information; and criminal justice employment.

(c) CJIS Security Policy (CJISSECPOL) - The Federal Bureau of Investigation (FBI) CJIS Security Policy document as published by the FBI CJIS Information Security Officer.

(d) Contractor - A private business, agency or individual that has entered into an agreement for the administration of criminal justice or non-criminal justice functions with a criminal justice or a non-criminal justice agency.

(e) Criminal History Record Information (CHRI) - Information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal criminal charges, and any disposition arising there from including acquittal, sentencing, correctional supervision and release. Such term also includes the age and sex of each victim as provided by criminal justice agencies. The term does not include identification information, such as fingerprint records not related to an arrest, to the extent that such information does not indicate involvement of the individual in the criminal justice system.

(f) Criminal Justice Agency (CJA) - The courts, a governmental agency, or any subunit thereof that performs the administration of criminal justice pursuant to a statute or executive order and allocates a substantial part of its annual budget to the administration of criminal justice. State and federal Inspectors' General Offices are included.

(g) Criminal Justice Information (CJI) - Criminal justice information is the abstract term used to refer to all the data provided necessary for law enforcement agencies to perform their mission and enforce the laws, including but not limited to biometric, identity history, person, organization, property (when accompanied by any personally identifiable information), and case/incident history data. In addition, CJI refers to the FBI CJIS-provided data necessary for civil agencies to perform their mission; including but not limited to data used to make hiring decisions.

(h) Disposition - The result of criminal proceedings including information disclosing those arresting agencies that elected not to refer the matter to a prosecutor or that a prosecutor elected not to commence criminal proceedings and disclosing the nature of the termination in proceedings or, information disclosing the reason for such postponement.

(i) Georgia Crime Information Center (GCIC) - As created by O.C.G.A. § 35-3-31 .

(j) Georgia Criminal Justice Information System Network (Georgia CJIS network) - The statewide data communications network that provides criminal justice and other authorized agencies access to computerized databases maintained by Georgia agencies, agencies in other states, the FBI CJIS Division, and Nlets.

(k) Hearing - A right of GCIC and parties affected by any GCIC action to present formally or informally, relevant information, testimony, documents, evidence and arguments as to why specified actions should or should not be taken.

(l) National Crime Information Center (NCIC) - An information system that stores CJI that can be queried by appropriate federal, state, and local law enforcement and other criminal justice agencies.

(m) Non-Criminal Justice Agency (NCJA) - Any agency that does not meet the definition of a criminal justice agency.

(n) Secondary Dissemination - The exchange of CJI from a releasing agency to an authorized recipient agency when the recipient agency has not been previously identified in a formal information exchange agreement.

(o) International Justice and Public Safety Network (Nlets) - The public safety network used for the secure exchange of law enforcement, criminal justice, and public safety-related information nationally and internationally.

History

• Authority: O.C.G.A. § 35-3-30; 28 CFR 20.3; FBI CJIS Security Policy as amended
• History. Original Rule entitled "General Definitions" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984; as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Amended: F. Jan. 6, 1988; eff. Jan. 27, 1988, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Amended: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-1-.03 Administrative Declaratory Rulings

(1) Availability of declaratory ruling. Any person whose legal rights are impaired by the application of any statutory provision or any GCIC Rule or order may petition GCIC and request a declaratory ruling. GCIC will not render advisory opinions, resolve questions that are moot or hypothetical or otherwise act hereunder except in actual controversies or in other cases upon which a superior court would be required to act under the Georgia declaratory judgement statutes as construed by the appellate courts of Georgia.

(2)

Form of petition. Each petition filed with GCIC shall be in writing and include:

(a) The petitioner's name, email address, and mailing address of the petitioner.

(b) The full test of the statute, rule or order upon which a ruling is requested.

(c) A detailed statement of all pertinent facts necessary for determination.

(d) The petitioner's contention, if any, as to the applicability of cited legal authorities that authorize, support or require a decision in accordance therewith.

(e) A detailed statement setting forth the petitioner's interest in the matter. The statement shall be verified under oath by, or on behalf of, the petitioner.

(3) Proceedings on petition. If GCIC decides that a decision can be made on the petition without further proceedings, a summary decision shall be rendered. Otherwise, parties shall be notified and the matter reviewed in an informal hearing.

(4)

Informal interpretations and rulings.

