Rule 105-2-.20 - Enforcement of Probation Entity RequirementsMPOU in addition to other sanctions shall have the authority to deny, suspend, and revoke the registration approval of a probation entity for noncompliance with any applicable laws or rules. MPOU shall also have the authority to revoke existing registration if an entity fails or refuses to adhere to registration requirements. Additionally, it shall have the authority to issue a written reprimand or assess administrative fines in addition to other sanctions against any probation entity or individual for noncompliance with requirements. In considering which sanction to impose, MPOU shall consider the history of compliance, the seriousness of the violations, whether the probation entity, or individual voluntarily reported problems giving rise to any violation, and whether good faith efforts were exhibited to correct areas of noncompliance prior or subsequent to their discovery by MPOU.
(a) In addition to any other sanction, probation entities or individuals may be sanctioned for any of the following: 1. Knowingly making misleading, deceptive, untrue, or fraudulent representation in obtaining certification, fulfilling reporting requirements, or in the operations of an entity or individual, or knowingly engaging in fraud or deceit or making false statements in any matter required by law or these rules;2. Failing or refusing to provide MPOU with meaningful access to the probation entity premises, individuals, probationers records, including refusing to provide MPOU with documents reasonably necessary to making a compliance determination;3. Changing ownership of a private probation entity in order to avoid or avert the denial, revocation, or suspension of registration;4. Altering or falsifying any probation entity or individual records;5. Failing or refusing to remit required reports as outlined in these rules;6. Failing to demonstrate adherence to and satisfaction of the requirements, qualifications, or standards required by law or by these rules; probation entity or individual requirements or violating any law relating to the operation of a probation entity;7. Failing or refusing to abide by, or comply with, any order or directive issued by MPOU pursuant to its authority as provided by law or by these rules and regulations;8. Failing or refusing to properly supervise its probation officers, agents, or individual employees to the detriment of the public;9. Engaging in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, to a court, or to persons under the supervision of the entity or the individual;10. Violating or attempting to violate any law, constitutional provision, rule, or regulation of this state, any other state, the United States, or any other lawful authority relating to the supervision of probationers or the operations of an entity or individual that engages in such supervision;11. Committing any act or omission which is indicative of bad moral character or untrustworthiness;12. Being terminated by a court or governing authority for disciplinary reasons and/or;13. Committing any act or omission that MPOU finds to be contrary to the spirit of these rules and regulations or contrary to the public good.Ga. Comp. R. & Regs. R. 105-2-.20
O.C.G.A. §§ 42-8-106.1, 42-8-109.3.
Original Rule entitled "Enforcement of Probation Entity Requirements" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.