reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-6 - RECREATION › Rule 125-4-6-.03 - Crafts and Hobbies

Current through Rules and Regulations filed through June 27, 2024
With the approval of the Warden/Superintendent and within the limitations he prescribes, an inmate may pursue hobby craft work in his free time. The following limitations apply:
(a) Hobby craft activities shall be carried out under supervision in a hobby craft room provided by the institution for this purpose. Only with the specific approval of the Warden/Superintendent may hobby craft activities be undertaken in any other place.
(b) Hobby crafts which require tools, equipment, and/or materials which is classified as hazardous or as contraband shall require the specific approval of the Warden/Superintendent.
(c) Raw material, equipment, and tools needed for the manufacture of any hobby craft item, except those items utilized in institutional instructional activities, shall be ordered by the individual inmate through the office of the institutional Business/Record Manager or inmate store. Such items shall be paid for by the inmate concerned through deductions from personal funds credited to the inmate's institutional account.
(d) Except as provided in paragraph (h) below, the finished product of an inmate's hobby craft may only be sold through an outlet operated by the office of the Business/Record Manager of the institution concerned.
1. The hobby craft display counter (outlet) shall be open for business during visiting hours and at such other times as deemed appropriate by the Warden/Superintendent of the institution. Operating hours shall not be permitted to interfere with the normal routine of the institution.
2. The hobby craft display counter (outlet) shall be operated by the Business/Record Manager or an employee designated by him. Inmates shall not be permitted to operate the outlet.
3. The finished product shall be sold at a fair market price and funds derived from the sale shall be deposited to the individual inmate's institutional account in a manner similar to any other authorized deposit.
4. The sale of an inmate's hobby craft items shall be a straightforward business transaction. Such sales shall be accomplished from only one location (outlet) at each institution which shall be either the Lobby, Front Office, or other convenient location designated by the Warden/Superintendent and not located within the security sections of the institution.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-6 - RECREATION › Rule 125-4-6-.04 - Entertainment

Current through Rules and Regulations filed through June 27, 2024
(1) Radios, television sets and similar recreational items, as authorized and approved by the Warden/Superintendent, shall be provided in recreation and day rooms or equivalent facilities and/or in such other locations as the Warden/Superintendent shall specify. In institutions equipped with sound systems, Wardens/Superintendents need neither provide nor authorize additional individual radios or other entertainment devices.
(2) As a specially earned privilege, the Warden/Superintendent may authorize an inmate to have a personal radio, television, or other similar accoustical device. Such items must meet all fire and circuitry safety standards and be located and operated in accordance with the limitations prescribed by the Warden/Superintendent.
(3) Each item of personal sound producing equipment shall be equipped with earphones. Necessary modification kits shall be available for purchase through the Inmate Store.
(4) The privilege of having a personal item of entertainment equipment may be removed for disciplinary reasons or for failure to abide by prescribed limitations.
(5) Authorized personal equipment belonging to an inmate which becomes inoperable shall be shipped to a person designated by the inmate owner at the inmate's expense.
(6) Personal radios, televisions, or other such equipment shall not be sold, bartered, or exchanged between inmates or between inmates and employees.
(7) Wardens/Superintendents may authorize the showing of selected movies at the institution.
Ga. Constitution 1983, Art. XI, Sec. 1, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-57, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-6 - RECREATION › Rule 125-4-6-.05 - Institutional Store

Current through Rules and Regulations filed through June 27, 2024
(1) Each institution shall operate an institutional Inmate Store for the benefit of assigned inmates.
(2) The Warden/Superintendent shall have the overall responsibilities for the operation of the Inmate Store. The Business/Records Manager, or the Recreation Director, may be assigned responsibility for store operation. An employee, or inmate under the direct supervision of the responsible officer may be designated to physically operate the store. The method of operation shall be as follows:
(a) The Inmate Store shall be operated as a profit making activity.
(b) Close liaison should be maintained between the Business/ Records Manager and the Recreation Director concerning the account balance and program planning.
(c) The Inmate Store-Benefit Fund shall be used to purchase items or services for the benefit of inmates. Such expenditures shall be as authorized and approved by the Commissioner of Corrections or the Commissioner's designated representative. Assets from these funds shall not be expended for any activity nor purpose not related to inmate welfare.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-7 - RELIGION › Rule 125-4-7-.01 - Religious Programs