(a) Any person may request GCIC to interpret or otherwise rule informally upon the applicability of any pertinent statute or Rule by personal appearance at GCIC, by email, or letter addressed to the director.

History

• Authority: O.C.G.A. § 50-13-9
• History. Original Rule entitled "Administrative Declaratory Rulings" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Amended: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-1-.04 Petition for Adoption of Rules

(1)

Form of petition. Each petition for adoption of Rules pursuant to the Georgia Administrative Procedure Act shall be filed with GCIC in writing under oath and include:

(a) The petitioner's name, email address, and mailing address.

(b) The full text of the Rule(s) requested to be amended, repealed or promulgated.

(c) A detailed statement of why such Rule should be amended, repealed or promulgated, including a statement of the petitioner's interest in the matter.

(d) Citations of legal authorities, if any, that authorize, support or require the action requested by the petitioner.

(2) Proceedings on petition. The GCIC Council shall consider each petition at regularly scheduled meetings. The Council may decline to act or may initiate Rule making or Rule changing proceedings in accordance with the Georgia Administrative Procedure Act. The Council shall notify the petitioner by email and certified mail of its decision and shall state its reasons if it declines to act.

History

• Authority: O.C.G.A. § 50-13-9
• History. Original Rule entitled "Petition for Adoption of Rules" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983; as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Amended: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-1-.05 Approval and Disciplinary Procedures

(1) Information exchange and service from GCIC. Agencies and persons shall access and/or obtain information from GCIC upon request and approval from the director as permitted by state or applicable federal law.

(2) Notification and resolution of violations. Agency heads shall provide the director with written notification of security violations for CJI committed by employees of their agencies or agencies over which they exercise management control. When the director receives notification of a potential violation, the appropriate agency head shall be informed of the allegation and initiate an investigation. The director and the agency head shall agree on a resolution, based on the results of the investigation, which is documented and signed. The GCIC Council shall review and approve the resolution as the final disposition or request a modification. If the modification is accepted by the director and agency head, the resolution will be considered the final disposition. Suspension proceedings are possible when there is failure to agree on a resolution satisfactory to the GCIC Council and concerned parties.

(3) Suspension. The director may cause services rendered by GCIC to be immediately suspended if a satisfactory resolution cannot be reached between the director and the parties concerned. Notification shall be provided to the GCIC Council and concerned parties.

(4) Reinstatement. Upon petition, the director may reinstate full or partial service pending a final decision by the GCIC Council, if the reinstatement will not create a security risk.

(5)

Contested cases. Hearings and appeals regarding refusals by the director to exchange information or provide services pursuant to this Rule shall be conducted pursuant to the Georgia Administrative Procedure Act and the following:

(a) Initiating a contested case. Any agency or person legally entitled to contest a refusal to exchange information or provide services under this Rule may do so by filing a request for hearing with the director. The request shall include the name, email, and mailing address of the party filing the request and all other interested parties, a detailed statement of the contested facts, a statement describing the relief sought, and the name, email, and post office address of counsel, if represented by counsel.

(b) Limitations on right to hearing. A hearing upon a refusal to exchange information or provide services upon a request for reinstatement of suspended services shall be granted as a matter of right at any time while service suspended. A petition for such a hearing may be denied only when the petition presents no substantial grounds that have not been previously presented. The GCIC Council may, at its discretion, allow extensions of time and amendment of requests for good cause.

(c) Responses to hearing request. The GCIC Council will respond to all requests for hearings with scheduling notices or orders denying requests and reasons for denials.

(d) Motions. An application to the director or the GCIC Council to enter an order or to act, after filing a request for a hearing, shall be made by motion that shall be in writing stating the specific grounds therefore and setting forth the action or order sought. No motion shall be ruled upon except when the case-in-chief is ruled upon, unless the moving party specifically requests a ruling at some other time and the Council deems such a ruling appropriate.

(e) Hearings. Three members of the GCIC Council appointed by the chairman or designee shall conduct hearings in contested cases. Following each hearing, Council members shall notify the director and each party of their findings. Each party shall have twenty (20) days following the issuance of findings to file written exceptions and briefs. At the next scheduled hearing, the director and parties shall have an opportunity to present oral arguments. The Council shall then issue a final decision.

(6) Notwithstanding anything previously stated, if it appears that the provisions of O.C.G.A. § 35-3-38 have been violated, the director or the GCIC Council may refer the matter to the appropriate prosecuting authority.

