Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-3 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 105-3-.13 - Enforcement of Family Violence Intervention Program and Facilitator Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) The Department has the authority to deny, suspend, and revoke certification of an FVIP and/or facilitator for noncompliance with these rules. Additionally, the Department shall have the authority to issue a notice of deficiency, suspend classes, intakes, or all services, and impose administrative fines on FVIPs and/or facilitators for noncompliance with requirements.
(2) If an FVIP and/or facilitator is found to be in violation of these rules, the Department may issue a notice of deficiency via certified mail and the email address provided by the FVIP and/or facilitator in the Commission designated reporting system. The notice of deficiency will detail the Department's findings and the FVIP's and/or facilitator's rule violations. Within ten (10) business days of receipt of the notice of deficiency, the FVIP and/or facilitator shall return proof to the Department that they are in compliance with the rules or provide a corrective action plan detailing the process and date in which they will reach compliance. The Department will determine if the proof of compliance or corrective action plan provided by the FVIP and/or facilitator is sufficient. If the FVIP and/or facilitator fail to provide proof of compliance or a sufficient corrective action plan, the Department may assess an administrative fine against the FVIP and/or facilitator, suspend the FVIP and/or facilitator's certification, or revoke the FVIP and/or facilitator's certification.
(3) The Department, in its discretion, may choose to impose suspension or revocation of certification, or the assessment of an administrative fine against an FVIP and/or facilitator. In considering which to impose, the Department may consider, at a minimum, the FVIP's and/or facilitator's history of compliance, the seriousness of the violations, whether the FVIP and/or facilitator voluntarily reported problems giving rise to any violation, and whether the FVIP and/or facilitator exhibited good faith efforts to correct areas of noncompliance prior or subsequent to their discovery by the Department. Additional considerations are listed in the Department SOP.
(4) Grounds for denial, suspension, revocation of certification, or assessment of an administrative fine. The Department may also base the denial, suspension, revocation of certification or assessment of an administrative fine upon notice of deficiency or noncompliance with a failure to follow program rules or requirements as listed in sections  105-3-.07,  105-3-.08,  105-3-.09  and  105-3-.10, or upon any of the following applicable grounds:
(a) 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;
(b) Failing or refusing to provide Commission representatives with meaningful access to the FVIP premises, facilitators and staff, participants, or records (including refusing to allow Commission representatives to obtain copies of documents reasonably necessary to making a compliance determination);
(c) The applicant for certification or recertification having an overall poor record of compliance, including but not limited to, denial of certification within the previous twelve (12) months, certification revocation at any time in the past in this or any other state, or suspension within the previous two (2) years;
(d) Changing ownership of a FVIP and/or facilitator in order to avoid or avert the denial, revocation, or suspension of certification;
(e) Altering or falsifying any facilitator or program records;
(f) Failure or refusal by an FVIP and/or facilitator or program to remit to the Commission the required program certification fees and program participant fees as outlined in these rules; and
(g) Failing or refusing to comply with any of these rules, FVIP and/or facilitator requirements, or violating any law relating to the operation of an FVIP programs and/or facilitators.