Current through Rules and Regulations filed through June 27, 2024
(1) Each institution shall provide assigned inmates with an opportunity to practice their religious faith on a regular basis. Inmates may not be required to attend Religious Services.
(2) Religious facilities, equipment, and supplies shall be provided at each institution in accordance with the needs of the institutional population.
(3) The services of a regularly ordained minister, priest, or rabbi, or imam to conduct appropriate services shall be provided to meet inmates' spiritual needs subject to capabilities of institution concerned and needs of assigned inmates. Such ministerial support may be provided on a full-time, part-time, or voluntary basis in accordance with the needs of assigned inmates and the capabilities of the institution concerned.
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b); Ga. L. 1956, pp. 161, 170; 1969, p. 598; 1956, pp. 161, 171; Ga. L. 1956, pp. 161, 174 (O.C.G.A. 42-2-11); Ga. L. 1964, pp. 491, 492; 1970, pp. 318, 319 (O.C.G.A. 42-5-53); Ga. L. 1972, p. 838 (O.C.G.A. 42-10-2); Ga. L. 1956, pp. 161, 178 (O.C.G.A. 42-2-11); Ga. L. 1964, pp. 734, 735 (O.C.G.A. 42-5-57); Ga. L. 1968, pp. 1399, 1403 (O.C.G.A. 42-5-51).
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-7 - RELIGION › Rule 125-4-7-.02 - Chaplain

Current through Rules and Regulations filed through June 27, 2024
At those institutions having an assigned Chaplain, on a full or part-time basis, the Chaplain shall be responsible to the Warden/Superintendent and the Director of Religious Therapy Programs for the religious activities undertaken at the institution. At those institutions having no assigned Chaplain, appropriate religious programs shall be conducted as directed by the Warden/Superintendent or his designated representative. The Director of Religious Therapy Programs will assist the local Warden/Superintendent in providing appropriate religious programs.
Ga. Constitution 1983, Art XI, Sec. I, Par. (b); Ga. 1956, pp. 161, 170; 1969, p. 598; 1956. pp. 161, 171; 1956, pp. 161, 174 (O.C.G.A. 42-2-11); Ga. L. 1964, pp. 491, 492; 1970, pp. 318, 319 (O.C.G.A. 42-5-53); Ga. L. 1972, p. 838 (O.C.G.A. 42-10-2); Ga. L. 1956, pp. 161, 178 (O.C.G.A. 42-2-11); Ga. L. 1964, pp. 734, 735 (O.C.G.A. 42.5-57); Ga. L. 1968, pp. 1399, 1403 (O.C.G.A. 42-5-51).
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-7 - RELIGION › Rule 125-4-7-.03 - Visiting Clergy

Current through Rules and Regulations filed through June 27, 2024
(1) With the concurrence of the Warden/Superintendent, and Consistent with inmate and institutional needs, outside clergymen or guest speakers, recognized for their concern with religious matters, may be invited or authorized to conduct religious services for those inmates professing belief in that particular faith.
(2) Invitations to guest clergymen or other religious personalities shall be issued by the Chaplain or a representative designated by the Warden/Superintendent. Invitations shall require the concurrence of the Warden/Superintendent and shall clearly define the parameters of the visit to include restriction to religious matters, limitations of movement in the institution, etc. Special written authorization shall be required before any visiting clergyman or speaker is permitted to participate in any activity or procedure not specifically authorized in the invitation:
(a) Religious literature and related material which a visiting clergyman or guest speaker proposes to distribute shall be submitted to the institution in advance in order to avoid any inference of contraband entering the institution by this means.
(b) Visiting clergymen and guest speakers shall confine their religious activities while in the institution to those inmates who have professed a belief in the faith the visitor represents prior to their incarceration; provided, however, that upon written request an inmate shall be permitted to visit with a visiting clergyman or guest speaker regardless of the inmate's faith prior to incarceration. All visits are subject to reasonable restrictions consistent with institutional needs. Inmates who have not professed a belief in the faith the visitor represents prior to their incarceration may voluntarily attend religious services, but the visitor shall not initiate an attempt to convert such an inmate to the visitor's belief. A security officer should visit the service and he may record the presentation. Proper security, supervision and conduct shall be maintained during the service.
(c) Visiting clergymen and religious guests are subject to all rules, regulations, procedures and directives of the State Board of Corrections as well as to those of the institution which they are authorized to visit.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-8 - YOUTH SERVICES › Rule 125-4-8-.01 - Responsibility

