reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.13 - Meetings

Current through Rules and Regulations filed through June 27, 2024
The council will meet each quarter or at such times and places
				as necessary and convenient, or at the call of the chair or written request of
				three members.
O.C.G.A. Sec.
				  42-8-101.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.14 - Committees

Current through Rules and Regulations filed through June 27, 2024
The council may appoint committees as
				necessary.
O.C.G.A. Sec.
				  42-8-101.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.15 - Council Powers and Duties

Current through Rules and Regulations filed through June 27, 2024
The council has the following powers and duties:
(a) Promulgate rules and regulations for the
			 administration of the council, including rules of procedure for its internal
			 management and control;
(b) Review
			 the uniform professional standards and uniform contract standards for probation
			 officers and uniform contract standards for probation contracts and submit a
			 report with its recommendations to the General Assembly;
(c) Promulgate rules and regulations to
			 implement those uniform professional standards for probation officers employed
			 by a governing authority of a county, municipality, or consolidated government
			 that has established probation services and uniform agreement standards for the
			 establishment of probation services by a county, municipality, or consolidated
			 government;
(d) Establish 40 hours
			 of orientation for new probation officers and 20 hours of annual continuing
			 education, provided that the 40 hour initial orientation shall not be required
			 of any person who has successfully completed a probation or parole officer
			 basic course of training certified by the Georgia Peace Officer Standards and
			 Training Council or any probation officer who has been employed by a county,
			 municipality, or consolidated government as of March 1, 2006;
(e) Promulgate rules and regulations relative
			 to compliance and enforcement mechanisms that may include, but are not limited
			 to, the imposition of sanctions and fines and the voiding of contracts or
			 agreements;
(f) Promulgate rules
			 and regulations for the registration of any private corporation, private
			 enterprise, private agency, or county, municipality, or consolidated government
			 providing misdemeanor probation services;
(g) Produce an annual summary report;
			 and
(h) Promulgate rules and
			 regulations requiring criminal records checks of all probation officers
			 employed by a probation entity.
O.C.G.A. Sec.
				  42-8-101.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.16 - Reviews and Reports to the General Assembly

Current through Rules and Regulations filed through June 27, 2024
The council will review all uniform professional standards and
				uniform contract and agreement standards and submit annual reports and make
				recommendations to the General Assembly.
O.C.G.A. Secs.
				  42-8-101,  42-8-102.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.17 - Confidentiality

Current through Rules and Regulations filed through June 27, 2024
Reports, files, records, and papers relative to the supervision
				of probationers are given the following treatment:
(a) All reports, papers, records, and files
			 relative to the supervision of probationers by a private corporation, private
			 enterprise, private agency, or by a county, municipality, or consolidated
			 government providing probation services, are confidential and available only to
			 the affected county, municipality, consolidated government, the court, the
			 Department of Audits and Accounts, appropriate law enforcement agencies acting
			 within the normal course of business, the council, and the
			 probationer.
(b) In the event of a
			 transfer of the supervision of a probationer from a private corporation,
			 private enterprise, or private agency, or county, municipality, or consolidated
			 government providing probation services to the Department of Corrections, the
			 Department of Corrections shall have access to relevant reports, files,
			 records, and papers of the transferring entity.
(c) All reports, files, records, and papers
			 of whatever kind relative to the supervision of probationers by private
			 corporations, private enterprises, or private agencies, or by a county,
			 municipality, or consolidated government providing probation services, shall
			 not be subject to process of subpoena.
(d) Periodically, the council may prepare and
			 distribute aggregate, statewide information regarding the status of probation
			 activities.
O.C.G.A. Secs.
				  42-8-101,  42-8-106.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.19 - Exclusions

Current through Rules and Regulations filed through June 27, 2024
(a) The following persons may not own,
			 operate, direct, or serve as an employee or agent of a probation entity:
1. Any employee of the council, or any spouse
			 thereof;
2. Any person for whom
			 owning, operating, directing or serving as an employee or agent would pose an
			 actual, potential, or apparent conflict of interest due to the existence of a
			 fiduciary, business or personal relationship with any probationer or due to the
			 existence of any other relationship that would place the owner, operator,
			 employee or agent in a position to exert undue influence, exploit, take undue
			 advantage of or breach the confidentiality of any probationer. Further, no
			 judge, public probation officer or employee, employee of a court in this state,
			 or any spouse thereof, to the extent services are to be provided within the
			 same jurisdiction served by the judge, public probation officer, or court
			 employee may own, operate, direct or serve as an employee or agent of a private
			 probation entity;
3. Any person who
			 has been convicted of a felony offense; or
4. Any person convicted of a domestic
			 violence offense.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.20 - Probation Entity Employee Standards

