Subject 375-5-6 DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM
The DUI Alcohol or Drug Use Risk Reduction Program shall be
administered by the Regulatory Compliance Division of the Department of Driver
Services, and such additional staff as the Commissioner deems
necessary.
| (1) |
Words, whenever
used in this Chapter, shall have the same meaning as ascribed to them in
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, and any
appellate decisions interpreting said verbiage, unless otherwise defined in the
rule of which they are part. |
| (2) |
The following words and phrases, whenever used in this Chapter, shall have the
meaning ascribed to them in this section, unless otherwise defined in the rule
of which they are part.
| (a) |
"Accredited
college or university" means a postsecondary educational institution that is
accredited by an accrediting agency or state approval agency recognized by the
United States Department of Education Office of Postsecondary Education, or the
successor agency thereof. |
| (b) |
"Applicant" means any person who has made application to become a certified DUI
Alcohol or Drug Use Risk Reduction Program Owner, Director, or Instructor, but
has not been certified. |
| (c) |
"Assessment Component" means the standard screening instrument designated by
the Department that is used by a DUI Alcohol or Drug Use Risk Reduction Program
to screen for the extent of an individual's alcohol and drug use and its impact
on driving. |
| (d) |
"Cancellation"
means the annulment or termination of a Certification by formal action of the
Department because of some error or defect in the Certification, or because the
certificate holder was not entitled to or is no longer entitled to such
Certification. The cancellation of a Certification is without prejudice, and an
application for a new Certification may be made at any time after such
cancellation. |
| (e) |
"Certification"
means written authorization from the Department to any Owner, Director, or
Instructor at a DUI Alcohol or Drug Use Risk Reduction Program, which allows
the holder thereof to operate or direct a Program, or to provide
instruction. |
| (f) |
"Department" means
the Department of Driver Services. |
| (g) |
"Director" means any person designated in
writing by the Program Owner(s) and certified by the Department to manage and
control the overall operation of a DUI Alcohol or Drug Use Risk Reduction
Program, including managing the day-to-day operations, supervising all
employees and instructors, establishing policies and procedures, ensuring
compliance with same, overseeing and ensuring compliance with program
requirements, and ensuring compliance with all other legal requirements. Each
program must have at least one designated director. The director may be an
owner or a person designated by the owner(s). |
| (h) |
"Intervention Component" means the
therapeutic education about alcohol and drug use and driving, and peer group
counseling concerning alcohol and drug use given by a DUI Alcohol or Drug Use
Risk Reduction Program over a period of at least twenty (20) hours utilizing a
methodology and curriculum approved by the Department. |
| (i) |
"Instructor" means an individual who has
been certified by the Department to instruct the Intervention Component of the
DUI Alcohol or Drug Use Risk Reduction Program. |
| (j) |
"Offender" means any person who may be
required to enroll in a DUI Alcohol or Drug Use Risk Reduction Program, but who
has not yet become a Student at a particular Program. |
| (k) |
"Operations Guidelines" mean the
directions, forms, formats and guidelines formulated by the Department in order
to implement these rules and regulations. |
| (l) |
"Owner" means any person who has a
financial interest in a DUI Alcohol or Drug Use Risk Reduction
Program. |
| (m) |
"Person" means any
individual, agent, representative, governing or operating authority, board,
organization, partnership, agency, association, corporation, or other entity,
whether public or private. |
| (n) |
"Program" means any DUI Alcohol or Drug Use Risk Reduction Program that is
certified by the Department to deliver the Assessment and Intervention
Components. |
| (o) |
"Program location"
means any location where a Student receives Program services. |
| (p) |
"Program requirements" mean any provision
of state or federal law, rule, regulation, or operations guidelines of the
Department; or administrative or judicial order that applies to Programs or
Instructors. Program requirements specifically include compliance with
anti-discrimination laws and rules and regulations. |
| (q) |
"Revocation" means the termination of
Certification by formal action of the Department, which Certification shall not
be subject to renewal or restoration, except that an application for new
Certification may be presented to and acted upon by the Department after the
expiration of the applicable period of time prescribed by the Department.
|
| (r) |
"Session" means a segment of
the Intervention Component. |
| (s) |
"Student" means any person who has signed an assessment contract, taken an
assessment, enrolled in, or taken the Intervention Component at a
Program. |
| (t) |
"Suspension" means the
temporary withdrawal of Certification by formal action of the Department; which
temporary withdrawal shall be for a period specifically designated by the
Department. |
|
| (1) |
No employee of
the Department, the Georgia Department of Public Safety, the Department of
Behavioral Health and Developmental Disabilities, or any spouse, dependent
child, dependent stepchild, or dependent adopted child of such employee, shall
be certified by the Department as a Program Owner, Director, or
Instructor. |
| (2) |
No judge, public or
private probation officer, public or private probation employee or agent, bail
bondsman, employee or agent of a bonding company, law enforcement or peace
officer, employee of a court in this or any or any other state, or any spouse
thereof, except for such persons who were and have been continuously certified
as of July 1, 1990, shall be certified by the Department as a Program Owner,
Director, or Instructor. |
| (3) |
No
Person who owns, manages, operates, or is employed by a private company that
has contracted to provide probation services for misdemeanor cases shall be
certified by the Department as a Program Owner, Director, or
Instructor. |
| (4) |
No Person shall be
certified by the Department if his or her Certification as a Program Owner,
Director, or Instructor could pose an actual, potential, or apparent conflict
of interest due to the existence of any relationship that would place such
Person in a position to exert undue influence on, exploit, take undue advantage
of, or breach the confidentiality of any Student or Offender. |
| (5) |
No Person who is neither a United States
citizen nor a non-citizen who is lawfully present in the United States shall be
certified by the Department as a Program Owner, Director, or
Instructor. |
| (6) |
Any Program Owner,
Director, or Instructor shall notify the Department if he or she, or his or her
spouse, dependent child, dependent stepchild, or dependent adopted child has a
change in employment status that creates an exclusion, as defined in this
chapter, within five (5) business days immediately following such event. The
Department may suspend, revoke, or cancel any Program Owner, Director, or
Instructor Certification upon receipt of any such notice. |
| (7) |
Any Program Owner, Director, or
Instructor shall notify the Department if he or she has a change in his or her
immigration status that creates an exclusion, as defined in this chapter,
within five (5) business days immediately following such event. The Department
may suspend, revoke, or cancel any Program Owner, Director, or Instructor
Certification upon receipt of such notice. |
| (1) |
Initial qualifications. To
be certified by the Department, each Applicant for Program Owner shall meet the
following initial qualifications:
| (a) |
Clear criminal record. Each Applicant for Program Owner shall be
subject to a fingerprint-based check of his or her criminal history, as
designated by the Department. No person with a conviction of a felony or any
other crime involving violence or a crime of moral turpitude or a pattern of
misdemeanors that evidences a disregard for the law, shall be certified by the
Department as a Program Owner, unless he or she has received a pardon and can
produce evidence of same. For the purposes of this chapter, a plea of
nolo contendere and "first offender" sentences imposed
pursuant to O.C.G.A. § 42-8-60, et seq.,
shall be considered a conviction. For the purposes of this chapter, a
conviction for which a person has been free from custody and free from
supervision for at least ten (10) years shall not be considered, unless the
conviction is for an offense which is a dangerous sexual offense, as defined in
O.C.G.A. § 42-1-12, or the criminal offense
was committed against a victim who was a minor at the time of the offense,
which offense shall result in the applicant's permanent disqualification from
eligibility. |
| (b) |
Safe driving
record. Each Applicant for Program Owner shall possess a valid driver's
license from the state of his or her legal residence, unless he or she has a
medical condition that makes him or her ineligible for a driver's license. Each
Applicant for Program Owner shall be subject to a check of his or her driving
history. No Person whose driver's license or privilege to drive has been
suspended or revoked as the result of any conviction or combination of
convictions during the five (5) year period of immediately preceding
application for Certification shall be certified by the Department as a Program
Owner. |
| (c) |
Freedom from
substance abuse and illicit drug use. Each Applicant for Program Owner
shall certify to the Department that he or she refrains, and will continue to
refrain, from abusing alcoholic beverages or controlled substances and from
using illicit drugs. |
| (d) |
Age. Applicants for Program Owner shall be at least twenty-one
(21) years of age. |
|
| (2) |
Ongoing qualifications. Each Program Owner shall maintain the
following qualifications, as applicable, on an ongoing basis:
| (a) |
Continued clear criminal
record. Each Program Owner shall maintain a criminal record free of
felony or misdemeanor convictions or pleas. In addition, each Owner certified
by the Department shall notify the Department if he or she pleads guilty or
nolo contendere to, or is convicted of, any felony or misdemeanor within five
(5) business days immediately following such event. Further, each Program Owner
certified by the Department shall, within 5 business days immediately
thereafter, report to the Department any arrests, which, if convicted thereof,
would have excluded him or her from becoming initially certified as a Program
Owner pursuant to
375-5-6-.04(1)(a).