Current through Rules and Regulations filed through June 27, 2024
The Department of Corrections shall by this rule and pursuant to O.C.G.A. 49-5-10.1, establish criteria for the periodic review of youth transferred to its custody by the Department of Children and Youth Services; to determine for each youth so transferred if such youth continues to be at risk. Should the Department of Corrections determine that such youth is no longer at risk and there no longer exists a need to incarcerate the youth in the custody of the Department of Corrections, the youth shall be transferred back to the Department of Children and Youth Services.
(a) The Department of Corrections shall apply to such youth standard operating procedures which apply to adult prisoners and which are not inconsistent with any special needs of such youth.
(b) The Department shall provide programs and services to such youth appropriate to their special needs. Any such programs and special needs shall be governed by special standard operating procedures promulgated by the Commissioner.
Ga. Constitution 1982, Art. XI. Sec. I, Par. (b), Ga. L. 1956, pp. 161, 168 (O.C.G.A. 42-2-11); Ga. L. 1957, pp. 477, 478 (O.C.G.A. 42-2-4); Ga. L. 1956, pp. 161, 171; 1969, p. 598, 1978, p. 1647, 1983, pp. 3, 31, 60, 507; Ga. L. 1990, pp. 1930-1939.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 125-4-9-.01 - Legal Authority

Current through Rules and Regulations filed through June 27, 2024
These rules are adopted and published in accordance with the Official Code of Georgia Annotated O.C.G.A. §
									19-13-10,
et seq.
Ga. Constitution 1982, Art. XI, Sec. 1, Par. I, (b), O.C.G.A. Secs. 42-2-11, 42-5-55.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 125-4-9-.02 - Title and Purpose

Current through Rules and Regulations filed through June 27, 2024
These rules are known as the Rules for Family Violence Intervention Programs. The purpose of the rules is to provide for the administration and certification of Family Violence Intervention Programs by the Department of Corrections and to provide for the enforcement of certification and program requirements and for the inspection and investigation of such programs and staff, by the Department of Corrections.
Ga. Constitution 1982, Art. XI, Sec. 1, Par. I, (b), O.C.G.A. Secs. 42-2-11, 42-5-55.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 125-4-9-.03 - Definitions

Current through Rules and Regulations filed through June 27, 2024
Unless the context requires otherwise, the terms used in these rules mean the following:
(a) "
Participant
" means a person who commits an act of "family violence" as that term is defined below.
(b) "
Certification fee
" means the fee that is assessed by the Department for consideration of an application for program certification.
(c) "
Class
" means a group of two or more batterers who are simultaneously participating in an FVIP.
(d) "
Commission
" means the State Commission on Family Violence.
(e) "
Community Task Force on Family Violence
" or "
CTF
" means a community based family violence task force that is supported by and working in collaboration with the Commission that is responsible for coordinating the community's response to family violence.
(f) "
Department
" means the Georgia Department of Corrections.
(g) "
DHR
" means the Georgia Department of Human Resources.
(h) "
Facilitator
" means a batterers intervention group leader.
(i) "
Family violence
" means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:
(1) Commission of the offense of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 125-4-9-.05 - Initial Program Certification

Current through Rules and Regulations filed through June 27, 2024
(a)
Initial Certification.
Upon receipt of all required application materials the Commission will undertake a review of the application materials for purposes of determining whether the program meets all certification requirements. If the Commission determines that the program meets all program certification requirements and the standards for course content and qualifications of instructors, the Commission shall certify the program.
(b)
Revocation of Certification.
Once certified, the failure of an FVIP to begin holding classes within six months of certification and to continuously operate in compliance with these rules and regulations (with no more than a three month break in instruction) will result in revocation of certification.
(c)
Denial of Initial Certification.
Initial certification will be denied if:
(1) The program provider fails to agree in writing to submit reports and fees as required in these regulations and to allow the examination and audit of the books, records, and financial statements of the program or its authorized agent; or
(2) The owner of a program fails to agree in writing to pay to the state the fees established by Rule  125-4-9-.04(a)(2)  and Rule  125-4-9-.04(a)(3); or
(3) The program fails to meet program certification requirements, including but not limited to, standards for course content and qualifications of instructors.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 125-4-9-.06 - Requirements for Family Violence Intervention Program Curriculum

Current through Rules and Regulations filed through June 27, 2024
(a)
General Model.
While certified programs may use various curricula in running programs, all certified programs will use an educational model of group intervention that adheres to the following principles regarding family violence:
(1)
Power and Control.
Program topics must follow a model that identifies and challenges family violence as an overall system of physical and emotional abuse where the participant chooses to use tactics of power and control over a victim.
(2)
Beliefs and Social Context.
Program topics shall consistently identify and challenge personal beliefs the participant holds and social contexts that support those beliefs that motivate the use of power and control tactics over the victim.
(3)
Effects.
Program topics shall consistently identify and hold the participant accountable for the physical and emotional effects on victims of the participant's violence and abuse.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 125-4-9-.07 - Program Structure Requirements