Current through Rules and Regulations filed through June 27, 2024
Any employee, agent or volunteer who provides any service to
				offenders or has access to probation entity records, or who has telephone or
				face-to-face contact with offenders under Georgia supervision, or access to
				offender data, must meet the following requirements:
(a) Be at least 18 years of age;
(b) Sign a confidentiality statement agreeing
			 to hold the records of the probation entity confidential, to be maintained in
			 employee personnel files;
(c) Sign
			 a statement cosigned by the probation entity director or his/her designee that
			 the employee has received an orientation on these rules as well as operations
			 guidelines relevant to that employee's job duties which shall be maintained in
			 employee personnel files;
(d)
			 Complete a criminal background check.
1. No
			 person shall be employed who has been convicted of sufficient misdemeanors to
			 establish a pattern of disregard for the law. Violations of misdemeanors when
			 the employee has received a pardon shall not be considered.
2. No person shall be employed who has been
			 convicted of or pled guilty or nolo contendere to any misdemeanor involving
			 moral turpitude within 5 years preceding the date of employment.
3. No person shall be hired with an
			 outstanding warrant for their arrest.
4. No person shall be hired with a pending
			 charge in the following areas: felony, domestic violence, or misdemeanor
			 involving moral turpitude.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.21 - Probation Officer Standards

Current through Rules and Regulations filed through June 27, 2024
The standards for any person employed as a probation officer
				with a probation entity are:
(a) At
			 least 21 years of age at the time of appointment;
(b) Completed a standard two-year college
			 course of study or 90 quarter hours or 60 semester hours from an accredited
			 institution or have four years of law enforcement experience as acertified
			 peace officer or jurisdictional equivalent, at the time of appointment; any
			 private probation officer who was employed as of July 1, 1996 and who had at
			 least six months of experience as a private probation officer, or any person
			 employed as a probation officer by a county, municipality, or consolidated
			 government as of March 1, 2006, shall be exempt from such college requirements.
			 Documentation of education, law enforcement experience, and POST certification
			 shall be maintained in the employees personnel files;
(c) Complete a 40-hour initial orientation
			 program within six months of appointment, where required by law, and 20-hour
			 annual in-service continuing education training program, consisting of a
			 curriculum approved by the council; and
(d) Complete a criminal background check.
1. Under no circumstances shall any person
			 convicted of a felony be employed as a probation officer, use the title
			 probation officer or otherwise be responsible for the supervision of
			 probationers.
2. No person shall be
			 employed who has been convicted of sufficient misdemeanors to establish a
			 pattern of disregard for the law, provided that, for purposes of this
			 paragraph, violations of traffic law and other offenses involving the operation
			 of motor vehicles when the employee has received a pardon shall not be
			 considered.
3. No person shall be
			 employed who has been convicted of or pled guilty or nolo contendere to any
			 misdemeanor involving moral turpitude within 5 years preceding the date of
			 employment.
4. No person shall be
			 hired with an outstanding warrant for their arrest.
5. No person shall be hired with a pending
			 charge in the following areas: felony, domestic violence, or misdemeanor
			 involving moral turpitude.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.22 - Qualifications of Owners, Directors, and Agents

Current through Rules and Regulations filed through June 27, 2024
To be approved to operate a probation entity and continuously
				thereafter, owners, directors and/or agents must have the qualifications set
				forth below. These qualifications must be demonstrated at the time of
				registration application and at any other time reasonably requested by the
				council.
(a) Initial qualifications.
			 Upon application for registration approval to operate a probation entity, the
			 application must include at least one employed person who is responsible for
			 the direct supervision of probation officers. This supervisor shall have a
			 minimum of five years experience in corrections, parole or probation services;
			 provided however, that the five-year experience requirement shall not apply to
			 any such probation supervisor employed by a county, municipality or
			 consolidated government which was engaged in the provision of probation
			 services on April 15, 2006.
(a)
			 Clear criminal record.
1. No owner, operator,
			 director or agent may have been convicted of or pled guilty or nolo contendere
			 to any crime which constitutes a felony in this or any other state unless a
			 pardon has been obtained.
2. No
			 person shall be employed who has been convicted of sufficient misdemeanors to
			 establish a pattern of disregard for the law. Violations of misdemeanors when
			 the employee has received a pardon shall not be considered.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.23 - General Probation Entity Responsibilities