History

• Authority: O.C.G.A. §§ 35-3-32, 35-3-33; 42 U.S.C. 3771; 28 CFR 20.21
• History. Original Rule entitled "Approval and Disciplinary Procedures" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Amended: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-1-.06 Repealed

History

• Authority: O.C.G.A. § 35-3-37
• History. Original Rule entitled "Contested Cases Governed by Express Statutory Provisions" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007; eff. Oct. 15, 2007.
• Repealed: F. Jan. 23, 2026; eff. Feb. 12, 2026.
• Note: Correction of administrative error in Rule History on Rules and Regulations website, "Amended: F. Jan. 23, 2026; eff. Feb. 12, 2026." corrected to "Repealed: F. Jan. 23, 2026; eff. Feb. 12, 2026." Effective May 19, 2026.

Chapter 140-2 Practice and Procedure

Ga. Comp. R. & Regs. r. 140-2-.01 Scope

The Rules of the GCIC Council apply to all agencies or persons with access to, or that operate systems which are used to process, store, or transmit CJI, as defined in Georgia law and Rule 140-1-.02. These Rules provide minimum standards associated with the creating, accessing, viewing, modifying, transmitting, disseminating, storing, and destroying CJI. Entities engaged in the exchange of fingerprint-based CHRI for non-criminal justice purposes are also governed by the standards promulgated by these Rules.

History

• Authority: O.C.G.A § 35-3-32
• History. Original Rule entitled "Scope" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. July 7, 1988; eff. July 27, 1988.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Amended: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.02 Access, Use, and Dissemination of Criminal Justice Information

(1) The GBI, and principally GCIC, is statutorily responsible for the operation and management of the Georgia CJIS network.

(2) Criminal justice agencies, contractors pursuant to an agreement with a criminal justice agency, and other authorized agencies may access the Georgia CJIS network for an authorized purpose, as prescribed by state and federal law.

(3)

Criminal justice agencies may exchange CJI with other criminal justice agencies, authorized governmental non-criminal justice agencies, and authorized contractors.

(a) Paper or computerized logs shall be maintained for all secondary disseminations of CHRI when released to another authorized agency or person.

(4)

Criminal justice agencies may disseminate Georgia CHRI to private persons, businesses, public agencies, political subdivisions, authorities, and other entities, including state or federal licensing and regulatory agencies or their designated representatives upon receipt of a signed consent form as formatted by GCIC.

(a) Criminal justice agencies must advise Georgia CHRI recipients that use of the information shall be limited to the intended purpose for which received.

(5) Authorized governmental entities may receive fingerprint-based CHRI based on state or federal law.

(6) CJI shall not be disseminated except as provided by law and these Rules.

History

• Authority: O.C.G.A. §§ 35-3-34, 35-3-35, 35-3-38; FBI Security Policy, as amended
• History. Original Rule entitled "Data Security Requirements for Criminal Justice Information" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule entitled "Security Policy for Criminal Justice Information" adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: New Rule entitled "Access, Use, and Dissemination of Criminal Justice Information" adopted. F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.03 Security of Criminal Justice Information

(1) Agencies and persons must comply with the security controls set forth in the CJISSECPOL. Each agency must establish and maintain written policies and procedures to ensure adherence to such requirements.

(2) Agencies shall properly screen individuals, as prescribed by the CJISSECPOL, prior to authorizing access to CJI.

(3) Persons shall sign the GCIC Awareness Statement. Additionally, personnel must sign an amended statement should the content change by act of law, action by the director, or other official act.

(4) Entities shall establish and maintain a written disciplinary policy for violations of these Rules and the CJISSECPOL.

(5) Entities shall establish and maintain a written disaster policy.

(6) CJI regardless of its source, shall not be altered, obtained, copied, destroyed, delayed, misplaced, misfiled, given, bought or sold when the intent of such action is to obstruct justice or facilitate the violation of any law or these Rules.

(7) Agencies administratively responsible for the supervision of persons assumes liability for misuse of data received from or through the Georgia CJIS network.