The Department may suspend, revoke, or cancel any Program Owner Certification
upon receipt of notice of a conviction or arrest. |
| (b) |
Continued safe driving
record. Each Program Owner shall continue to maintain a safe driving
record during his or her period of Certification by the Department. Each
Program Owner shall continue to possess a valid driver's license from the state
of his or her legal residence, unless he or she has a medical condition that
makes him or her ineligible for a driver's license. Each Program Owner shall
notify the Department, within five (5) business days immediately thereafter, if
his or her driver's license or privilege to drive is cancelled, suspended, or
revoked in any jurisdiction, including the State of Georgia, for any reason.
The Department may suspend, revoke, or cancel any Program Owner's Certification
upon receipt of such notice of conviction. |
|
| (1) |
Initial qualifications. To
be certified by the Department, each Applicant for Program Director shall meet
the following initial qualifications:
| (a) |
Clear criminal record. Each Applicant for Program Director shall
be subject to a fingerprint-based check of his or her criminal history, as
designated by the Department. No person with a conviction of a felony or any
other crime involving violence or a crime of moral turpitude or a pattern of
misdemeanors that evidences a disregard for the law, shall be certified by the
Department as a Program Director, unless he or she has received a pardon and
can produce evidence of same. For the purposes of this chapter, a plea of
nolo contendere and "first offender" sentences imposed
pursuant to O.C.G.A. § 42-8-60, et seq.,
shall be considered a conviction. For the purposes of this chapter, a
conviction for which a person has been free from custody and free from
supervision for at least ten (10) years shall not be considered, unless the
conviction is for an offense which is a dangerous sexual offense, as defined in
O.C.G.A. § 42-1-12, or the criminal offense
was committed against a victim who was a minor at the time of the offense,
which offense shall result in the applicant's permanent disqualification from
eligibility. |
| (b) |
Safe driving
record. Each Applicant for Program Director shall possess a valid
driver's license from the state of his or her legal residence, unless he or she
has a medical condition that makes him or her ineligible for a driver's
license. Each Applicant for Program Director shall be subject to a check of his
or her driving history. No Person whose driver's license or privilege to drive
has been suspended or revoked as the result of any conviction or combination of
convictions during the five (5) year period of immediately preceding
application for Certification shall be certified by the Department as a Program
Director. |
| (c) |
Academic and
work experience. Applicants for Program Director must be qualified by
having the following academic and/or work experience requirements:
| 1. |
An undergraduate or graduate degree in
education, the social sciences, counseling, law, business or related field;
or |
| 2. |
A high school diploma or GED,
and at least two years of relevant paid work experience consisting of 20 or
more hours per week. The relevance of work experience will be determined by the
Department; and may include, but not necessarily be limited to, teaching of
adolescents or adults, alcohol and drug prevention and intervention education,
substance abuse counseling, or operation or management of a service-oriented
business. |
|
| (d) |
Completion of Program Director training course. Applicants for
Program Director shall successfully complete a training course conducted by the
Department. The Department may set a fee to cover the cost of the course, which
shall be paid by the Applicant or the Program for which he or she is applying
to be a Program Director. |
| (e) |
Completion of Risk Reduction Program. Applicants for Program
Director shall observe the 20-hour Intervention Component of the Risk Reduction
Program and provide proof thereof to the Department. |
| (f) |
Freedom from substance abuse and
illicit drug use. Each Applicant for Program Director shall certify to
the Department that he or she refrains from, and will continue to refrain from,
abusing alcoholic beverages or controlled substances and from using illicit
drugs. |
| (g) |
Age. Each
Applicant for Program Director shall be at least twenty-one (21) years of
age. |
|
| (2) |
Ongoing
qualifications. Each Program Director shall possess the following
qualifications, as applicable, on an ongoing basis:
| (a) |
Continued clear criminal
record. Each Program Director shall maintain a criminal record free of
felony or misdemeanor convictions or pleas. In addition, each Director
certified by the Department shall notify the Department if he or she pleads
guilty or nolo contendere to, or is convicted of, any felony
or misdemeanor within five (5) business days immediately following such event.
Further, each Program Director certified by the Department shall, within 5
business days immediately thereafter, report to the Department any arrests,
which, if convicted thereof, would have excluded him or her from becoming
initially certified as a Program Director pursuant to
375-5-6-.05(1)(a).