Current through Rules and Regulations filed through June 27, 2024
In addition to meeting all other probation entity requirements,
				every owner, operator, director or agent is responsible for the
				following:
(a) Entering into a written
			 contract or agreement with each court for services provided;
(b) Providing services for the supervision,
			 counseling and collection of court-ordered fines of probationers assigned to
			 the probation entity by the court;
(c) The actions of all employees and agents
			 carried out within the scope of employment, whether they are characterized as
			 employees, agents or independent contractors;
(d) Training all employees who have contact
			 with offenders to provide accurate information regarding their probation case
			 and to maintain confidentiality;
(e) Maintaining an employee folder for every
			 employee containing the job application, signed statements required by these
			 rules, training records, law enforcement experience, POST certification,
			 documentation of education, and criminal history record check
			 information;
(f) Prohibit the
			 solicitation of offenders for insurance, legal services, bail bonds, specific
			 clinical evaluations or treatment providers, or any other product or
			 service;
(g) Ensuring the quality
			 of case management and execution of all court orders in a professional manner;
			 and
(h) Complete accountability to
			 the court in reporting the status of probation cases assigned to the probation
			 entity for supervision.
O.C.G.A. Secs.
				  42-8-101,  42-8-107.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.24 - Registration

Current through Rules and Regulations filed through June 27, 2024
All probation entities engaged in probation services shall
				initially submit a registration application and be approved by the council and
				re-register as often as necessary to maintain current, up-to-date information
				with the council. Registration application shall be approved prior to engaging
				in or providing services to a court and shall be made utilizing forms and in
				such detail as the council may require. Failure or refusal to register or
				re-register shall subject the probation entity to sanctions or fines based upon
				individual circumstances
O.C.G.A. Secs.
				  42-8-101,  42-8-107.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.25 - Probation Entity Registration and Approval Requirements

Current through Rules and Regulations filed through June 27, 2024
No probation entity may operate without first registering and
				being approved by the council as set forth herein.
(a) Registration application. All
			 registration applications must be submitted upon forms approved by the council,
			 following a procedure outlined by the council. The application must include all
			 information and documents designated by the council and must be truthful,
			 accurate, and complete.
1. Initial approval.
			 After receipt of a completed registration application evidencing that all
			 owners, in the case of private probation entities, and the designated director
			 have the qualifications set forth in rule
			  503-1-.22  and that other
			 probation entity requirements are met, the council shall approve the probation
			 entity. The council shall respond within 45 days with approval of registration
			 or deficiency statement.
2. Ongoing
			 approval. Once initially approved, a probation entity will remain approved as
			 long as it remains in compliance with requirements. The council may require
			 that certain documents and information be submitted on a periodic basis to
			 verify continuing compliance with requirements. Such documents shall include,
			 but not be limited to, financial records as they pertain to the assessment,
			 collection, and disbursement of court-ordered monies, employee training records
			 and criminal history record information.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.26 - Probation Entity Employee Criminal Background Record Check

Current through Rules and Regulations filed through June 27, 2024
Required. All owners, operators, directors, agents or employees
				of a probation entity, who provide services to offenders, or have access to
				probation entity records, or who have face-to-face contact with offenders under
				Georgia supervision, or who have access to offender data will have a criminal
				background check completed by the Administrative Office of the Courts in
				accordance with OCGA §
								35-3-34 and  Council policy. The
				Council may also complete criminal records checks during employment as often as
				deemed necessary by the Council. The Administrative Office of the Courts shall
				report to the probation entity the names and results of the criminal background
				checks for all individuals. If necessary, the Administrative Office of the
				Courts shall report the results of the criminal background check of the
				individual to the council for any needed action.
a. Providers are responsible for
			 fingerprinting new employees through GAPS within 10 days of hire.
O.C.G.A. §
									42-8-101(e)(9).
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.27 - Training and Staff Development

Current through Rules and Regulations filed through June 27, 2024
The primary objective of the council's training curriculum is
				to insure that administrative employees, probation officers, and operators,
				receive sufficient training to enable them to provide probation services that
				are professional, competent and efficient. The curriculum consists of forty
				hours of initial training and twenty hours of annual in-service training
(a) Initial Orientation Training.
1.
Private probation entities.
All private probation entities providing probation services will provide
			 40 hours of initial orientation training to all private probation officers who
			 were:
(1) initially employed after January 1,
			 1996, or
(2) employed for less
			 than six months as of July 1, 1996. Private probation officers with evidence of
			 satisfactorily completing a probation or parole officer basic course of
			 training certified by the Georgia Peace Officer Standards and Training Council
			 are exempt from the 40-hour initial orientation training requirement. Initial
			 training of new probation officers shall be completed within the first six
			 months of employment.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.28 - Probation Entity Reports