Current through Rules and Regulations filed through June 27, 2024
Each program shall be structured as follows:
(a)
Orientation and Intake/Screening Interview
- Programs will conduct an initial orientation and an intake/screening interview. Intake/screening interviews will be conducted according to Department SOP. Programs may charge separate fees for the orientation and the intake/screening interview. Neither the orientation nor the intake/screening interview count toward the 24 class requirement.
(b)
Contract Execution
- Each participant will be required to sign a contract before being permitted entry into the program.
(c)
Classes
-
(1) Programs must require each participant to attend a minimum of at least twenty-four (24) once a week group classes within 27 weeks.
(2) Classes must be at least ninety (90) minutes in length. Administrative duties, including taking attendance and collecting fees, are prohibited during the 90 minutes of instruction time.
(3) Four absences must result in automatic termination from the program unless a leave of absence has been approved by the referral source and program in consultation with the victim liaison in advance of the fourth absence. Lateness is considered an absence.
(4) Classes must have a minimum of 3 and a maximum of 16 participants present.
(5) Programs must provide at least one (1) facilitator for up to eight (8) participants and two (2) facilitators for nine (9) to sixteen (16) participants.
(6) All participants in a class must be of the same gender.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 125-4-9-.08 - Facilitator Requirements and Restrictions on Program Personnel

Current through Rules and Regulations filed through June 27, 2024
Listed below are the minimum requirements for facilitators and restrictions on FVIP personnel. FVIPs will maintain documentation that all FVIP personnel meet these requirements.
(a)
Program Hiring Limitations.
FVIPs are restricted in hiring as follows:
(1) FVIPs shall not be owned or operated by any person or employ any facilitator, supervisor, or director who is under the supervision of the Department. FVIPs also shall not subcontract with any person who is under the supervision of the Department nor allow any person who is working for an independent employer to perform any type of work for the FVIP.
(2) FVIPs shall screen all potential facilitators, supervisors, owners, and directors through referral and employment checks. FVIPs will require that all proposed employees provide the details of any of the following criminal background information:
(A) Conviction, guilty plea, nolo contendere plea, for a felony or misdemeanor.
(B) Adjudication of guilt withheld for a felony or misdemeanor.
(C) Current charges of a violation of law.
(D) Reports to the Department of Family and Children's Services for child abuse or neglect.
(E) Protective order issued against them, or bond conditions resulting from an arrest.
(F) A finding of family violence was made in divorce, custody or visitation proceedings.
(3) The Department reserves the right of prior approval in such cases when there is a finding of any instance of A-F (above) for any facilitator, supervisor, owner, or director.
(4) The Department shall conduct a comprehensive criminal history background check on each FVIP employee facilitator, supervisor, owner, and director upon initial certification and at the time of hiring additional staff. Current FVIP employees must have the GCIC documentation present in their personnel file.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 125-4-9-.09 - Program Requirements Toward Batterers

Current through Rules and Regulations filed through June 27, 2024
(a) FVIPs shall require that participants sign a contract to:
(1) Immediately stop all violence and abuse towards the victim and others;
(2) Remove all weapons from home;
(3) Respect any effort by the victim to leave the relationship;
(4) Attend 24 90-minute group classes at the rate of one class per week, on time, participating adequately, paying all required fees, completing all assignments, and adhering to the contract;
(5) Complete the FVIP where the participant originally enrolled unless approval to change FVIPs is obtained from the court or other referral source and the original program director;
(6) Be drug and alcohol free during all FVIP classes.
(7) Authorize the release of all information and acknowledge that FVIPs do not limit confidentiality and may release information to victims, victim liaisons, referring courts, law enforcement, Department staff and monitors, the Department's Probation Division, the Board of Pardons and Paroles. Participants also acknowledge the FVIP's duty to warn policy, mandatory reporting requirements, victim contact policies, and programmatic responses to continued violence or breaking the contract.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 125-4-9-.10 - Requirements of Commission-Approved Training

Current through Rules and Regulations filed through June 27, 2024
(a)
Approval of Training.
The Commission must approve all training used to fulfill FVIP facilitators' requirements for initial and ongoing training. To be considered for approval, the following items shall be sent to the Commission:
(1) A completed and signed application form with all requested attachments;
(2) A detailed agenda and objectives for the training;
(3) A statement of the qualifications of the potential trainers;
(4) An evaluation for the training, which will be given to participants.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 125-4-9-.11 - FVIP Monitoring