The Department may suspend, revoke, or cancel any Program Director
Certification upon receipt of notice of a conviction or arrest. |
| (b) |
Continued safe driving
record. Each Program Director shall continue to maintain a safe driving
record during his or her period of Certification by the Department. Each
Program Director shall continue to possess a valid driver's license from the
state of his or her legal residence, unless he or she has a medical condition
that makes him or her ineligible for a driver's license. Each Program Director
shall notify the Department, within five (5) business days immediately
thereafter, if his or her driver's license or privilege to drive is cancelled,
suspended, or revoked in any jurisdiction, including the State of Georgia, for
any reason. The Department may suspend, revoke, or cancel any Program
Director's Certification upon receipt of such notice. |
| (c) |
Continuing education. Each
Program Director shall successfully complete sixteen (16) hours of continuing
education courses relevant to Program administration every four (4) years. A
minimum of eight (8) hours shall be in Department-designated courses related to
Program administration or Program components. Each Program Director shall
complete a minimum of eight (8) hours of the required sixteen (16) hours of
continuing education training biannually, and provide proof thereof to the
Department on a biannual basis. The Department may cancel a Program Director's
certification for failure to complete a minimum of eight (8) hours of
continuing education training and to provide proof thereof to the Department
biannually. |
|
| (1) |
Initial qualifications. To
be certified by the Department, each Applicant for Program Instructor shall
meet the following initial qualifications:
| (a) |
Clear criminal record. Each
Applicant for Program Instructor shall be subject to a fingerprint-based check
of his or her criminal history, as designated by the Department. No person with
a conviction of a felony or any other crime involving violence or a crime of
moral turpitude or a pattern of misdemeanors that evidences a disregard for the
law, shall be certified by the Department as a Program Instructor, unless he or
she has received a pardon and can produce evidence of same. For the purposes of
this chapter, a plea of nolo contendere and "first offender"
sentences imposed pursuant to O.C.G.A. § 42-8-60, et seq.,
shall be considered a conviction. For the purposes of this chapter, a
conviction for which a person has been free from custody and free from
supervision for at least ten (10) years shall not be considered, unless the
conviction is for an offense which is a dangerous sexual offense, as defined in
O.C.G.A. § 42-1-12, or the criminal offense
was committed against a victim who was a minor at the time of the offense,
which offense shall result in the applicant's permanent disqualification from
eligibility. |
| (b) |
Safe driving
record. Each Applicant for Program Instructor shall possess a valid
driver's license from the state of his or her legal residence, unless he or she
has a medical condition that makes him or her ineligible for a driver's
license. Each Applicant for Program Instructor shall be subject to a check of
his or her driving history. No Person whose driver's license or privilege to
drive has been suspended or revoked as the result of any conviction or
combination of convictions during the five (5) year period of immediately
preceding application for Certification shall be certified by the Department as
a Program Instructor. |
| (c) |
Academic and work experience qualifications. Each Applicant for
Program Instructor shall have the following documented academic and/prior work
experience requirements:
| 1. |
An undergraduate
or graduate degree from an accredited college or university in a human service
related field; or |
| 2. |
An
undergraduate degree in any field of study from an accredited institution, and
two years of work experience (20 hours per week or more) of teaching,
counseling or training experience or three years part-time training experience;
or |
| 3. |
At least two years of
full-time work experience as a licensed, certified, or credentialed substance
abuse counselor with at least 6 months of experience in group counseling or
group facilitation. |
|
| (d) |
Age. Each Applicant for Program Instructor shall be at least
twenty-one (21) years of age. |
| (e) |
Freedom from substance abuse and illicit drug use. Each Applicant
for Program Instructor shall certify to the Department that he or she refrains
from, and will continue to refrain from, abusing alcoholic beverages or
controlled substances and from using illicit drugs. |
|
| (2) |
Ongoing qualifications. Each
Instructor certified by the Department shall possess the following
qualifications, on an ongoing basis:
| (a) |
Continued clear criminal record. Each Program Instructor shall
maintain a criminal record free of felony or misdemeanor convictions or pleas.
In addition, each Instructor certified by the Department shall notify the
Department if he or she pleads guilty or nolo contendere to, or is convicted
of, any felony or misdemeanor within five (5) business days immediately
following such event. Further, each Program Instructor certified by the
Department shall, within five (5) business days immediately thereafter, report
to the Department any arrests, which, if convicted thereof, would have excluded
him or her from becoming initially certified as a Program Instructor pursuant
to 375-5-6-.06(1)(a).
The Department may suspend, revoke, or cancel any Program Instructor
Certification upon receipt of notice of a conviction or arrest. |
| (b) |
Continued safe driving
record. Each Program Instructor shall continue to maintain a safe
driving record during his or her period of Certification by the Department.
Each Program Instructor shall continue to possess a valid driver's license from
the state of his or her legal residence, unless he or she has a medical
condition that makes him or her ineligible for a driver's license. Each Program
Instructor shall notify the Department, within five (5) business days
immediately thereafter, if his or her driver's license or privilege to drive is
cancelled, suspended, or revoked in any jurisdiction, including the State of
Georgia, for any reason. The Department may suspend, revoke, or cancel any
Program Instructor's Certification upon receipt of such notice. |
| (c) |
Continuing education. Each
Program Instructor shall complete a minimum of thirty-two (32) hours of
continuing education in alcohol and drug training or group facilitation
training sponsored or approved by the Department every four (4) years; of
which, a minimum of sixteen (16) hours shall be in Department-designated
refresher courses specific to Program components. Each Program Instructor shall
complete a minimum of sixteen (16) of the required thirty-two (32) hours of
continuing education training biannually, and provide proof thereof to the
Department on a biannual basis. The Department may cancel a Program
Instructor's certification for failure to complete a minimum of sixteen (16)
hours of continuing education training and to provide proof thereof to the
Department biannually. |
|
| (1) |
Certification required. No Person may operate a Program without
first being certified by the Department. |
| (2) |
Management and control by Owners,
partners, or stockholders. Only certified Owners, partners, and
stockholders are authorized to exercise management and control over Program
operations. |
| (3) |
Application
for Program Certification requirements.
| (a) |
All applications for Program Owner shall
be submitted on forms prepared by the Department, following the procedure
prescribed by the Department. |
| (b) |
All applications for Program Owner shall include all information and fees; and
shall be truthful, accurate and complete. |
| (c) |
All Applicants for Program Owner shall
submit to the Department the following materials, in addition to the completed
Program application:
| 1. |
A Consent for
Background Investigation Form with notarized signatures from each Program
Owner, partner, or stockholder; |
| 2. |
Either a copy of the Program's Certificate of Incorporation from the State of
Georgia Secretary of State's Office, or proof that the Program's adopted
business name has been filed with the Clerk of Superior Court in the county
where the program is located, in accordance with O.C.G.A. § 10-1-490; |
| 3. |
A copy of the Program's Business
License; |
| 4. |
Proof of a continuous
Surety Bond in the principal sum of $10,000 per Program location from a company
authorized to conduct business in the State of Georgia indicating the Georgia
Department of Driver Services as obligee. Where multiple Programs are owned by
one entity, a single surety bond for all locations may be submitted reflecting
an aggregate amount of $10,000 per Program location; |
| 5. |
A fire code inspection report from a
local, municipal, or state fire marshal showing no violations for each Program
location and dated within 90-days of filing the Program application; |
| 6. |
A copy of the Program's standard business
hours and days of operation; |
| 7. |
A
draft of the student Assessment Component contract, complete with the Program's
name, address, and telephone number; |
| 8. |
A draft of the Student Intervention
Component contract complete with Program's name, address, and telephone
number; |
| 9. |
A notarized letter
appointing one or more individuals as Program Director; |
| 10. |
A signed and notarized confidentiality
statement from each Owner, partner, or stockholder certifying that he or she
will hold the identity of Student and Program records confidential. |
|
| (d) |
After receipt of a completed
application evidencing that all Program Owners, partners, and stockholders have
met the qualifications requirements set forth in Ga. Admin. Comp. Ch.
375-5-6-.04, and provided all other
Program requirements have been met, the Department, or an authorized
representative thereof, shall conduct an on-site inspection of the Program
location to determine the Program's compliance with location and facilities
requirements. If the Program demonstrates compliance with Program requirements,
the Department shall certify the Program. For Programs certified as of the
effective date of this regulation, the Department shall set the expiration date
of their Certifications and notify them thereof. |
| (e) |
The Department may require any Applicant
for Program Owner Certification to submit additional information or
verification that is reasonably related to making a determination regarding
initial Program Certification. |
|
| (4) |
Program Owner Recertification
requirements.
| (a) |
Once certified, a
Program Owner shall remain certified for a period of four (4) years, or as long
as the Program Owner remains in compliance with Program Requirements. |
| (b) |
Program Owners certified as of the
effective date of this regulation, shall come into compliance with this
regulation by July 1, 2010. |
| (c) |
Applications for Program Owner recertification shall be submitted to the
Department no more than 90 days, and no less than 30 days, prior to the
expiration date of the existing Certification. |
| (d) |
Any Program Owner whose Certification has
expired shall not conduct business until a completed recertification
application has been submitted to and approved by the Department. If a Program
Owner's Certification has expired, and remained expired for a period of more
than one (1) year, a new application is required and the Certification process,
as outlined in this chapter and
375-5-6-.04, shall be
followed. |
| (e) |
The Department may
require any Program Owner that is applying for recertification to submit
additional information or verification that is reasonably related to making a
determination regarding recertification. |
|
| (5) |
Non-transferability of
Certification. The Certification of a Program is not transferable. A
Program must apply for Certification at least sixty (60) days prior to any
change in Program ownership. All new Program Owners, partners, and stockholders
shall meet the requirements set forth in Ga. Admin. Comp. Ch.