History

• Authority: O.C.G.A. §§ 35-3-30, 35-3-32; FBI CJIS Security Policy as amended
• History. Original Rule entitled "Completeness and Accuracy of Criminal Record Information" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Amended: F. Jan. 6, 1988; eff. Jan. 27, 1988, as specified by Agency.
• Repealed: New Rule of same title adopted. F. July 7, 1988; eff. July 27, 1988.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Repealed: New Rule entitled "Completeness and Accuracy of Criminal Justice Information" adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: New Rule entitled "Security of Criminal Justice Information" adopted. F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.04 Georgia Criminal History Record Information Reporting

(1) The GBI, and principally GCIC, is statutorily responsible for the establishment, operation, and management of the state computerized criminal history repository.

(2)

Each agency arresting or taking a person into custody shall capture fingerprints, descriptions, photographs, and any other pertinent identification data on a person charged with an offense described in O.C.G.A. §

35-3-33

.

(a) Only law enforcement personnel may obtain fingerprints and complete the data fields necessary to submit an arrest record to GCIC. At no time should an arrested person or an inmate of a jail or correctional institution assist in obtaining fingerprints or completing data fields.

(3) Such data shall be transmitted electronically to GCIC via a certified device within the timeframe required by state law. Agencies are responsible for the completeness and accuracy of transmitted data.

(4) Arresting agencies shall forward the offender tracking number (OTN), charge tracking number (CTN), and other associated information to appropriate prosecutors or courts.

(5) Agencies making a disposition decision shall electronically transmit disposition information in a manner and format as required by GCIC. Information shall be transmitted within the timeframe required by state law. Agencies are responsible for the completeness and accuracy of transmitted data.

History

• Authority: O.C.G.A. §§15-11-79.2, 15-11-81, 15-11-82, 15-11-83, 35-3-33, 35-3-36; 28 C.F.R. 20.21
• History. Original Rule entitled "Criminal Justice Information Exchange and Dissemination" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Amended: F. June 11, 1976; eff. July 1, 1976.
• Amended: F. July 29, 1976; eff. August 18, 1976.
• Amended: F. Aug. 25, 1976; eff. Sept. 14, 1976.
• Amended: F. June 10, 1977; eff. June 30, 1977.
• Amended: F. May 26, 1978; eff. July 1, 1978, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. Jan. 6, 1988; eff. Jan. 27, 1988, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 7, 1988; eff. July 27, 1988.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Amended: F. Dec. 4, 1991; eff. Dec. 24, 1991.
• Amended: F. Mar. 4, 1992; eff. Mar. 24, 1992.
• Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Oct. 13, 1999; eff. Nov. 2, 1999.
• Amended: F. Oct. 12, 2000; eff. Nov. 1, 2000.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: New Rule entitled "Georgia Criminal History Record Information Reporting" adopted. F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.05 The Georgia Protective Order Registry

(1) The GBI, and principally GCIC, is statutorily responsible as the repository of the state protective order registry for its establishment, operation, and management.

(2)

The courts of the state, and other judicial authorities recognized under state law for issuing protective orders, are statutorily responsible for performing registry related functions e.g., scanning issued orders, entering required data, and electronically transmitting a copy of the order, modification, or dismissal to the registry.

(a) The superior court clerk must provide the relevant sheriff's office with a copy of its orders transmitted to the registry.

(3) Each sheriff's office is statutorily responsible for performing registry related functions e.g., modifying, validating, and removing orders made on their behalf and responding to hit confirmation requests based on such orders.

History

• Authority: O.C.G.A. §§ 19-13-50, 19-13-51, 19-13-52, 19-13-53 et seq
• History. Original Rule entitled "Security and Privacy of Criminal Justice Information" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule entitled "Integrity of Criminal Justice Information" adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007; eff. Oct. 14, 2007.
• Repealed: New Rule entitled "The Georgia Protective Order Registry" adopted. F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.06 The State Sexual Offender Registry

(1) The GBI, and principally GCIC, is statutorily responsible as the repository of the state sexual offender registry for its establishment, operation, and management.

(2) Agencies described in O.C.G.A. § 42-1-12 shall provide data on sexual offenders in a manner prescribed by GCIC.

(3) Each sheriff's office must maintain accurate information on all registered sexual offenders residing within its jurisdiction, as required by law.

(4) Each sheriff's office must update information on all registered sexual offenders, as required by law.