Current through Rules and Regulations filed through June 27, 2024
(a) FVIPs must allow scheduled and unscheduled monitoring visits by Department staff and monitors or Community Family Violence Task Force monitors. Monitoring may consist of both administrative review and group observation.
(b) FVIPs must maintain adequate documentation to ensure compliance with these minimum standards.
(c) Records of Personnel and Contract Workers. FVIPs are required to maintain personnel records for each FVIP employee and/or contract worker (excluding the subcontracted victim liaison). Each such personnel file shall contain the employee's and/or contract worker's name, address, home phone number, social security number, date of birth, a recent clear photograph, and emergency contact information. Each personnel file shall also contain documentation of any civil or criminal proceedings involving family violence. FVIPs must also maintain signed job descriptions; signed drug-free workplace policy statements, signed sexual harassment policy statements, and documented employment, reference, and GCIC checks. In addition, facilitators' records must include a current and complete resume or official transcript and other detailed documentation that specifies where and when the facilitator has met the educational, experiential and training requirements required by these regulations, and a signed violence-free lifestyle statement.
(d) FVIPs must respond to corrective action plans issued by the Department within the Department's required time frame in order to come into full compliance.
(e) Upon request of the Commission or the Community Family Violence Task Force monitors, classes shall be recorded for the purpose of monitoring FVIP compliance with certification standards.
Ga. Constitution 1982, Art. XI, Sec. 1, Par. I, (b), O.C.G.A. Secs. 42-2-11, 42-5-55.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 125-4-9-.12 - Enforcement of FVIP Requirements

Current through Rules and Regulations filed through June 27, 2024
The Department shall have the authority to deny, suspend, and revoke certification of an FVIP for noncompliance with FVIP requirements. Additionally, the Department shall have the authority to assess an administrative fine against any FVIP for noncompliance with FVIP requirements.
(a) Grounds for denial, suspension, revocation of certification, or assessment of an administrative fine. The Department may base the denial, suspension, revocation of certification, or assessment of an administrative fine upon any of the following applicable grounds:
(1) knowingly making any verbal or written false or misleading statement of material fact or omitting to state a material fact in connection with an application for certification or recertification or in connection with an inspection or investigation;
(2) failing or refusing to provide Department representatives with meaningful access to the program or FVIP premises, facilitators and staff, participants or records (including refusing to allow Department representatives to obtain copies of documents reasonably necessary to making a compliance determination);
(3) the applicant for certification or recertification having an overall poor record of compliance, including but not limited to, denial of certification within the previous 12 months, certification revocation at any time in the past in this or any other state, or suspension within the previous two years;
(4) changing ownership of a FVIP or program in order to avoid or avert the denial, revocation, or suspension of certification;
(5) altering or falsifying any FVIP or program records;
(6) failure or refusal by an FVIP or program to remit to the Department the required program certification fees and program participant fees as outlined in these rules; and
(7) failing or refusing to comply with any of these rules, FVIP requirements or violating any law relating to the operation of an FVIP.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 125-4-9-.13 - Applicability of Administrative Procedures Act

Current through Rules and Regulations filed through June 27, 2024
All enforcement actions resulting from the enforcement Chapter shall be administered in accordance with Chapter 13 of Title 50 of the Official Code of Georgia, the "Georgia Administrative Procedures Act." The Department shall notify the FVIP or program applicant of any intended enforcement action. Any such notice shall set forth the proposed action or actions and the factual and legal basis or bases therefore. An FVIP or program desiring a hearing in response to an enforcement action against it must make a request in writing and must submit the request to the Department no later than ten (10) calendar days from the date of receipt of any notice of intent by the Department to take an enforcement action.
Ga. Constitution 1982, Art. XI, Sec. 1, Par. I, (b), O.C.G.A. Secs. 42-2-11, 42-5-55.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES › Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 125-4-9-.14 - 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.
Ga. Constitution 1982, Art. XI, Sec. 1, Par. I, (b), O.C.G.A. Secs. 42-2-11, 42-5-55.
Compilation of Rules and Regulations of the State of Georgia › Department 130 - RULES OF GEORGIA STATE BOARD OF COSMETOLOGY › Chapter 130-1 - GENERAL INFORMATION: ORGANIZATION › Rule 130-1-.01 - Organization of Board

Current through Rules and Regulations filed through June 27, 2024
(1) All Rules and Regulations pertaining to the Administration of the Georgia State Board of Cosmetology shall be administered by the Professional Licensing Boards Division of the Office of the Secretary of State. The office of the Division Director is located at 237 Coliseum Drive, Macon, Georgia 31217.
(2)The members of the Georgia State Board of Cosmetology shall be appointed by the Governor, approved by the Secretary of State, and confirmed by the Senate. The public may obtain information and submit requests at the office of the Division Director, Professional Licensing Boards.
O.C.G.A. Secs. 43-1-16, 43-1-25, 43-10-2, 43-10-12.
Compilation of Rules and Regulations of the State of Georgia › Department 130 - RULES OF GEORGIA STATE BOARD OF COSMETOLOGY › Chapter 130-2 - LICENSE REQUIREMENTS › Rule 130-2-.01 - Application for School License