375-5-6-.04. The Program shall
return the old Program certificate to the Department prior to receiving a new
certificate. If the change in Program ownership is the result of death of a
Program Owner, the Program may continue to operate for a period of sixty (60)
days pending completion of the new Program application. |
| (6) |
Validity of Program
Certification. In the event the Program Owner ceases to be actively
engaged in the operation of a Program, the Program Owner shall immediately
notify the Department and return his or her Certification to the Department. A
Program Owner ceases to be actively engaged in the operation of a Program when
he or she fails to conduct a class for a period of one (1) year. |
| (7) |
If, within six (6) months of the time
that a person applies for issuance or renewal of his or her certification as a
program owner, he or she has undergone a background investigation for issuance
or renewal of his or her certification for another program regulated by the
Department, he or she shall not be required to submit new fingerprints, and the
Department shall utilize the criminal history information obtained from that
investigation in considering the person's eligibility for issuance or renewal
of his or her certification as a program owner. |
| (1) |
Certification required. No
Person may direct a Program without first being certified by the
Department. |
| (2) |
Application
for Program Director.
| (a) |
All
applications for Program Director shall be submitted on forms prepared by the
Department, following a procedure outlined by the Department. |
| (b) |
All applications for Program Director
shall include all information and fees; and shall be truthful, accurate and
complete. |
| (c) |
All Applicants for
Program Director shall submit to the Department the following supporting
materials, in addition to the completed Program Director application:
| 1. |
A notarized Consent for Background
Investigation Form; |
| 2. |
His or her
official transcripts or a copy of diploma from an accredited college or
university, if applicable; |
| 3. |
A
copy of his or her high school diploma or GED, if applicable; |
| 4. |
Proof that he or she successfully observed
the 20-hour Intervention component. The Department may waive this requirement
if the Applicant is certified as a Program Instructor; |
| 5. |
A notarized letter of appointment from a
Program Owner; |
| 6. |
A notarized
confidentiality statement affirming that he or she will hold the identity of
Student and Program records confidential; and |
|
| (d) |
The Department may require any Applicant
applying for Program Director Certification to submit additional information or
verification that is reasonably related to making a determination regarding
Certification; |
| (e) |
After receipt of
a completed application evidencing that the Applicant for Program Director has
met the qualifications requirements set forth in Ga. Admin. Comp. Ch.
375-5-6-.05, and provided all other
Program requirements have been met, the Department shall issue a Certification
for Program Director. |
|
| (3) |
Temporary Director
Certification. The Department may issue a temporary Program Director
Certification pending completion of the background investigation, provided all
other requirements for initial Program Director Certification have been met.
Said temporary Certification shall expire on the ninety-first day following
issuance, unless the application is denied, in which case the temporary
Certification shall be deemed to have been cancelled by operation of law.
Temporary Program Director Certifications may be renewed at the discretion of
the Department. |
| (4) |
Recertification requirements.
| (a) |
A Program Director shall remain certified
for a period of four (4) years; provided, however, the Program Director remains
in compliance with Program Requirements. |
| (b) |
At the end of the four (4) year
certification period, each Program Director is required to apply to the
Department for recertification, following a procedure prescribed by the
Department. |
| (c) |
Applications for
Program Director recertification shall be submitted to the Department no more
than 90 days, and no less than 30 days, prior to the expiration date of the
existing Certification. |
| (d) |
Any
Program Director whose Certification has expired shall not direct until a
completed recertification application has been submitted to and approved by the
Department. If a Program Director's Certification has expired, and remained
expired for a period of more than one (1) year, a new application is required
and the Certification process, as outlined in this chapter and
375-5-6-.05, shall be
followed. |
| (e) |
The Department may
require any Program Director that is applying for recertification to submit
additional information or verification that is reasonably related to making a
determination regarding recertification. |
|
| (5) |
If, within six (6) months of the time
that a person applies for issuance or renewal of his or her certification as a
program director, he or she has undergone a background investigation for
issuance or renewal of his or her certification for another program regulated
by the Department, he or she shall not be required to submit new fingerprints,
and the Department shall utilize the criminal history information obtained from
that investigation in considering the person's eligibility for issuance or
renewal of his or her certification as a program director. |
| (1) |
Certification required. No
person may instruct in a Program without first being certified by the
Department. |
| (2) |
Application
for Instructor Certification.
| (a) |
All
applications for Program Instructor Certification shall be submitted on forms
prepared by the Department, following a procedure prescribed by the
Department. |
| (b) |
The application for
Program Instructor shall include all information and fees; and shall be
truthful, accurate and complete. |
| (c) |
Applicants for Program Instructor shall
submit to the Department the following materials, in addition to the completed
Program Instructor application:
| 1. |
A
notarized Consent for Background Investigation Form; |
| 2. |
Appropriate documentation of at least two
years of relevant work experience submitted on company (employer)
letterhead; |
| 3. |
Copies of official
transcripts or a copy of a diploma from an accredited college or university, if
applicable; |
| 4. |
A copy of his or her
high school diploma or GED, if applicable; |
| 5. |
A notarized confidentiality statement
certifying that he or she will hold the identity of Students and Program
records confidential; |
| 6. |
Proof of
successfully completing the Department-designated Program Instructor training
course. The Department-designated curriculum provider will set a fee to cover
the cost of the course, which shall be paid by the Applicant or the Program to
which he or she is applying. Requirements for successful completion include
passing a written examination with a score of at least 80 out of 100; and
making a satisfactory oral presentation during the training course to
demonstrate ability to teach the course. |
|
| (d) |
The Department may require any Applicant
for Instructor Certification to submit additional information or verification
that is reasonably related to making a determination for
Certification. |
| (e) |
Upon receipt of
a fully completed application evidencing that the Applicant meets the
qualifications set forth in Ga. Admin. Comp. Ch.
375-5-6-.06, and upon verification
that the Applicant has successfully completed the Program Instructor training
course, the Department shall certify the Applicant as a Program
Instructor. |
|
| (3) |
Temporary Instructor Certification. The Department may issue a
temporary Program Instructor Certification pending completion of the background
investigation, provided all other Program Instructor Certification requirements
have been met. Said temporary Certification shall expire on the ninety-first
day following issuance, unless the application is denied, in which case the
temporary Certification shall be deemed to have been cancelled by operation of
law. Temporary Program Instructor Certifications may be renewed at the
discretion of the Department. |
| (4) |
Recertification requirements.
| (a) |
A Program Instructor shall remain
certified for a period of four (4) years; provided, however, that he or she
remains in compliance with Program Requirements. However, the Certification of
any Program Instructor who fails to begin instructing within six (6) months of
Certification may be cancelled. |
| (b) |
Applications for Program Instructor recertification shall be submitted to the
Department no more than 90 days, and no less than 30 days, prior to the
expiration date of the existing Certification. In order to be recertified, a
Program Instructor shall provide proof to the Department that he or she has
instructed at least four (4) classes during his or her four (4) year period of
Certification. |
| (c) |
No Program
Instructor whose Certification has expired shall instruct until a completed
recertification application has been submitted to and approved by the
Department. If the Program Instructor Certification has expired and has
remained expired for a period of more than one (1) year, a new application is
required and the Certification process, as outlined by
375-5-6-.06, shall be
followed. |
| (d) |
The Department may
require any Program Instructor applying for recertification to submit
additional information or verification that is reasonably related to making a
determination of recertification. |
|
| (5) |
Validity of Certification.