Current through Rules and Regulations filed through June 27, 2024
All probation entities shall provide the judge and the council
				with a quarterly probation entity activity report in such detail as the judge
				and council may require.
(a) Probation
			 entity quarterly activity reports shall be submitted within 30 days after the
			 close of each calendar quarter and shall be made utilizing forms approved by
			 the council.
(1) Graduated sanctions for
			 failure to submit quarterly reports 1, 2, 3, or 4 times within any 24 month
			 period. The 1st offense results in a notice of delinquency.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.29 - Probation Entity Records

Current through Rules and Regulations filed through June 27, 2024
(a) Confidentiality.
			 All records must be maintained in accordance with the confidentiality
			 provisions of rule
			  503-1-.17.
(b) Required records. Each probation entity
			 must maintain the following records for a period of two years and records must
			 be available and accessible for inspection by the affected county,
			 municipality, consolidated government, the court, the Department of Audits and
			 Accounts or the council upon request:
1. All
			 written contracts or agreements for probation services;
2. All court orders for all probationers
			 assigned to the entity for supervision;
3. All accounting ledgers and related
			 documents;
4. All payment receipts
			 issued to probationers for all funds received;
5. All probation case history and management
			 reports and documents;
6. All other
			 documents pertaining to the case management of each probationer assigned to the
			 entity for supervision;
7. The
			 probation entity application for registration and supporting documents
			 submitted to the council; and
8.
			 The registration approval issued to the probation entity by the
			 council.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.30 - Probation Entity Fees

Current through Rules and Regulations filed through June 27, 2024
No probation entity shall assess, collect, or disburse any
				funds as it pertains to the collection of court-ordered monies, except by
				written order of the court or as required by State law.
(a) A current schedule of all probation fees
			 must be filed by the probation entity.
(b) No probation entity, owner, director,
			 agent, or employee may offer any program service or component for an additional
			 fee unless the fee charge has been ordered by the court or as required by State
			 law.
O.C.G.A. Sec.
				  42-8-101.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.31 - Collection and Disbursement of Funds by Probation Entities

Current through Rules and Regulations filed through June 27, 2024
No owner, operator, director, agent or employee shall collect
				or disburse any funds as it pertains to OCGA §
								42-8-100, except by written or
				oral order of the court or as required by State law. It shall be the duty of
				the probation entity to collect and disburse funds and faithfully keep the
				records of accounts as required by the court, council, or State
				law.
O.C.G.A. Sec.
				  42-8-101.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.32 - Transfer of Probation Supervision Within Georgia and Without

Current through Rules and Regulations filed through June 27, 2024
Probation case supervision may be transferred from one
				probation entity to another, within this state, with the approval of the court
				of original jurisdiction
(a) The
			 Sending Probation Entity. The sending probation entity will be responsible for
			 contacting the receiving probation entity and determining if the transfer is
			 feasible. The sending probation entity shall provide the court of original
			 jurisdiction with necessary information for consideration of the
			 transfer.
(b) Approval of the
			 Transfer. Upon approval of the transfer, the sending entity will instruct the
			 probationer in writing as to where and when to report to the receiving entity
			 and will forward a case management package to the receiving entity. The package
			 should include: a copy of the sentence, a copy of all case history information,
			 a statement of financial obligations and collections to date.
(c) Transfer of Cases Involving Financial
			 Collections. When a case is transferred from one probation entity to another,
			 the sending entity remains responsible for the collection of all original
			 fines, fees and surcharges, with the exception of monthly probation supervision
			 fees.
1. Monthly probation fees collected and
			 retained by the sending entity shall not exceed an amount equal to the number
			 of months that the probationer was actually supervised. As of the date of
			 transfer, monthly probation supervision fees shall be collected and retained by
			 the receiving probation entity.
2.
			 The sending probation entity will remain responsible for the collection of all
			 other financial obligations and is responsible for instructing the probationer
			 regarding forwarding scheduled financial payments back to the original
			 probation entity.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.33 - Notification of Probation Entity Sales, Mergers, or Acquisitions

