Rule 105-2-.05 - Probation Entity Registration and Approval RequirementsNo probation entity may operate without first registering and being approved by MPOU as set forth herein.
(a) Registration application. All registration applications must be submitted as required and approved by MPOU, and must be truthful, accurate, and complete.(b) Initial approval. After receipt of a completed registration evidencing that all owners and/or the entity director have met the qualifications set forth by law and in these rules and that other probation entity requirements are met, MPOU shall approve the probation entity. MPOU shall respond within 15 business days with approval of registration, a deficiency statement, or a notice that additional time is required. Applicants shall have 10 days to cure deficiencies. If deficiencies are not cured within the 10 days, the registration application shall be deemed denied.(c) Ongoing approval. Once initially approved, a probation entity shall remain approved as long as it remains in compliance with applicable laws and rules. MPOU may require that certain documents and information be updated 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, contract renewal or termination information, employee training records, criminal history record information, insurance information (private probation entities only), and updated court listings/contracts.(d) Additional information for verification. MPOU may require any applicant or approved probation entity to submit additional information or verification that is reasonably related to making a determination regarding initial approval or continued compliance with requirements.(e) Compliance with Immigration Act: All owners and/or entity directors must comply with the 2011 Immigration Act per OCGA § 50-36-1. All owners and/or entity directors are required to submit a lawful presence affidavit at the request of MPOU.(f) Non-transferability of registration approval. Approval of a probation entity is not transferable. Application for new (initial) registration approval must be submitted and approved prior to any change in probation entity ownership or control. All new owners, entity directors, or agents must meet the requirements set forth by law and these rules.(g) Validity of registration approval. All registration approvals issued pursuant to the laws and regulations are valid only so long as the entity director and/or owner of record is actively engaged in the operation of a probation entity. In the event the director and/or owner of record ceases to be actively engaged in the operation of a probation entity, MPOU must be notified. Inactivity of a probation entity for a period of 3 months shall cause the entity's registration to lapse. Application may be made to MPOU for an extension of time, which may be granted at the discretion of MPOU.(h) Voluntary withdrawal of registration. Any owner and/or entity director may voluntarily withdraw their registration for operation as a misdemeanor probation provider by submitting notice to MPOU; provided, however, that said probation entity does not have any pending complaints, investigations, or MPOU action. Notice of Withdrawal of Registration may be submitted via certified mail to the principal address of MPOU noted in Rule 105-2-.01 or by specific direction of the Director of MPOU.(i) 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.(j) Governmental Entities and their individuals shall adhere to POST requirements if they choose to operate as a POST approved entity pursuant to OCGA 35-8-1, et. seq.Ga. Comp. R. & Regs. R. 105-2-.05
O.C.G.A. §§ 42-8-106.1, 42-8-109.3, 50-36-1.
Original Rule entitled "Probation Entity Registration and Approval Requirements" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.Amended: F. Jan. 3, 2019; eff. Jan. 23, 2019.Amended: F. Feb. 18, 2022; eff. Mar. 10, 2022.