All Program Instructor Certifications issued pursuant to the laws and
regulations are valid only so long as the Program Instructor is actively
engaged in instructing the Intervention Component. In the event the Program
Instructor ceases to be actively engaged as a Program Instructor, the Program
Instructor shall immediately notify the Department and return his or her
Program Instructor Certification to the Department. A Program Instructor ceases
to be actively engaged in Program instruction when he or she fails to conduct a
class for a period of one (1) year. |
| (6) |
If, within six (6) months of the time
that a person applies for issuance or renewal of his or her certification as an
instructor, he or she has undergone a background investigation for issuance or
renewal of his or her certification for another program regulated by the
Department, he or she shall not be required to submit new fingerprints, and the
Department shall utilize the criminal history information obtained from that
investigation in considering the person's eligibility for issuance or renewal
of his or her certification as an instructor. |
| (1) |
When any Person who is or ever has been
certified by the Department within any regulated area applies for Certification
as a Program Owner, Director, or Instructor, the Department may consider that
Applicant's history of compliance when determining eligibility for
Certification. |
| (2) |
When any Program
Owner, Director, or Instructor applies to be recertified, the Department may
consider that Program Owner, Director, or Instructor's history of compliance in
determining eligibility for recertification. |
| (3) |
Cancellation, Suspension, or Revocation
of Certification in another program area regulated by the Department may result
in the Cancellation, Suspension, or Revocation of Certification granted in this
Program. |
| (1) |
Each Program employee, volunteer, agent,
or representative who provides any Program service to Offenders or Students,
has access to Program records, or who has telephone or face-to-face contact
with Offenders or Students shall meet the following requirements:
| (a) |
Be at least eighteen (18) years of
age; |
| (b) |
Sign a confidentiality
statement provided by the Department agreeing to hold the identity of Students
and Offenders and Student records confidential; |
| (c) |
Sign a statement provided by the
Department affirming that he or she is not excluded by any of the provisions of
375-5-6-.03; |
| (d) |
Sign a statement cosigned by the Program
Owner that the employee has received orientation on these rules and operations
guidelines relevant to that employee's job duties; and |
| (e) |
Never have been found to have
participated in the falsification of records, issuance of false or fraudulent
certificates, or the theft of certificates from a certified Program. |
|
| (2) |
The Department may cancel,
suspend, or revoke the Certification of any Program if it is determined that
the Program or Program employees, volunteers, agents, or representatives have
violated any provision of this chapter. |
In addition to meeting all other Program requirements, every
Program Owner is responsible for the following:
| (a) |
Providing services for the Assessment and
Intervention Components of the Program; |
| (b) |
The actions of all Program employees,
volunteers, agents, representatives, and Instructors carried out within the
scope of employment; |
| (c) |
Maintaining for every Director, Instructor, employee, volunteer, agent, or
representative a personnel folder containing their job application, signed
statements required by these rules, and, if applicable, a copy of each
Instructor's current Certification; |
| (d) |
Ensuring that Students or Offenders know
where and how to obtain information about local alcohol/drug treatment
resources and self-help support groups; |
| (e) |
Ensuring Students or Offenders know where
and how to obtain information about clinical evaluators certified by the DUI
Intervention Program at the Department of Behavioral Health and Developmental
Disabilities; |
| (f) |
Training all
Program employees, volunteers, agents, or representatives who have contact with
Students or Offenders to provide accurate information regarding the Program and
to maintain Student confidentiality; |
| (g) |
Participating in Program evaluations and
research projects, as directed by the Department; |
| (h) |
Prohibiting the solicitation of Students
or Offenders for insurance, legal services, bail bonds, specific clinical
evaluators or treatment providers, ignition interlock providers, or any other
product or service; |
| (i) |
Ensuring
the quality of instruction and delivery of the Program in a professional manner
conducive to learning; |
| (j) |
Ensuring
that each Student receives a new and unused copy of the required student
workbook; and, |
| (k) |
Ensuring that a
certificate of completion is immediately issued to each Student who
successfully completes all Program requirements. |
In addition to meeting all other Program requirements, every
certified Instructor shall be responsible for the following:
| (a) |
Facilitating all Sessions of the
Intervention Component. In cases of an emergency, and when the Program Owner
has been notified in advance, another certified Instructor may substitute to
complete the Intervention Component; |
| (b) |
Instructing for no more than eight (8)
hours a day; |
| (c) |
Arriving at least
thirty (30) minutes prior to the beginning of each Session; |
| (d) |
Remaining with the class during all
Sessions of the Intervention Component; |
| (e) |
Performing no other duties or functions
while instructing the Intervention Component, including answering the
telephone, completing paperwork, or administering assessments; |
| (g) |
Conducting class free from the influence
of alcohol or any illegal substance; |
| (h) |
Requiring all Students to attend the
mandatory 20 hours of the Intervention Component; |
| (i) |
Scheduling breaks as outlined in the
Intervention Component syllabus; |
| (j) |
When more than one Intervention Component
Session is conducted in a single day, providing for a minimum one (1) hour meal
break between each Session. The minimum one (1) hour meal break shall be in
addition to the required 20 hours of the Intervention Component; |
| (k) |
Requiring Students to sign a class roll
at the beginning of each Session of the Intervention Component; |
| (l) |
Allowing no Student to attend class while
intoxicated or under the influence of any illegal substance; |
| (m) |
Requiring each Student to arrive for each
Intervention Component Session on time; |
| (n) |
Reading the requirements for successful
completion of the Program at the first Session of the Intervention
Component; |
| (o) |
Providing each
Student with a new and unused copy of the required student workbook at the
first Session of the Intervention Component; |
| (p) |
Personally administering and grading the
post-tests before the issuance of a certificate of completion; |
| (q) |
Ensuring that a certificate of completion
is immediately issued to each Student who successfully completes all Program
requirements; |
| (r) |
Utilizing an
up-to-date Instructor's manual and audiovisuals prescribed by the Department
during all class Sessions; |
| (s) |
Covering all material contained in the Intervention Component curriculum in
sequence, as outlined by the course syllabus, without the use of outside
material; |
| (t) |
Making available to
each Student written information containing the names, telephone numbers, and
addresses of local alcohol/drug treatment resources and self-help support
groups; |
| (u) |
Participating in
Program evaluation and research, as directed by the Department; |
| (v) |
Ensuring that no Student is subject to
solicitation for any product or service during the Intervention Component;
and |
| (w) |
Delivering the Intervention
Component in a professional manner that is conducive to learning. |
| (1) |
Programs shall only use the Assessment
Component designated by the Department. |
| (2) |
An Assessment Component contract between
the Program and Student or Offender must be executed before the Assessment
Component can be administered. |
| (3) |
Assessment Components shall be conducted in accordance with the following
criteria:
| (a) |
All persons attending the
Program shall be undergo an Assessment Component; |
| (b) |
Assessment Components shall be processed
at least thirty (30) minutes before the beginning of the first Intervention
Component Session; |
| (c) |
Results of
the Assessment Component may not be transferred between Programs except in the
following situations:
| 1. |
A class for which a
Student has a signed intervention contract has been cancelled; |
| 2. |
The Student has moved at least thirty (30)
miles away. The fee for transferring results of an Assessment Component due to
Student relocation shall be no more than $25.00; or |