Current through Rules and Regulations filed through June 27, 2024
In the event a probation entity becomes associated with another
				corporation, enterprise or agency, or becomes consolidated with another
				government, whether through acquisition, merger, sale or any other such
				transaction, that probation entity shall inform the County and Municipal
				Probation Advisory Council of such change within 30 days after the effective
				date of the transaction. The written notice shall include the names, addresses
				and telephone numbers of all primary parties, the effective date of the merger
				or sale or consolidation, and the nature of the business relationship of the
				new probation entity. A violation of any provision contained in the applicable
				statute may result in a breach of contract for all probation services
				rendered
O.C.G.A. Sec.
				  42-8-101.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.34 - Probation Entity Name, Location and Telephone Number

Current through Rules and Regulations filed through June 27, 2024
(a)
			 No probation entity may use any name like, or deceptively similar to, a name
			 used by any other probation entity in this state. No probation entity may use
			 the word "state" in any part of its name as to suggest that it is owned,
			 operated, or endorsed by the State of Georgia.
(b) Change of location. The owner, director
			 or agent must immediately notify the council in writing of any change in the
			 location of the primary entity location or address.
(c) Change of telephone number. The owner,
			 director or agent must notify the council of any change in the entity's
			 telephone number.
O.C.G.A. Sec.
				  42-8-38.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.35 - Probation Entity Advertising and Solicitation

Current through Rules and Regulations filed through June 27, 2024
Any probation entity that solicits business must meet the
				following requirements:
(a) Except as
			 provided in subparagraph (b) below, a probation entity must be currently
			 registered with the council in order to advertise in any manner and any
			 advertisement must contain the full name of the probation entity;
(b) All probation entity telephone directory
			 listings in both white and yellow pages must be listed with the probation
			 entity registered name;
(c) No
			 probation entity may advertise in any manner that is false or misleading, nor
			 may any advertisement make any false or misleading claim;
(d) No probation entity may use the logo or
			 the seal of the State of Georgia in any advertising or on any probation entity
			 stationery or correspondence.
O.C.G.A. Secs.
				  42-8-38,  42-8-101.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.36 - Inspections, Investgations, and Probation Entity Monitoring

Current through Rules and Regulations filed through June 27, 2024
The council or its designated representative(s) are authorized
				and empowered to conduct inspections and investigations of probation entities
				to determine and monitor compliance with requirements.
(a) Inspections. The council or its
			 designated representative(s) are authorized and empowered to conduct periodic
			 inspections at any time during the established operating hours of such
			 probation entity in order to assess compliance with requirements.
(b) Investigations. The council or its
			 designated representative(s) are authorized and empowered to conduct
			 investigations to determine whether any probation entity requirements have
			 been, or are being violated by any probation entity. Such investigations may be
			 conducted at any site, location, or place, may be initiated any time during
			 operating or other reasonable hours, may continue during a pending
			 administrative action initiated by the council, and may involve any person who
			 may have information related to an alleged or suspected violation by a
			 probation entity. Investigations may be initiated by the council, at its
			 discretion, when it suspects actual or potential noncompliance with
			 requirements on the part of a probation entity, or when any person alleges
			 facts which, if true, likely would constitute a violation of requirements.
1. Consent to entry and access. A
			 registration application or the approval by the council constitutes consent by
			 the registration applicant and the owner of the premises for the council's
			 representatives to enter the premises for the purpose of conducting an
			 inspection, investigation, or monitoring.
2. Council representatives must be allowed
			 immediate entrance and meaningful access to the probation entity premises and
			 to sources of information determined by the council to be pertinent to making a
			 full compliance determination. This information includes, but is not
			 necessarily limited to: all staff, all parts of the premises, offender records
			 related to the initial or continued registration approval of a probation
			 entity.
3. The council additionally
			 shall have the authority to require the probation entity to provide any
			 relevant documents including originals where available or photocopies or
			 portions thereof. This authority extends to documents to which confidentiality
			 or privilege otherwise would attach; however any claim of confidentiality or
			 privilege will be preserved and will not be considered to have been waived as a
			 result of the council's access.
4.
			 Cooperation with inspection. Probation entity staff, employees,
			 representatives, and any agents thereof, must cooperate with any inspection or
			 investigation by the council and must provide, without delay, any information
			 reasonably requested by council representatives.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.38 - Appeals of Sanctions Imposed by the Council