Current through Rules and Regulations filed through June 27, 2024
Any person desiring to operate a school of cosmetology, school of hair design, school of esthetics, or school of nail care in the State of Georgia is required to make application for a license to operate the school, using the form furnished by the Georgia State Board of Cosmetology, and show by such application that applicant has met all the requirements of the laws and rules of the Board. When such application is properly filled out and returned to the Board, it shall be accompanied by the following:
(a) character references for the persons interested in operating such school;
(b) a floor plan of the proposed premises drawn to approximate scale, showing the arrangement of the classrooms, locker space, separate rest room facilities for male and female students, approximate placing of equipment, the entrances and exits, ventilation and lighting, and adequacy of floor spaces;
(c) list of all items of equipment required by laws and rules;
(d) satisfactory evidence of proper provisions for duly-licensed teachers;
(e) Each student enrolled shall be supplied with a basic kit for appropriate level of instruction as required by rule (see Administrative Rules  130-3-.01,  130-3-.04,  130-3-.07,  130-3-.10);
(f) Required fee.
O.C.G.A. Secs. 43-10-2, 43-10-8, 43-10-10, 43-10-11, 43-10-12, 43-10-13.
Compilation of Rules and Regulations of the State of Georgia › Department 130 - RULES OF GEORGIA STATE BOARD OF COSMETOLOGY › Chapter 130-2 - LICENSE REQUIREMENTS › Rule 130-2-.02 - Required Inspections and Licensing

Current through Rules and Regulations filed through June 27, 2024
(1) Upon acceptance of the application a preliminary inspection of the proposed premises shall be conducted by an inspector for the Board and a Board Member prior to the final inspection and issuance of a license.
(2) After applicant has met all Board requirements for facility, equipment, and consumable supplies, a final inspection shall be conducted by an inspector for the Board and a Board member. Upon approval by the Board, the appropriate license shall be issued to operate a school of cosmetology, school of hair design, school of esthetics, or school of nail care. The license will be permitted to be retained and renewed only as long as the school continues to meet all of the current laws and rules of the Georgia State Board of Cosmetology. Such licenses are not transferable from person to person.
(3) The Board shall have a reasonable period of time to process any application in order to carry out an investigation for verification of any or all facts stated therein and conduct inspections.
O.C.G.A. Secs. 43-10-2, 43-10-8, 43-10-11, 43-10-12.
Compilation of Rules and Regulations of the State of Georgia › Department 130 - RULES OF GEORGIA STATE BOARD OF COSMETOLOGY › Chapter 130-2 - LICENSE REQUIREMENTS › Rule 130-2-.04 - Instructor Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Instructor licenses shall be renewed biennially by June 30th of odd years. In order to renew an instructor license, the master cosmetologist, hair designer, esthetician or nail technician license of the instructor must be in good standing and renewed on time. Instructors, at the cosmetologist level, must renew their Master Cosmetology License biennially by March 31st of even years. Instructors at the Hair Designer level must renew their hair designer license biennially by September 30th of even years. Instructors, at the skin care and nail care level, must renew their esthetician or nail technician license biennially by August 31st of odd years. If an instructor fails to renew his/her master cosmetologist, esthetician or nail technician within six (6) months after expiration, then his/her license to instruct shall be automatically suspended. A person failing to renew his/her teacher's license within two (2) years, after expiration, shall be required to file a reinstatement application for Board review and pay a fee set by the Board (see Fee Schedule) before an instructor's license may be re-issued.
(2) Continuing Education: All instructors of cosmetology, hair design, esthetics and nail technology, seeking renewal of licenses, must submit, with renewal of application to the Board, proof of completion of fifteen (15) hours of continuing education in the cosmetology profession approved by the Board since the last renewal of the instructor's license.
(a) The following has been approved by the Board for continuing education:
1. At least half of the fifteen (15) total hours shall be in teaching techniques, lesson planning, or other advanced teacher training. Each course or program requires prior Board approval. Any school, group, or association may present its course of training program to the Board for approval. A course or program developed and offered through a college, university department, or division of continuing education of the Department of Education, the Georgia Department of Technical and Adult Education, or the Board of Regents is exempt from the prior approval requirement.
Compilation of Rules and Regulations of the State of Georgia › Department 130 - RULES OF GEORGIA STATE BOARD OF COSMETOLOGY › Chapter 130-2 - LICENSE REQUIREMENTS › Rule 130-2-.05 - Application for Instructor License