| 3. |
There is an emergency and prior approval
by the Department has been obtained. |
|
| (d) |
The Assessment Component shall be
administered in accordance with the directions and materials approved by the
Department; |
| (e) |
Each Program shall
retain proof of its authorized use of Assessment Components and shall use the
Assessment Component only for the purpose of assessing Students attending the
Program; |
| (f) |
Assessment Components
shall only be administered at the Program's certified premises, in a manner
that affords privacy to the individual being assessed, and that facilitates
concentration and freedom from distractions; |
| (g) |
The individual results of the Assessment
Component are to be confidential and shall only be discussed in private with
the individual assessed; |
| (h) |
Students shall be informed that the Assessment Component is valid for a one (1)
year period, that failure to enroll in the Intervention Component within that
period of time will result in the need for another Assessment Component with
payment of another assessment fee, and that any subsequent convictions within
the one-year period or thereafter will require that a Student take a separate
Assessment Component; |
| (i) |
Assessment Components shall be coded in accordance with instructions provided
by the Department; |
| (j) |
Each Program
shall maintain a monthly roster of all Offenders who have taken the Assessment
Component using the automated assessment roster of the approved assessment
instrument; |
| (k) |
Assessment fees
shall be paid to the state on all Offenders assessed, including those who did
not sign an Intervention Component contract, did not return for class after
signing an intervention contract, or have not attended all class
Sessions; |
| (l) |
Completed original
assessment rosters and rebate fees for each calendar month shall be sent to the
Department in time for them to be received by the tenth
(10th) calendar day of the month following the
report month; |
| (m) |
Each Program
shall maintain copies of the monthly assessment rosters and copies of rebate
checks mailed to the Department; and |
| (n) |
Illiterate and/or disabled Students and
Offenders shall be reasonably accommodated in the administration of the
Assessment Component. |
|
| (1) |
Programs shall only use the Intervention
Component designated by the Department. |
| (2) |
An Intervention Component contract
between the Program and Student or Offender must be executed before the
Intervention Component can be administered. |
| (3) |
The Intervention Component shall only be
taught by certified Instructors. |
| (4) |
The Intervention Component shall be
conducted in accordance with the following requirements:
| (a) |
Programs shall schedule the Intervention
Component so that all Sessions are completed within four (4) weeks, with no
more than two (2) Sessions scheduled in a single day. |
| (b) |
Intervention Component course delivery,
content, and sequence of instruction shall be in accordance with the Department
designated Instructor's manual. |
| (c) |
The Intervention Component shall have a minimum of five (5) paid contracts for
Students planning to attend the scheduled course dates and can have no more
than the maximum allowed by the Program's Certification, up to a maximum of
forty (40) Students. |
| (d) |
Intervention Component courses may be instructed, canceled, or rescheduled at
the discretion of the Owner if fewer than five (5) Students appear for the
first Session. |
| (e) |
No Students from
one Intervention Component course may be combined with Students from another
Intervention Component course to complete Sessions of a course. However, a
Student · with an excused absence may attend an Intervention Component
course other than the one he or she started for the purpose of completing
missed Sessions. An absence is considered excused if the Student is called for
military duty has a personal medical emergency or a medical emergency involving
an immediate family member, or there is a death in the Student's immediate
family. Other absences may be excused at the Program Owner's
discretion. |
| (f) |
All Students shall
be required to attend the Intervention Component for the entire twenty (20)
hours, and no Student may be admitted late or dismissed early from any
Session; |
| (g) |
Intervention Component
classes shall be held in accordance with the course schedule on file with the
Department. Schedule amendments shall be submitted to the Department at least
five (5) business days prior to the beginning of any impacted class. |
| (h) |
A class roll following a format
prescribed by the Department shall be signed by each Student and Instructor at
the beginning of each Session; |
| (i) |
Illiterate and/or disabled Students and Offenders shall be reasonably
accommodated. |
|
| (1) |
Confidentiality. Program
records shall be maintained in accordance with the confidentiality provisions
of 375-5-6-.24. |
| (2) |
Required records. Each
Program shall maintain and make available and accessible for inspection and
copying by the Department the following records for the periods set forth
below:
| (a) |
Assessment Roster
Files.
| 1. |
Assessment Roster Files shall
be retained for a period of twenty-four (24) months. |
| 2. |
Assessment Roster Files shall contain the
monthly assessment rosters and copies of rebate checks. |
| 3. |
Assessment Roster Files shall be organized
chronologically by month and calendar year. |
|
| (b) |
Class Files.
| 1. |
Class Files shall be labeled with the
class dates and maintained in chronological order by dates of the
class. |
| 2. |
Class Files shall contain
the original class roll and Program copy of class roster. |
| 3. |
In addition to the original class roll and
class roster, class files shall contain the following records for each Student
enrolled in any Program component: original assessment contract, assessment
answer sheet, assessment results, assessment summary sheet, Student information
sheet, original intervention contract, graded intervention post test,
certificate of completion, and replacement certificates of completion, if
applicable. |
| 4. |
Class files, class
rosters, and assessment results shall be maintained for a period of five (5)
years. |
|
| (c) |
Comprehensive Student and Offender List. Each Program shall
maintain, for a period of five (5) years, a comprehensive Student and Offender
list reflecting everyone to whom it has provided any service. The Student and
Offender List may be contained in a card file, computer database, or other
media. The Student and Offender List shall be maintained in alphabetical order
by Student name and shall contain the following information about each Student
or Offender:
| 1. |
His or her name, address, and
phone number(s); |
| 2. |
His or her
driver's license number and social security number; |
| 3. |
His or her date of birth; |
| 4. |
His or her date of assessment; |
| 5. |
His or her class dates and date of class
completion; |
| 6. |
The Intervention
Component Instructor's name(s); |
| 7. |
His or her certificate of completion number; and |
| 8. |
The date of issuance of any replacement
certificates of completion. |
|
| (d) |
Records of Offenders assessed who have
not enrolled in a class shall be placed in the assessment roster file with the
appropriate month's assessment roster. |
|
| (3) |
Submittal of Program records to the
Department. Each Program shall submit the following records to the
Department at the intervals set forth below.
| (a) |
Intervention Component course rosters
shall be forwarded to the Department within 15 days of class
completion; |
| (b) |
Should no
Assessment Components be administered during a month, an Assessment Component
roster marked "no assessments" shall be submitted to the Department by the 10th
day of the month following the report month; |
| (c) |
The Department may require all Programs
to submit and/or store records electronically in addition to the record
requirements set forth in this regulation. |
| (d) |
Program records submitted to the
Department shall bear the handwritten legal signature of the Program Owner,
Director, or Instructor. |
|
| (4) |
Transfer of assessment results to
clinical evaluators. Programs shall transfer by fax or mail a copy of
the Assessment Component results of any Offender to any clinical evaluator
designated by the Offender within five (5) business days of the receipt by the
Program of a written release. Programs may charge a fee of up to $25 for the
transfer of Assessment Component results. |
No Program may use the word "state" in any part of its name
or suggest that it is owned, operated, or endorsed by the state. A Program may
not use as its adopted business name "A DUI Alcohol or Drug Use Risk Reduction
Program" or "Risk Reduction Program" or any other generic reference to the
Program without additional modifiers in the name.
