Military service members and their spouses could soon be compensated by Georgia licensing boards after a deal struck by the U.S. Department of Justice.
Following a complaint alleging that Georgia’s professional licensing boards were not recognizing out-of-state licenses for service members and military spouses as required by the Servicemembers Civil Relief Act, the DOJ began investigating. Officials said teachers, nurses, barbers, electricians, therapists, social workers and others were impacted.
The settlement between more than 40 Georgia state licensing boards and the DOJ includes rules meant to streamline the licensing process for those who move to Georgia on military orders. It also provides $3 million in compensation for service members and their spouses whose applications for licensure were improperly denied or delayed since January 2023.
During a news conference at the Richard B. Russell Federal Building in downtown Atlanta, Theodore Hertzberg, the U.S. attorney for the Northern District of Georgia, said it’s never easy for service members and their families to pack up and move. It involves countless sacrifices, including having to find new work, he said.
“Everything changes, all in selfless service to the security of our nation. Today, we honor and recognize these sacrifices, and we say to our fighting men and women that if you must deploy to Georgia, you will be welcome here, and your transition will be free from unlawful burdens,” Hertzberg said.
DOJ Assistant Attorney General for Civil Rights Harmeet Dhillon described the settlement as “significant” and said it ensures service members and their spouses benefit from theA Servicemembers Civil Relief Act.
In 2023, the SCRA was amended to allow service members and their spouses to use existing licenses and certificates when they relocate for military orders, with some restrictions. According to the DOJ, military spouses had reported difficulty transferring their licenses, which impacted their ability to find work.
“If the licensing board demands a process or procedure that exceeds SCRA requirements, they are violating federal law,” Dhillon said.
Credit: Miguel Martinez/AJC
Credit: Miguel Martinez/AJC
There may be as many as 5,000 people impacted by the Georgia Boards’ past practices, Hertzberg estimated.
He included examples of a physical therapist who had to cross state lines every day to keep working and a veterinarian who had a job offer in Georgia but couldn’t work here because the board wouldn’t accept her out-of-state license.
In the next few months, the Georgia Boards must provide a written electronic notice to every person who has applied to the Georgia Boards for a license of any kind since Jan. 5, 2023, documents show. Anyone who believes they were impacted can claim from the $3 million pool by showing the extent to which they were impacted.
The settlement is not meant to be punitive to the state, according to Hertzberg, but is instead intended to fix a mistake. He said the DOJ investigation that opened in 2024 revealed that “many” of Georgia’s licensing boards were out of compliance.
Hertzberg said he does not expect there to be “very large claims,” adding that the impacts service members and their spouses experienced were “not all that significant.”
“It may be a matter of paying for an application fee that otherwise they wouldn’t have had to pay for; that could be 50 bucks or 100 bucks. It may be having to travel for a few days until the Georgia license came in; that may be a few hundred dollars” Hertzberg said.
Credit: Miguel Martinez/AJC
Credit: Miguel Martinez/AJC
Georgia is not alone, according to Dhillon, who said the issue is “pretty widespread.” She said she hopes other states take note of how Georgia fixed the issues.
In the past few years, Georgia has taken steps forward, but some boards remained out of compliance.
In April 2024, Gov. Brian Kemp signed a series of bills focused on “supporting veterans, military service members and their spouses.” The bills include House Bill 880, which allowed relocated military spouses to work under a license they hold in a different state and under the supervision of an “existing Georgia entity” after they have applied for an in-state license.
In November 2023, Georgia Supreme Court Chief Justice Michael P. Boggs announced that lawyers whose active-duty military spouses are stationed in Georgia would be able to practice in the state when already licensed in another state. Those attorneys obtain a provisional license to practice law in Georgia without having to sit the state’s bar exam, subject to certain conditions, and must still register with the State Bar of Georgia.
“The reason why we had to do the settlement through the DOJ is, despite even well-meaning laws and practices, some of the boards haven’t gotten the message,” Dhillon said.
The settlement includes some terms and conditions, including that the Georgia Boards cannot deny service members and their spouses the right to professional licenses and shall not require service members and their spouses to provide documentation or any additional requirements not part of the SCRA. It also states that the Georgia Boards must establish application processes for all professional licenses consistent with the SCRA and has to provide temporary licenses if specific time intervals are not met.
Hertzberg said he does not believe the Georgia Boards had malicious intent, adding that it was “quick to get involved and address the problem.”
“They want Georgia to be a hospitable home to our military members and to their spouses and to their families,” Hertzberg said.
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