History

• Authority: O.C.G.A. § 42-1-12
• History. Original Rule entitled "Criminal History Logs" adopted F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. July 7, 1988; eff. July 27, 1988.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992.
• Repealed: New Rule of same title adopted. F. Apr. 16, 1993; eff. May 6, 1993.
• Repealed: New Rule entitled "Criminal Dissemination Logs" adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: New Rule entitled "The State Sexual Offender Registry" adopted. F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.07 The State Uniform Crime Reporting Program

(1) The GBI, and principally GCIC, is statutorily responsible as the repository of the state uniform crime reporting program for its establishment, operation, and management.

(2) All criminal justice agencies are required to participate in and submit data to the uniform crime reporting program. Additionally, law enforcement agencies are required to submit Georgia specific reports. All reports must be submitted in a manner and format as prescribed by GCIC.

History

• Authority: O.C.G.A. §§ 17-4-20.1, 17-4-20.2, 35-3-33, 35-3-36; U.S. DOJ/FBI UCR Handbook, 1984
• History. Original Rule entitled "Audit Procedures" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Repealed: New Rule of same title adopted. F. Dec. 2, 1992; eff. Dec. 22, 1992.
• Amended: F. Apr. 16, 1993; eff. May 6, 1993.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 5, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: New Rule entitled "The State Uniform Crime Reporting Program" adopted. F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.08 Record Integrity

(1) Agencies that enter or cause entry of records in the computerized files of the Georgia CJIS network or NCIC files are responsible for record accuracy, completeness, and validation. Records shall be entered in the timeframe prescribed by state and federal law.

(2)

Agencies utilizing the Georgia CJIS network shall have supporting documentation for each entry and use appropriate agency identifiers, codes, formats, and operating procedures as provided in current GCIC and NCIC documentation.

(a) Supporting documentation may be provided after a record entry is made in emergency situations where prompt record entry is critical to apprehension or recovery. Supporting documentation must be provided within the prescribed timeframe.

(b) Agencies shall retain supporting documentation until the record is cleared, canceled, or purged.

(3) Agency heads are responsible for ensuring current GCIC and NCIC documentation is used as authoritative Georgia CJIS network operational directives and persons are trained in record entry, maintenance, validation, and removal.

(4) Agencies with NCIC record entries are required to participate in the validation program, as administered by GCIC.

History

• Authority: O.C.G.A. §§ 35-3-33, 35-3-36
• History. Original Rule entitled "Physical Security Standards for Criminal Justice Agencies" was filed on February 25, 1976; effective March 16, 1976.
• Amended: Rule repealed and a new Rule of same title adopted. Filed January 7, 1983; effective February 1, 1983; as specified by the Agency
• Amended: Rule repealed and a new Rule of same title adopted. Filed September 6, 1984; effective October 8, 1984, as specified by the Agency.
• Amended: Rule repealed and a new Rule entitled "Physical Security Standards" adopted. Filed July 2, 1986; effective July 22, 1986.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Amended: F. Dec. 4, 1991; eff. Dec. 24, 1991.
• Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992.
• Repealed: New Rule, same title, adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: Filed Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: New Rule entitled "Record Integrity" adopted. F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.09 Compliance and Training

(1) Agency heads must ensure persons with access to the Georgia CJIS network or data received through the network are specifically trained. Training must be conducted in the manner and format as prescribed by GCIC.

(2) Agency heads are responsible for ensuring current GCIC and NCIC documentation is used as authoritative Georgia CJIS network operational directives and for developing agency specific policies and procedures relating to Georgia CJIS network operations.

(3) CJAs and NCJAs will receive at least thirty (30) calendar days advance notification and must participate in periodic audits to assess and enforce compliance with state and federal law.

(4) Agencies shall provide facility access, documentation and resources as required for audit.

History

• Authority: O.C.G.A. § 35-3-33
• History. Original Rule entitled "Personnel Security Standards for Criminal Justice Agencies" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule entitled "Personnel Security Standards" adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: New Rule entitled "Compliance and Training" adopted. F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.10 Sanctions

(1) CJAs and NCJAs are subject to GCIC administrative sanctions for violating laws governing operation of the Georgia CJIS network, these Rules, and for the violation of GCIC and FBI policies and operational directives.

(2) Administrative sanctions may be imposed on individual violators with a minimum requirement set by GCIC.

(3) Individual violators may be subject to criminal prosecution when their actions constitute violations of criminal state or federal statutes.