Current through Rules and Regulations filed through June 27, 2024
(a) Any
			 probation entity upon which the council has imposed any sanction set forth in
			  503-1-.37  of these rules may
			 appeal that decision by submitting a request for a hearing to the council
			 within fifteen (15) calendar days from the date of service of any notice of
			 sanction by the council.
1. A request for a
			 hearing is defined as a clear written expression by the affected probation
			 entity or authorized representative on its behalf to the effect that it wants
			 the opportunity to contest its case. The format of a request for hearing shall
			 consist of two parts:
(i) Part One shall
			 identify each point of appeal asserted. For each point of appeal asserted,
			 there shall also be a short, concise statement showing why the probation entity
			 should be granted relief on that point;
(ii) Part Two shall contain the remainder of
			 the probation entity's argument on appeal.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.39 - Severability

Current through Rules and Regulations filed through June 27, 2024
In the event that any rule, sentence, clause or phrase of any
				of these rules and regulations may be construed by any court of competent
				jurisdiction to be invalid, illegal, unconstitutional, or otherwise
				unenforceable, such determination or adjudication shall in no manner affect the
				remaining rules or portions thereof. The remaining rules or portions thereof
				shall remain in full force and effect, as if such rule or portions thereof so
				determined, declared, or adjudicated invalid or unconstitutional were not
				originally a part of these rules.
O.C.G.A. Secs.
				  42-8-101,  50-13-18.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.40 - 2011 Immigration Act

Current through Rules and Regulations filed through June 27, 2024
All providers must comply with the 2011 Immigration Act. For
				future registration renewalsall directors shall submit the lawful presence
				affidavit.
O.C.G.A. §
									50-36-1.
Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.41 - Confidentiality of Complaints

Current through Rules and Regulations filed through June 27, 2024
The "Complaint Form" shall not be considered an initial
				incident report. The complaint form shall remain confidential until the
				investigation of the complaint is completed. When the provider is charged with
				a violation by the Council he/she has a right to view the complaint.
Once a possible violation of rule or law has been identified by
				council/staff the council/staff shall open an investigation and notify the
				entity/agent/etc. of the investigation against that entity in writing. A copy
				of the complaint or summary of the complaint shall be sent to the entity/agent.
				Identifying information of complainants may be redacted. Staff shall summarize
				the allegations, investigative findings, and alleged violations of rule or law
				in a case summary. A courtesy copy of the case summary shall be forwarded to
				the attorney general's office prior to conducting a pre-hearing conference. A
				copy of the case summary shall also be delivered to the affected
				entity.
O.C.G.A. §
									42-8-101.
Compilation of Rules and Regulations of the State of Georgia › Department 505 - PROFESSIONAL STANDARDS COMMISSION › Chapter 505-1 - RULES OF GENERAL APPLICABILITY › Rule 505-1-.01 - Organization

Current through Rules and Regulations filed through June 27,
			 2024
(1) Purpose. The
			 Professional Standards Commission is responsible for creating and implementing
			 standards and procedures for the certification of educational personnel and the
			 approval of teacher education programs.
(2) There are four major staff functions
			 within the Professional Standards Commission; Certification, Teacher Education,
			 Research and Assessment, and technology Services.
(3) The mailing address of the Professional
			 Standards Commission is 1454 Twin Towers East, Atlanta, Georgia
			 30334.
(4) All legal notices and
			 all notices and correspondence regarding administrative matters should be
			 directed to the offices of the Professional Standards Commission.
Ga. Code Ann. 1981. Sec.
				20-2-989.01, enacted by Ga. L. 1991, p. 1546,
				Sec.1.
Compilation of Rules and Regulations of the State of Georgia › Department 505 - PROFESSIONAL STANDARDS COMMISSION › Chapter 505-1 - RULES OF GENERAL APPLICABILITY › Rule 505-1-.02 - General Definitions

