(h)(1) The division director is authorized to make, or cause to be made through employees or contract agents of
the board, such investigations as he or she or the board may deem necessary or proper for the enforcement of
the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have
access to and may examine any writing, document, or other material relating to the fitness of any licensee,
registrant, or applicant. The division director or his or her appointed representative may issue subpoenas to
compel such access upon a determination that reasonable grounds exist for the belief that a violation of this
chapter or any other law relating to the practice of veterinary medicine or veterinary technology may have taken
place.
(2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of
such investigations shall be kept for the board by the division director, with the board retaining the right to have
access at any time to such records. No part of any such records shall be released, except to the board, for any
purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided,
however, that the board shall be authorized to release such records to another enforcement agency or lawful
licensing authority.
(3) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings
and to discuss any disciplinary matter in private with a licensee, registrant, or applicant and the legal counsel of
that licensee, registrant, or applicant.
(i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal
liability for reporting or investigating the acts or omissions of a licensee, registrant, or applicant which violate the
provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's, registrant's,
or applicant's fitness to practice as a licensed veterinarian or registered veterinary technician or for initiating or
conducting proceedings against such licensee, registrant, or applicant, if such report is made or action is taken in
good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the
nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the
provisions of subsection (a) of this Code section or any other law relating to a licensee's, registrant's, or
applicant's fitness to practice as a licensed veterinarian or registered veterinary technician shall be immune from
civil and criminal liability for so testifying.
(j) Neither a denial of a license or registration on grounds other than those enumerated in subsection (a) of this
Code section nor the issuance of a private reprimand nor the denial of a license or registration by endorsement
nor the denial of a request for reinstatement of a revoked license or registration nor the refusal to issue a
previously denied license or registration shall be considered to be a contested case within the meaning of Chapter
13 of Title 50, the "Georgia Administrative Procedure Act." Notice and hearing within the meaning of Chapter 13
of Title 50 shall not be required, but the applicant, registrant, or licensee shall be allowed to appear before the
board if he or she so requests.
(k) If any licensee, registrant, or applicant fails to appear at any hearing after reasonable notice, the board may
proceed to hear the evidence against such licensee, registrant, or applicant and take action as if such licensee,
registrant, or applicant had been present. A notice of hearing, initial or recommended decision, or final decision o
the board in a disciplinary proceeding shall be served upon the licensee, registrant, or applicant by certified mail
or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If
such material is returned marked "unclaimed" or "refused" or is otherwise undeliverable and if the licensee,
registrant, or applicant cannot, after diligent effort, be located, the division director shall be deemed to be the
agent for service for such licensee, registrant, or applicant for purposes of this Code section, and service upon
the division director shall be deemed to be service upon the licensee, registrant, or applicant.
(l) The voluntary surrender of a license or registration shall have the same effect as a revocation of the license or
registration, subject to reinstatement in the discretion of the board.
(m) This Code section shall apply equally to all licensees, registrants, or applicants whether individuals, partners,
or members of any other incorporated or unincorporated associations, corporations, or other associations of any
kind whatsoever.
(n) All subpoenas issued pursuant to the authority granted in this chapter shall be subject to the general rules of
law with respect to distance, tender of fees and expenses, and protective orders; and any motion made with
respect thereto shall be made to and passed on by a judge of the superior court of the county of residence of the
person to whom the subpoena is directed.
(o) Any proceeding or administrative action instituted under this Code section shall be governed by the provisions
of this Code section as they existed in full force and effect on the date of the commission of the act or acts
constituting a violation of this Code section, except as otherwise specifically declared by the General Assembly.
Laws 1950, p. 254, § 4; Laws 1965, p. 92, § 1; Laws 1973, p. 260, § 4; Laws 1974, p. 1441, § 3; Laws 1982, p.
1065, § 5; Laws 1988, p. 1589, § 4; Laws 2000, p. 1589, § 3; Laws 2000, p. 1706, § 19; Laws 2003, Act 257, §
1-1, eff. July 1, 2003; Laws 2005, Act 19, § 43, eff. April 7, 2005.