Current through Rules and Regulations filed through June 27, 2024
(1) Any person desiring to teach or instruct in a school of cosmetology, school of hair design, school of esthetics, or school of nail care in the State of Georgia, is required to make application for a license using the form furnished by the Georgia State Board of Cosmetology and show by such application that applicant has met all the requirements of the law and rules of the Board. When such application is properly filled out and returned to the Board, it shall be accompanied by the following:
(a) a photo static copy of a current Georgia cosmetology license at the appropriate level;
(b) proof of one (1) year work experience as a licensee at the appropriate level;
(c) proof of a high school diploma or GED Certificate;
(d) an official certification of required credit hours of instructor training from a Board approved school of cosmetology (obtained within four (4) months), school of hair design (obtained within four (4) months), school of esthetics (obtained within nine (9) months, or school of nail care (obtained within four (4) months);
(e) required fee;
(f) proof of passing a written and practical examination to become an instructor.
Compilation of Rules and Regulations of the State of Georgia › Department 130 - RULES OF GEORGIA STATE BOARD OF COSMETOLOGY › Chapter 130-2 - LICENSE REQUIREMENTS › Rule 130-2-.06 - Student and Apprentice Records

Current through Rules and Regulations filed through June 27, 2024
(1) Student Records
(a) A weekly work sheet signed in black ink and or electronic signature by the student and the instructor shall be kept for each student indicating the number of hours of training in each subject. This work sheet shall be sub-totaled in January, April, June, and September and shall be subject to review by the Georgia State Board of Cosmetology at any time.
(b) Student attendance records, and grades shall be maintained on school premises by the school as part of the permanent record for each student for a period of five (5) years.
(c) Progress Reports on students' attendance and grades shall be current and shall be made available for inspection by the Georgia State Board of Cosmetology at all times. Should a student withdraw for any purpose, a notarized transcript of total school hours for that student shall be signed by the school's owner or manager and submitted to the Georgia State Board of Cosmetology within thirty (30) days of withdrawal.
(d) Each school shall have a curriculum guide and lesson plan used by each instructor for each course taught. Such curriculum guides and lesson plans shall be made available to the Georgia State Board of Cosmetology for inspection at all times.
(e) Certification of completed training shall be included with the examination application.
Compilation of Rules and Regulations of the State of Georgia › Department 130 - RULES OF GEORGIA STATE BOARD OF COSMETOLOGY › Chapter 130-2 - LICENSE REQUIREMENTS › Rule 130-2-.07 - Application for Cosmetology License at the Master Cosmetologist, Hair Designer, Esthetician or Nail Technician Level

Current through Rules and Regulations filed through June 27, 2024
(1) Any person desiring to practice cosmetology at the master cosmetologist, hair designer, esthetician or nail technician level in the State of Georgia, is required to make application for a license using the form furnished by the Georgia State Board of Cosmetology and show by such application that applicant has met all the requirements of the laws and the rules of the Board. When such application is properly filled out and returned to the Board, it shall be accompanied by the following:
(a) Proof of passing a written and practical examination from Board's designated agent;
(b) required fee;
(c) any other information requested by the Board required for licensure by law or rule.
Compilation of Rules and Regulations of the State of Georgia › Department 130 - RULES OF GEORGIA STATE BOARD OF COSMETOLOGY › Chapter 130-2 - LICENSE REQUIREMENTS › Rule 130-2-.11 - Application for Cosmetology Salon/Shop

Current through Rules and Regulations filed through June 27, 2024
(1) Any person or persons desiring to operate a salon/shop which offers and performs cosmetology services shall submit an application for a license using the form furnished by the Georgia State Board of Cosmetology and shall meet all the requirements of the law and rules of the Board.
(2) Any salon/shop must be registered with the Board prior to its opening. Change of salon/shop ownership or change in the tenant leasing must be registered with the Board by filing an application for licensure within thirty (30) days of the purchase of said salon /shop. Business names of salon/shop shall include the word salon or shop and shall not contain terms which would tend to mislead the public as to the operation of cosmetology establishment.
(3) The salon/shop license shall be displayed in an open area of the registered salon/shop so as to be easily read by customers and available for inspection by the Board at all times.
(4) It shall be prohibited to allow pets in salons/shops except guide and assistance dogs as permitted under Title 30 of the Georgia Code.
(5) Salons/shops shall comply with the rules for sanitation, health and disinfectants in Chapter 130-5 of the Rules of Georgia State Board of Cosmetology.
O.C.G.A. Secs. 43-10-2, 43-10-6, 43-10-8, 43-10-11.
Compilation of Rules and Regulations of the State of Georgia › Department 130 - RULES OF GEORGIA STATE BOARD OF COSMETOLOGY › Chapter 130-2 - LICENSE REQUIREMENTS › Rule 130-2-.12 - Continuing Education