Current through Rules and Regulations
			 filed through June 27, 2024
The following definitions shall apply generally to all rules
				and regulations of the Professional Standards Commission.
(a) "Commission" shall mean the Professional
			 Standards Commission, consisting of eighteen (18) members appointed by the
			 governor.
(b) "Denial" of a
			 certificate shall mean a decision by the commission not to issue a certificate
			 to an applicant either for failure to meet the qualifications required by the
			 commission or for any of the grounds for which a certificate may be revoked or
			 suspended.
(c) "Exception" shall
			 mean a timely and formal objection or reservation to the report of the hearing
			 tribunal of the Professional Practices Commission in matters regarding
			 certificate suspension, revocation, or denial, or the issuance of a reprimand
			 against the holder of a certificate.
(d) "Executive Secretary" shall mean the
			 person appointed by the Professional Standards Commission to serve as the
			 secretary and executive officer of the commission.
(e) "Hearing Officer" shall mean a duly
			 qualified person designated by the executive secretary or the commission who
			 shall be employed or appointed by the commission for purpose as needed and
			 shall be authorized to exercise such powers as are given such persons by
			 statute or rule.
(f) "Professional
			 Practices Commission" or "PPC" shall mean the statutory body of seventeen (17)
			 members which operates under state laws and rules governing standards of
			 professional conduct. The PPC has authority to close investigations when the
			 evidence does not support the charges, or to recommend to the Professional
			 Standards Commission certificate suspension, revocation, or denial, or the
			 issuance of a reprimand when the evidence does support the charges.
(g) "Reprimand" shall mean a decision by the
			 commission to issue a written warning or reprimand against the holder of a
			 certificate.
(h) "Revocation" of a
			 certificate shall mean a decision by the commission to terminate a
			 certificate.
(i) "Suspension" of a
			 certificate shall mean a decision by the commission to temporarily withdraw
			 certification. Suspension shall disqualify an individual from using a
			 certificate.
Ga. Code Ann. 1981. Sec.
				20-2-989.01, enacted by Ga.L. 1991, p. 1546, Sec. 1 and Sec.
				20-2-796(a).
Compilation of Rules and Regulations of the State of Georgia › Department 505 - PROFESSIONAL STANDARDS COMMISSION › Chapter 505-1 - RULES OF GENERAL APPLICABILITY › Rule 505-1-.03 - Suspension of Rules

Current through Rules and Regulations filed
			 through June 27, 2024
The Professional Standards Commission recognizes the need to
				exercise reasonable judgement in the administration of the rules of the
				commission. A rule or requirement may be waived upon finding that unique
				circumstances warrant such action.
(a)
			 Any individual and/or local unit of administration and/or teacher education
			 institution seeking relief from a commission rule or requirement shall file a
			 request in writing with the executive secretary of the commission. As a
			 minimum, the request shall specify the rule or requirement in question and the
			 rationale for the request.
(b) The
			 executive secretary shall be authorized to act on behalf of the commission in
			 the consideration and appropriate dispensation of such requests. The executive
			 secretary shall make a timely report to the commission concerning action taken
			 to suspend a commission rule or requirement.
1. If an individual's request has an impact
			 upon a local unit of administration and/or a teacher education institution, the
			 individual shall send a copy of the request to the executive officer of the
			 local unit of administration or the head of the professional education unit.
			 The local unit of administration and/or the institution shall be allowed the
			 opportunity to send a statement to the commission setting forth its position
			 with request to the request.
2. The
			 executive secretary may request additional written documentation from the
			 individual and/or the educational entity requesting the waiver.
Compilation of Rules and Regulations of the State of Georgia › Department 505 - PROFESSIONAL STANDARDS COMMISSION › Chapter 505-1 - RULES OF GENERAL APPLICABILITY › Rule 505-1-.04 - Reserved

Current through Rules and Regulations filed through June 27,
			 2024
O.C.G.A. Secs.
				20-2-989.01,
				20-2-1160,
				43-1-14,
				50-13-41.
Compilation of Rules and Regulations of the State of Georgia › Department 505 - PROFESSIONAL STANDARDS COMMISSION › Chapter 505-1 - RULES OF GENERAL APPLICABILITY › Rule 505-1-.05 - Public Information

Current through Rules and Regulations
			 filed through June 27, 2024
(1) Requests for information concerning the
			 files or documents of the Professional Standards Commission shall be pursuant
			 to the requirements of the Georgia Open Records Act (O.C.G.A.
			 50-18-70). Requests for copies of
			 records that are routinely subject to public inspection may be charged a
			 uniform copying/mailing fee of $.25 per page. Should the information request
			 involve an unusual administrative cost or burden for commission staff, a
			 reasonable additional charge for search and retrieval and other direct
			 administrative costs also may be assessed.
(2) Requests must be made in writing to the
			 Executive Secretary of the Professional Standards Commission and must contain
			 the name and address of the person requesting the documents and a description
			 of the documents requested.
O.C.G.A. Secs. 50-13-70,
				50-14-1,
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 505 - PROFESSIONAL STANDARDS COMMISSION › Chapter 505-1 - RULES OF GENERAL APPLICABILITY › Rule 505-1-.06 - Petition for a Declaratory Ruling