| (1) |
Programs shall only operate in locations
that have been certified by the Department. |
| (2) |
Programs shall only hold Courses in
classrooms that have been certified by the Department. |
| (3) |
No Program applying for Certification
shall share the same entrance with, or be immediately adjacent to, a facility
where alcoholic beverages are sold or distributed. |
| (4) |
No Program office or classroom shall be
located within a retail business establishment or a private
residence. |
| (5) |
Except as provided
in subsection (17) below, Program offices and classrooms shall be located on
the same premises. |
| (6) |
All Program
facilities shall include the following:
| (a) |
Clean working restrooms; |
| (b) |
Blinds, shades or curtains for windows or glass doors for Student
privacy; |
| (c) |
Adequate lighting,
heating and air conditioning; |
|
| (7) |
Programs shall maintain the following
equipment in working order:
| (a) |
A television
or projector and projection screen that can be suitably viewed by all course
participants; |
| (b) |
Media equipment
and visual displays for presenting required portions of the curriculum that
meets Department specifications; |
| (c) |
Secure file storage; and |
| (d) |
Other equipment as designated by the
Department. |
|
| (8) |
Program
offices cannot be open during class time, unless Program office activities can
be conducted without disrupting a class. |
| (9) |
The full Program name and business hours
shall be displayed and clearly visible from the outside of the
premises. |
| (10) |
Program classrooms
must have a minimum of 300 square feet of useable space. Program classrooms
shall be certified to offer services at twenty (20) square feet per person, up
to a maximum of forty (40) Students. Programs licensed prior to the enactment
of the 300 square foot minimum may continue to utilize existing classrooms_that
satisfied the prior requirement of 250 square feet. Such programs may not add
new classrooms that are less than 300 square feet in size. |
| (11) |
The Program's Certification shall be
displayed in a conspicuous location on the premises of the Program. |
| (12) |
Programs that are in compliance with the
Rules and Regulations of the Department may apply to operate satellite
locations. |
| (13) |
No satellite
program shall operate without first being certified by the
Department. |
| (14) |
Applications for
satellite programs shall be submitted on forms prepared by the Department,
following the procedure prescribed by the Department; shall include all
information and fees; and shall be truthful, accurate, and complete. |
| (15) |
Satellite programs shall be located
within fifty (50) miles of the Program that is operating the satellite
program. |
| (16) |
Multiple satellite
programs may operate in the same county. |
| (17) |
Satellite locations shall meet all
location and facility requirements as outlined in these rules and regulations,
except as follows:
| (a) |
Student or Offender
records may be maintained at the Program location; |
| (b) |
Programs may use the telephone number of
the Program location; and, |
| (c) |
Programs may perform administrative duties at Program location. |
|
| (1) |
Each Program shall maintain business
hours of at least fifteen (15) hours per week. |
| (2) |
Each Program shall notify the Department
of its business hours upon application for Certification. |
| (3) |
Each Program shall report any deviations
from the Program's set bus iness to the Department, in writing, at least
forty-eight (48) hours in advance, except in cases of emergency. |
| (4) |
Program staff shall be available during
business hours to answer the telephone, furnish information about the Program's
operation, verify services provided, and to produce records and documentation
requested by the Department. |
| (1) |
Each Program Owner shall notify the
Department in writing at least thirty (30) days prior to any change in the
Program location. |
| (2) |
No change of
Program location shall be approved by the Department without a site inspection
of the new premises. |
| (3) |
No Program
shall operate in any new location until Certification has been granted by the
Department. |
| (4) |
At least thirty
(30) days prior to a change in location approved by the Department, all
Students who have been assessed within one year prior to the move who have not
started or completed the Program shall be notified, in writing, of the Program
relocation. |
| (5) |
If a Program
relocates ten (10) or more miles from its original location, the Assessment
components completed by Students within one (1) year prior to the move that
have not started or completed the Program shall be transferred to another
Program of the Student's choice at no charge. Students may cancel their
Intervention component contracts with a Program that is relocating; and they
shall receive a full refund upon such cancellation. |
| (6) |
Upon applying to the Department for a
change of location, the Program shall post a notice of its request to move the
Program. Such notice shall be clearly displayed at the Program location. The
proposed new location shall be specified in the notice with complete address
and mileage distance from the present location. The notice shall also inform
Students of their right to transfer to another Program, and to cancel their
Intervention component contract with the Program and receive a full
refund. |
| (7) |
Any Program that has
applied for a change of location shall provide written notice of its
application to any prospective Student or Offender prior to executing an
Assessment Component or Intervention Component contract. |
| (8) |
No Program relocation shall cause any
Student to have Sessions of an intervention course in more than one location,
except in cases of emergency. Programs shall report emergency relocations to
the Department within five (5) business days. |
| (1) |
Any Program that intends to permanently
cease operations shall notify the Department, in writing, at least thirty (30)
days prior to such date. The notification to the Department shall include the
Program's closing date. |
| (2) |
Any
Program that intends to permanently cease operations shall post a notice of its
intent to close in a conspicuous area at the Program location, at least thirty
(30) days prior to such date. The notice shall include the Program's date of
closure, as well as advise Students and Offenders that have completed an
Assessment Component within the previous year, but have yet to begin the
Intervention Component, of their right to cancel their Intervention component
contract with the Program, receive a full refund, and have their Assessment
Component results transferred to a different Program of their choice free of
charge. |
| (3) |
Any Program that
intends to permanently cease operations, within five (5) business days
immediately following notification to the Department, shall notify all Students
or Offenders who have completed an Assessment Component with their Program
during the previous year, but have not started or completed the Intervention
Component, of the closure, in writing. The notification to Students and
Offenders shall include the Program's date of closure, as well as inform these
Students and Offenders of their right to cancel their Intervention component
contract with the Program, receive a full refund, and have their Assessment
Component results transferred to another Program of their choice free of
charge. |
| (4) |
Any Program that
intends to cease operations shall provide written notice of its intent to close
to all prospective Student or Offender prior to executing an Assessment
Component or Intervention Component contract. |
| (5) |
Any Program that permanently ceases
operations shall, within three (3) business days following the date of closure,
relinquish the following materials to the Department:
| (a) |
The official Program
Certification; |
| (b) |
All unused
certificates of completion and replacement certificates of
completion; |
| (c) |
All Program
Records, including assessment results, of Students who were assessed at the
closed Program within the last year, but who did not complete the Intervention
Component at that Program; |
| (d) |
A
sample copy of the letter the above Students received notifying them of the
closure of the Program; |
| (e) |
The
Program card files or a printout of the computer card files for the past five
calendar years; and |
| (f) |
Any other
Program records designated by the Department. |
|
| (6) |
Programs may request to temporarily cease
operations for a period of up to ninety (90) days. |
| (7) |
Programs that are approved by the
Department to temporarily cease operations shall comply with all requirements
outlined in this chapter. |
| (8) |
Programs shall be responsible for all costs associated with the shipment of
materials to and from the Department during a period of temporary
suspension. |
| (1) |
Each Program and Student or Offender
shall enter into a written contract for both the Assessment Component and
Intervention Component. |
| (2) |
The
original Assessment Component and Intervention Component contracts shall be
maintained by the Program for a period of five (5) years from the date of
execution. |
| (3) |
All Assessment
Component and Intervention Component contracts shall be pre-numbered, shall
follow a format prescribed by the Department, and shall contain all information
and provisions required by the Department. |
| (4) |
A copy of a completed Assessment
Component and Intervention Component contract between the Program and Student
or Offender shall be furnished to the Student or Offender prior to the delivery
of any service. |
| (1) |
Certificates of completion shall be
issued immediately to Students who successfully complete Program requirements,
in the manner prescribed by the Department. |
| (2) |
Programs may request paper certificates
of completion from the Department, in the manner prescribed by the
Department. |
| (3) |
Paper certificates
of completion sent to Programs shall be accompanied with a receipt, which must
be signed by the Program Owner or Director and returned to the Department prior
to additional paper certificates being issued. |
| (4) |
All paper certificates of completionshall
bear the handwritten legal signature of the Instructor. |
| (5) |
All information contained on the paper
certificate shall be complete and accurate. |
| (6) |
Each Program shall record the paper
certificate number on the class roster in numerical order. |
| (7) |
Each Program shall record any voided
paper certificates in numerical order, attach to the class roster, and forward
to the Department within fifteen (15) business days immediately thereafter.