Current through Rules and Regulations filed through June 27, 2024
(1) Number of Continuing Education Hours Required for Renewal or Reinstatement of License.
(a) Renewal after January 1, 2003. In order to renew a license after January 1, 2003, each licensee shall provide to the Board proof of completion of five (5) continuing education (CE) hours in a form acceptable to the Board. If audited, the licensee shall submit written proof from the CE provider of attendance and/or completion of each CE course submitted for credit.
1. Three (3) hours of the total five (5) hours must be satisfied by a course in health and safety developed by the Department of Technical and Adult Education (DTAE).
2. Two (2) hours of the total five (5) hours must be in a course previously registered with the Board in any of the following areas: industry or trade show, health and safety, industry trends, computer skills, business management, or the licensee's area of practice.
Compilation of Rules and Regulations of the State of Georgia › Department 130 - RULES OF GEORGIA STATE BOARD OF COSMETOLOGY › Chapter 130-3 - SCHOOL EQUIPMENT CURRICULUM › Rule 130-3-.01 - Cosmetology School Equipment

Current through Rules and Regulations filed through June 27, 2024
(1) Each school desiring to teach cosmetology must provide the following minimum equipment:
(a) secured metal filing cabinets for school and student records;
(b) sufficient chalkboards;
(c) one (1) wet disinfectant container for each work station;
(d) a minimum of four (4) shampoo basins for enrollment up to fifteen (15) students, and one (1) additional shampoo basin for each additional fifteen (15) students or fraction thereof;
(e) three (3) facial chairs or cushioned massage tables;
(f) a minimum of seven (7) hair dryers for enrollment up to fifteen (15) students and one (1) additional dryer for each additional five (5) students;
(g) work stations with mirrors for each individual student;
(h) sufficient covered containers for soiled or disposable towels and covered/washable containers for garbage;
(i) one mannequin per student;
(j) one closed container per station for clean implements only;
(k) closed containers to adequately store clean towels/linens;
(l) locker space for personal items must be furnished for each student;
(m) paraffin wax machine and paraffin wax;
(n) school minimum floor space 3,000 sq. ft.
(o) four (4) manicuring tables with two (2) chairs at each table, and implements as specified on nail care equipment rules of the Board;
(p) one (1) whirlpool pedicure spa (with fixed plumbing) and three (3) footbaths;
(q) autoclave is an acceptable method of sterilization;
(r) four (4) manicuring tables with two (2) chairs at each table;
(s) audio visual aids.
(t) a current copy of the Laws and Rules of the Georgia State Board of Cosmetology;
(u) The basic kit for cosmetology students shall contain the following:
1. mannequin with hair at least 6-7 inches long
2. basic combs
3. scissors/shears and thinning shears
4. razor with guard and disposable blades
5. brushes
6. rollers
7. clips
8. protective capes
9. disposable neck strips
10. perm rods and end papers
11. marcel iron and flat iron
12. blow dryer
13. consumable supplies for esthetics
14. basic nail care kit; and consumable supplies for nail care
15. standard textbook
16. one (1) workbook
Compilation of Rules and Regulations of the State of Georgia › Department 130 - RULES OF GEORGIA STATE BOARD OF COSMETOLOGY › Chapter 130-3 - SCHOOL EQUIPMENT CURRICULUM › Rule 130-3-.02 - Cosmetology School Curriculum

Current through Rules and Regulations filed through June 27, 2024
The curriculum for students enrolled in a school of cosmetology for a complete course of a minimum of nine (9) months and fifteen hundred (1,500) credit hours for training shall be as follows:
(a) Each school or licensed instructor shall require each student to obtain
250
total hours of training before the student performs clinical services on a client. Of these 250 hours, of which 200 hours shall be theory and training on mannequins, fifteen (15) hours shall be on skin care, ten (10) hours on nail care, and the final 25 hours shall be on live models in the curriculum as stated below. For the purposes of this Rule, one (1) credit hour equals one (1) clock hour for the first 250 hours of training.
Level 1
1. Theory
= (50)
- (50 credit hours/50 clock hours) Shall include instruction by a licensed instructor in the following subjects related to cosmetology:
(i) chemistry;
(ii) sanitation and sterilization;
(iii) introduction to skin care and nail care.
(iv) EPA; OSHA; Infection Control Standards; bloodspill procedures;
(v) AIDS; HIV; and communicable diseases.