Current through Rules and
			 Regulations filed through June 27, 2024
(1) Any petition for a declaratory ruling as
			 to the applicability of any statutory provision or any rule or order of the
			 agency shall be in writing to the Executive Secretary of the Professional
			 Standards Commission and shall contain the following:
(a) name and address of the person making the
			 request;
(b) applicable rule(s),
			 order(s), and/or statute(s);
(c)
			 proposed interpretation/application of the rule(s), order(s), and/ or
			 statute(s);
(d) rationale for the
			 proposed interpretation/application.
Compilation of Rules and Regulations of the State of Georgia › Department 505 - PROFESSIONAL STANDARDS COMMISSION › Chapter 505-1 - RULES OF GENERAL APPLICABILITY › Rule 505-1-.07 - Petition for Promulgation, Amendment, or Repeal of Rule

Current
			 through Rules and Regulations filed through June 27, 2024
(1) Any petition for the promulgation,
			 amendment, or repeal of any rule of the agency shall be in writing to the
			 Executive Secretary of the Professional Standards Commission and shall contain
			 the following:
(a) name and address of the
			 person making the request;
(b)
			 applicable rule(s);
(c) nature of
			 the request;
(d) rationale for the
			 proposed change.
Compilation of Rules and Regulations of the State of Georgia › Department 505 - PROFESSIONAL STANDARDS COMMISSION › Chapter 505-2 - CERTIFICATION › Rule 505-2-.01 - Georgia Educator Certification

Current through Rules and
			 Regulations filed through June 27, 2024
(1)
Summary:
State certification
			 terminology and requirements vary widely between states and are often confusing
			 to many applicants. Some states use the term "licensure" while others use
			 "certification." The same title, such as "provisional," may be used in a number
			 of states, but with different definitions and requirements. Many applicants
			 assume that "reciprocity" means an automatic "even trade" for an out-of-state
			 certificate, but that is rarely the case. Georgia reciprocity applies to
			 initial certification. Once an educator holds certification in Georgia, the
			 educator must meet Georgia requirements to add a field, upgrade the level and
			 maintain certification. The certification system used in the State of Georgia
			 is the responsibility of the Georgia Professional Standards Commission (GaPSC)
			 and published on the GaPSC web site at
https://www.gapsc.com/Commission/Rules/home.aspx
.
(2)
Definitions.
(a) Georgia Educator:
1. A Georgia educator for certification
			 purposes is any individual currently or previously employed by a Georgia local
			 unit of administration (LUA) while holding a certificate issued by the
			 GaPSC.
Compilation of Rules and Regulations of the State of Georgia › Department 505 - PROFESSIONAL STANDARDS COMMISSION › Chapter 505-2 - CERTIFICATION › Rule 505-2-.02 - Classification

Current through Rules and Regulations filed through
			 June 27, 2024
(1)
Summary:
Certification is classified according to category, title,
			 type, field and level. The Georgia Professional Standards Commission (GaPSC)
			 has authorized the issuance of certificates under the following classification
			 system:
Click here to
				view image
(2)
Categories.
Certificates are grouped under two (2) major
			 categories based upon requirements needed for continued certification. The
			 categories are: Renewable and Non-Renewable.
(a) Renewable certificate validity varies by
			 title and type. During the validity period, the educator must satisfy renewal
			 requirements outlined in GaPSC Rule
			 505-2-.36 RENEWAL REQUIREMENTS and/or
			 any additional requirements outlined in the rule appropriate to the certificate
			 title and type.
(b) Non-Renewable
			 certificates are valid from one (1) to five (5) years, depending on the title
			 and outstanding requirements for certification.
Compilation of Rules and Regulations of the State of Georgia › Department 505 - PROFESSIONAL STANDARDS COMMISSION › Chapter 505-2 - CERTIFICATION › Rule 505-2-.03 - Pre-Service Teaching Certificate

Current through Rules and Regulations filed through
			 June 27, 2024
(1)
Summary.
The Pre-Service teaching certificate is part of Georgia's
			 tiered teacher certification system and provides a statewide structure to
			 organize procedures related to pre-service teachers once admitted to certain
			 state-approved educator preparation programs. Such procedures are designed to:
(a) Assure the safety of school
			 children.
(b) Provide opportunities
			 for pre-service teachers to practice/demonstrate knowledge and
			 skills.
(c) Standardize the
			 criminal background check process across the state for pre-service teachers,
			 eliminating those who are not eligible or suited to the profession.
(d) Assist pre-service educators in
			 understanding the Georgia Code of Ethics for Educators and hold them
			 accountable under the Code.
(e)
			 Require attainment of the Pre-Service certificate for anyone participating in
			 field experiences and student teaching in Georgia schools (to include
			 candidates in Georgia and out-of-state educator preparation programs).