Failure to forward a voided certificate to the Department in accordance with
the provisions of this paragraph may result in an administrative fine,
suspension of the Program's Certification, or both. |
| (8) |
No certificate of completion shall be
issued to a Student prior to successful completion of the Intervention
Component. |
| (9) |
Each Program shall
maintain paper certificates in a secure location until they are issued to
Students. |
| (10) |
Each Program must be
able to, at all times, account for the number of paper certificates issued to
it. |
| (11) |
Each Program shall notify
the Department if any paper certificate is lost, stolen, or cannot be accounted
for within 48 hours of discovery. Failure to report such an event to the
Department within 48 hours of discovery may result in an administrative fine,
Suspension, and/or Revocation of the Program's Certification. |
| (12) |
Replacement certificates of completion
shall be made upon a form prescribed by the Department and titled "Replacement
Certificate". |
| (13) |
Replacement
certificates of completion shall be provided to a Student within five (5)
business days of any such request. |
| (14) |
Programs shall verify their records to
confirm that each Student has completed the Intervention Component prior to
issuing a replacement certificate. |
| (15) |
Replacement certificates of completion
shall only be signed by the Program Owner, Program Director, or the Instructor
that taught the class. |
| (16) |
Programs may charge a fee of up to $20.00 for a replacement
certificate. |
| (17) |
Fraudulent
falsification or alteration of program records, including certificates of
completion and replacement certificates, may result in Cancellation,
Suspension, or Revocation of Program, Owner, or Instructor's Certification.
Additionally, the Department may impose civil penalties and/or pursue criminal
charges. |
All Program records that identify any Student or Offender by
name or inference shall be maintained as confidential and shall not be released
to any person, other than the Department, without the written consent of the
Student/Offender or upon court order.
| (1) |
Except as provided in subsection (3)
below, a Program must be certified by the Department in order to advertise in
any manner. |
| (2) |
Program
advertisement shall contain the Program's approved certified name and
certification number. |
| (3) |
An
Applicant for Program Owner, upon submitting a completed application to and
obtaining written authorization from the Department, may advertise in
accordance with this chapter if there is a reasonable expectation that the
Program will be certified. |
| (4) |
No
Program shall advertise in any manner that is false or misleading. No Program
advertisement shall make any false or misleading claim, including but not
limited to, statements suggesting or implying that the Program is affiliated
with or endorsed by the Department or any other governmental entity, that
reinstatement of a driver's license is guaranteed to Students or Offenders
enrolling in a particular Program, or that free or reduced fees will be given
to any Student or Offender; |
| (5) |
No
Program shall use the logo of the Department, any logo or symbol of any other
governmental entity, or the seal of the State of Georgia in any advertising or
on any Program stationary or correspondence; and |
| (6) |
No Program Owner, Director, Instructor,
employee, or agent shall directly or indirectly solicit business by personal
solicitation on public property, by phone or by mail. |
| (7) |
Violations of this regulationmay result
in the Revocation of Program Certification. Additionally, the Department may
impose civil penalties and/or pursue criminal charges. |
| (1) |
Fees charged to
Students by Programs for any Program component shall be in strict accordance
with O.C.G.A. § 40-5-83(e). |
| (2) |
An additional fee shall be set by the
Department for required Student Program materials. This fee shall be charged by
each Program and is not optional, unless specifically exempted by
law. |
| (3) |
No Program Owner,
Director, Instructor, employee, volunteer, agent, or representative may offer
any Program component free of charge or charge a reduced or inflated fee for
any Program component or required Student Program materials. |
| (4) |
Fees for the Assessment Component shall
be paid prior to administering the Assessment Component; and fees for the
Intervention Component shall be paid prior to the scheduled class beginning
time. |
| (5) |
No Program Owner,
Director, Instructor, employee, volunteer, agent, or representative shall
withhold, or allow the withholding of a certificate of completion from any
Student who successfully completes all Program requirements because of
non-payment of course fees. |
Each Program shall remit the statutorily required portion of
the assessment fees to the Department, in the manner prescribed by the
Department, as required by law.
| (1) |
The Department is authorized to inspect,
monitor, and investigate Programs to determine compliance with the Rules and
Regulations of the Department. |
| (2) |
Program Owners, Directors, Instructors, staff, employees, representatives, and
any agents thereof, shall cooperate with any inspection or investigation by the
Department and shall provide, without delay, any information reasonably
requested by the Department. |
| (3) |
Programs shall be notified of deficiencies in writing and advised of the target
deadline for remediation thereof. |
| (1) |
The Department shall have the authority
to deny, cancel, suspend, or revoke the Certification of any Program or Program
Owner, Director, or Instructor for noncompliance with the Rules and Regulations
of the Department; or assess administrative fines against any Program for
noncompliance with the Rules and Regulations of the Department. |
| (2) |
Choice of Revocation or Suspension.
The Department, in its discretion, may choose whether to impose
Suspension or Revocation against a Program or Instructor. In considering which
to impose, the Department may consider the Program or Program Owner, Director,
or Instructor's history of compliance; the seriousness of the violations;
whether the Program or Program Owner, Director, or Instructor voluntarily
reported to the Department problems giving rise to any violation; and whether
the Program or Program Owner, Director, or Instructor exhibited good faith
efforts to correct areas of noncompliance prior or subsequent to their
discovery by the Department. |
| (3) |
Administrative fines. The Department has the authority to assess
an administrative fine, not to exceed $1,000.00 per violation, against any
Program or Program Owner, Director, or Instructor that fails to comply with any
Program requirement. In determining the amount of the fine, the Department may
consider the seriousness of the violation, whether the same or any other Rule
or Regulation has been violated previously by the same Program or Program
Owner, Director, or Instructor, and whether procedures designated to prevent
the violation were in place and were followed. |
| (4) |
Effectuation of Suspension or
Revocation. Any Program whose Certification is canceled, suspended, or
revoked by the Department shallreturn its Certification and unused certificates
of completion to the Department within five (5) business immediately following
such event. |
In the event the Department is unable to obtain classifiable
electronically recorded fingerprints from an applicant for reasons that are
beyond the applicant's control, the Department may conduct a background
investigation of such applicant utilizing the CJIS Name Search procedures
authorized by the Federal Bureau of Investigations and the Georgia Bureau of
Investigations.
| (1) |
If at the time of application the
applicant is charged with any offense that a conviction for which would result
in said applicant's ineligibility for certification, consideration of the
application shall be suspended until entry of a plea or verdict or dismissal of
said charge. |
| (2) |
If after the
issuance of a permit a person is charged any offense that a conviction for
which would result in said applicant's ineligibility for certification, the
permit may be suspended pending disposition of such charge. If the person is
convicted of such charge, the permit shall be revoked. |
| (1) |
The following items are prohibited from
being advertised or offered by an owner, agent, representative, instructor, or
employee to any student or prospective student: legal tender, meals including
beverages, gift cards, transportation, products or services for free or at a
discounted price, or anything of monetary value not deemed to be a customer
service exclusion. Customer service exclusions are limited to ink pens,
pencils, water, coffee, candy, and Wi-Fi (wireless internet
connection). |
| (2) |
A first violation
shall result in an administrative fine of $300. A second or subsequent
violation shall result in a 30-day suspension. A violation of 40-5-81(d) is a
crime punishable as a misdemeanor. Each person convicted of a second offense
shall have his or her certification revoked. |
