Rule 105-3-.13 - Enforcement of Family Violence Intervention Program and Facilitator Requirements(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.(5) Administrative fines. The Department has the authority to assess an administrative fine, not to exceed $1,000.00 per violation, against any person, firm, or corporation that the Department determines to have violated any provision of the Title 19, Chapter 13, Article 1A of the Official Code Georgia Code or any order, rule, or regulation promulgated thereunder. In determining the amount of the fine, the Department may consider the seriousness of the violation, whether the same or any other program requirement has been violated previously by the same program owner, director, or facilitator, and whether procedures designated to prevent the violation were in place and were followed.(a) The Department shall have the authority to assess administrative fines for FVIPs as follows: 1. 1st offense - $1,000 maximum2. 2nd offense and subsequent offenses - $1,000 per violation(b) The Department shall have the authority to assess administrative fines for facilitators as follows:1. 1st offense - $500 maximum2. 2nd offense and subsequent offenses - $1,000 per violation(6) Effectuation of Suspension or Revocation. If suspension or revocation of certification is imposed in accordance with the provision of Sec. 50-13-18 of the Georgia Administrative Procedures Act, the suspension or revocation becomes effective on the date indicated by the Department's order. Upon termination of any period of suspension, and upon a showing that the program has achieved full compliance with program requirements in addition to meeting any reinstatement requirements, the Department shall reissue the certification. However, nothing in these rules shall be construed to prevent the Department from denying program certification prior to any hearing on such action.(7) Suspension enforcement for FVIP Programs will be as follows: (a) Removal from the Commission's website, certified FVIP list, and printed materials.(b) Suspend classes and/or intakes for a minimum of thirty (30) calendar days and a maximum of six (6) months.(c) Notification by the Department to the local court administrator, Chief Superior Court Judge, Chief State Court Judge, Chief Magistrate Court Judge, Prosecutor's Office, the Department, Victim Liaison, the Community Task Force on Family Violence, and other referral sources of the FVIP's suspension period.(d) The reinstatement fee will be $150.(8) Suspension enforcement for FVIP Facilitators will be as follows: (a) Removal from the Commission's website, certified FVIP Facilitator list, and printed materials.(b) Suspend classes and/or intakes for a minimum of thirty (30) calendar days and a maximum of six (6) months.(c) Notification by the Department to the local court administrator, Chief Superior Court Judge, Chief State Court Judge, Chief Magistrate Court Judge, Prosecutor's Office, the Department, Victim Liaison, the Community Task Force on Family Violence, and other referral sources of the FVIP's suspension period.(d) The reinstatement fee will be $100.(9) Revocation enforcement for FVIP Programs will be as follows: (a) Removal from the Commission's website, certified FVIP list, and printed materials.(b) Suspend classes and/or intakes for a minimum of six (6) months and a maximum of 18 months.(c) Notification by the Department to the local court administrator, Chief Superior Court Judge, Chief State Court Judge, Chief Magistrate Court Judge, Prosecutor's Office, the Department, Victim Liaison, the Community Task Force on Family Violence, and other referral sources of the FVIP's revocation and reason.(d) The recertification fee will be $150.00.(10) Revocation enforcement for FVIP Facilitators will be as follows: (a) Removal from the Commission's website, certified FVIP Facilitator list, and printed materials.(b) Suspend classes and/or intakes for six (6) months or permanently.(c) Notification by the Department to the local court administrator, Chief Superior Court Judge, Chief State Court Judge, Chief Magistrate Court Judge, Prosecutor's Office, the Department, Victim Liaison, the Community Task Force on Family Violence, and other referral sources of the FVIP's revocation and reason.(d) The recertification fee will be $250.00.(11) Reapplying for certification after revocation. A program that has had its certification revoked may not reapply for certification for eighteen (18) months from the date of the revocation. The date of a revocation is the date of receipt of the revocation letter or the date a revocation appeal is denied, whichever is later. Reapplying for certification shall be subject to the same procedures as if the program were applying for certification for the first time. However, the Department may consider a program's past violations of these rules in deciding whether to approve or deny recertification.Ga. Comp. R. & Regs. R. 105-3-.13
O.C.G.A. §§ 19-13-13(a)& (b); 19-13-17 .
Original Rule entitled "Enforcement of Family Violence Intervention Program and Facilitator Requirements" adopted. F. Dec. 3, 2018; eff. Dec. 23, 2018.