North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 17 - COUNCIL FOR WOMEN › Section .0700 - ABUSER TREATMENT PROGRAMS › Section 17 .0715 - ABUSER TREATMENT PROGRAM INVESTIGATIONS AND REMOVAL FROM APPROVED LIST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A person who believes that an approved
				abuser treatment program has violated any provision of the Rules in this
				Section may file a written complaint with the Commission. The Commission may
				also initiate proceedings under this Rule without a third party complaint
				having been filed.
(b) The
				Commission shall dismiss any complaint it finds is unfounded, frivolous, or
				trivial.
(c) Unless the complaint
				is dismissed, pursuant to Paragraph (b) of this Rule, the Commission shall
				notify the program of the complaint in writing. Such notice shall be sent by
				certified mail with return receipt requested. The notice shall state the
				alleged facts as contained in the complaint, or may enclose a copy of the
				complaint, and shall contain a request that the program submit an answer in
				writing within 20 days from the date the notice of the complaint is received by
				the abuser treatment program.
(d)
				If the abuser treatment program acknowledges the violations in the complaint,
				the Commission shall accept the admission and shall issue a First Notice of
				Violation. Upon First Notice of Violation, the abuser treatment program shall
				enter into a probationary period. An abuser treatment program that is not in
				compliance with this Section shall have 60 days to bring its program into
				compliance.
(e) If the abuser
				treatment program does not respond to or denies the violations, the Commission
				shall investigate the allegations contained in the complaint. The program shall
				be given another opportunity to respond to the Commission's concerns. If the
				Commission finds that the program is in violation, the Commission shall issue a
				First Notice of Violation as in Paragraph (d) of this Rule.
(f) The Commission shall maintain the
				complaint, evidence, investigative findings, and disposition of each matter. If
				a First Notice of Violation has been issued, the Commission shall determine if
				the abuser treatment program has come into compliance within 60 days. If the
				abuser treatment program is still not in compliance as determined by the
				Commission, the Commission shall issue a Second Notice of Violation to the
				program, setting forth an additional 60 days for correcting the
				violations.
(g) If the Commission
				determines that the abuser treatment program is still not in compliance at the
				end of the time set forth in the Second Notice of Violation, the Commission
				shall remove the program from the list of approved programs effective as of the
				first day of the next calendar quarter and issue a Letter of Termination to the
				program. District court judges and clerks of court for the prosecutorial
				districts served by the program shall be notified immediately by Commission
				staff of the termination.
(h) All
				participants in a terminated abuser treatment program shall be remanded back to
				the referring court for referral to another program or other action deemed
				appropriate by the court. Any program so terminated may reapply to the
				Commission for inclusion on the approval list no sooner than the next
				application period.
(i) When a
				program is terminated from the approved list, the Commission shall notify
				relevant domestic violence and sexual assault agencies and North Carolina
				Providers of Abuser Treatment.
(j)
				All abuser treatment programs shall comply with any reporting requirements and
				requests for information regarding statistics and other data as set out in the
				rule in this Section. Failure to comply with reporting deadlines and requests
				for information as set out in the rule in this Section shall result in a
				program being deemed noncompliant, which shall lead to termination and removal
				from the approved abuser treatment program list.
Authority
				  G.S.
				  50B-3(a)(12);
				  143B-394.16;
Eff.
				  October 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 3,
				  2017.