History

• Authority: O.C.G.A. §§ 16-9-90 et seq., 35-3-32, 35-3-38; 18 U.S.C. 641, 1030, 1343, 1951, 1952
• History. History. Original Rule entitled "Procedures Whereby An Individual May Access His Criminal History Record File" adopted F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule entitled "Procedures for an Individual to Inspect His Criminal History Record File" adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Amended: F. July 7, 1988; eff. July 27, 1988.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: Rule entitled "Procedures for Criminal Record Inspection by Record Subjects". F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: New Rule entitled "Sanctions" adopted. F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.11 Repealed

History

• Authority: O.C.G.A. §§ 35-3-32, 35-3-33, 35-3-34, 35-3-35, 35-3-38
• History. Original Rule entitled "Security Requirements for Criminal Justice Information in a Data Processing Environment" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976.
• Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992.
• Amended: F. Apr. 16, 1993; eff. May 6, 1993.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.12 Repealed

History

• Authority: O.C.G.A. §§ 17-4-20.1, 35-3-33, 35-3-36
• History. Original Rule entitled "Uniform Crime Reporting" adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. July 7, 1988; eff. July 27, 1988.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Repealed: New Rule of same title adopted. F. Dec. 4, 1991; eff. Dec. 24, 1991.
• Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.13 Repealed

History

• Authority: O.C.G.A. §§ 35-3-33, 35-3-36, 40-11-2
• History. Original Rule entitled "Wanted/Missing Persons and Stolen Property" adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Amended: F. Jan. 6, 1988; eff. Jan. 27, 1988, as specified by the Agency.
• Repealed: New Rule entitled "Wanted/Missing Persons and Stolen/Abandoned Property" adopted. F. July 7, 1988; eff. July 27, 1988.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992.
• Repealed: New Rule entitled "Wanted/Missing Persons and Stolen/ Abandoned Serial Numbered Property" adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.14 Repealed

History

• Authority: O.C.G.A. §§ 35-3-33, 35-3-36
• History. Original Rule entitled "Validation Procedures for Wanted/ Missing Person and Stolen Property Records" adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. July 7, 1988; eff. July 27, 1988.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.15 Repealed

History

• Authority: O.C.G.A. §§ 35-1-8, 35-3-4, 35-3-33, 35-3-36
• History. Original Rule entitled "Special Handling Provisions for Missing and Unidentified Deceased Persons" adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. July 7, 1988; eff. July 27, 1988.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Amended: F. Dec. 4, 1991; eff. Dec. 24, 1991.
• Repealed: New Rule entitled "Procedures for Handling Missing and Unidentified Deceased Persons" adopted F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.16 Repealed

History

• Authority: O.C.G.A. § 35-3-33
• History. Original Rule entitled "Training" adopted. F. July 2, 1986; eff. July 22, 1986.
• Repealed: New Rule of same title adopted. F. July 7, 1988; eff. July 27, 1988.
• Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990.
• Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992.
• Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, effective Oct. 15, 2007.
• Repealed: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.17 Repealed

History

• Authority: O.C.G.A. §§ 16-11-172, 35-3-32, 35-3-34, 35-3-38
• History. Original Rule entitled "Sanctions" adopted. F. Dec. 4, 1991; eff. Dec. 24, 1991.
• Repealed: New Rule entitled "Georgia Instant Background Checks for Firearms Purchases" adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002. Repealed: New Rule entitled "Brady Handgun Violence Prevention Act" adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.18 Repealed

History

• Authority: O.C.G.A. § 42-1-12
• History. Original Rule entitled "The Georgia Sexually Violent Offender Registry" adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998.
• Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.19 Repealed

History

• Authority: O.C.G.A. § 19-13-50
• History. Original Rule entitled "Sanctions" adopted. F. Mar. 4, 1998, eff. Mar. 24, 1998.
• Repealed: New Rule entitled "The Georgia Protective Order Registry" adopted. F. Sept. 25, 2007, effective Oct. 15, 2007.
• Repealed: F. Jan. 23, 2026; eff. Feb. 12, 2026.

Ga. Comp. R. & Regs. r. 140-2-.20 Repealed

History

• Authority: O.C.G.A. §§ 16-9-90, 35-3-32, 35-3-38
• History. Original Rule entitled "Sanctions" adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.
• Repealed: F. Jan. 23, 2026; eff. Feb. 12, 2026.