Rule 503-1-.36 - Inspections, Investgations, and Probation Entity MonitoringThe council or its designated representative(s) are authorized and empowered to conduct inspections and investigations of probation entities to determine and monitor compliance with requirements.
(a) Inspections. The council or its designated representative(s) are authorized and empowered to conduct periodic inspections at any time during the established operating hours of such probation entity in order to assess compliance with requirements.(b) Investigations. The council or its designated representative(s) are authorized and empowered to conduct investigations to determine whether any probation entity requirements have been, or are being violated by any probation entity. Such investigations may be conducted at any site, location, or place, may be initiated any time during operating or other reasonable hours, may continue during a pending administrative action initiated by the council, and may involve any person who may have information related to an alleged or suspected violation by a probation entity. Investigations may be initiated by the council, at its discretion, when it suspects actual or potential noncompliance with requirements on the part of a probation entity, or when any person alleges facts which, if true, likely would constitute a violation of requirements. 1. Consent to entry and access. A registration application or the approval by the council constitutes consent by the registration applicant and the owner of the premises for the council's representatives to enter the premises for the purpose of conducting an inspection, investigation, or monitoring.2. Council representatives must be allowed immediate entrance and meaningful access to the probation entity premises and to sources of information determined by the council to be pertinent to making a full compliance determination. This information includes, but is not necessarily limited to: all staff, all parts of the premises, offender records related to the initial or continued registration approval of a probation entity.3. The council additionally shall have the authority to require the probation entity to provide any relevant documents including originals where available or photocopies or portions thereof. This authority extends to documents to which confidentiality or privilege otherwise would attach; however any claim of confidentiality or privilege will be preserved and will not be considered to have been waived as a result of the council's access.4. Cooperation with inspection. Probation entity staff, employees, representatives, and any agents thereof, must cooperate with any inspection or investigation by the council and must provide, without delay, any information reasonably requested by council representatives.(c) Noncompliance with probation entity requirements. The council will notify any probation entity found not to be in compliance with requirements. The council shall provide any such notification in writing and shall state the specific rule(s) violated and the factual basis for its finding of noncompliance. The probation entity then must correct all violations within a reasonable period of time, as determined by the council.(d) History of compliance. Any Applicant who applies for registration approval; the council will consider the applicant's history of compliance in determining the applicant's eligibility for approval.1. Any applicant whose registration approval has ever been revoked for falsifying probation entity records will not be approved.2. Any applicant whose registration approval has been revoked for any other reason within the five-year-period prior to application will not be approved to operate a new probation entity.3. The council may deny a registration application if the applicant has a poor history of compliance with requirements as evidenced by previous notices of noncompliance, suspension(s) or administrative fine(s).Ga. Comp. R. & Regs. R. 503-1-.36
O.C.G.A. §§ 42-8-101(e)(6), 42-8-106.
Original Rule entitled "Community Service as Condition of Probation" adopted. F. Jan. 17, 2001; eff. Feb. 6, 2001.Repealed: New Rule entitled "Private Probation Entity Name, Location and Telephone Number" adopted. F. Jan. 25, 2005; eff. Feb. 14, 2005.Repealed: New Rule entitled "Inspections, Investigations, and Probation Entity Monitoring" adopted. F. July 21, 2006; eff. August 10, 2006.Repealed: New Rule of same title adopted. F. Nov. 30, 2007; eff. Dec. 20, 2007.Repealed: New Rule of same title adopted. F. Dec. 8, 2008; eff. Dec. 28, 2008.Repealed: New Rule of same title adopted. F. May 26, 2009; eff. June 15, 2009.Repealed: New Rule of same title adopted. F. Jun. 15, 2011; eff. July 5, 2011.Amended: F. Sep. 5, 2014; eff. Sept. 25, 2014.