24 Va. Admin. Code § 35-80-100

Current through Register Vol. 41, No. 8, December 2, 2024

Section 24VAC35-80-100 - Suspension or revocation of certification of an Alcohol Safety Action Program

A. The executive finance committee, for a period not to exceed 90 days, may suspend certification of an ASAP for the following reasons, including:

1. When an ASAP knowingly violates any state or federal law;

2. When an ASAP violates any requirements of the Commission on VASAP Certification Manual;

3. When an ASAP abuses access to the DMV system or any system created or co-created by the commission and provided to the ASAPs by the commission for use;

4. When an ASAP consistently fails to adhere to the case management operational guidelines;

5. When an ASAP violates law or commits an unethical act that negatively impacts the integrity of the state VASAP system;

6. When there is a pattern of ASAP noncompliance or customer service issues;

7. When the ASAP or an ASAP's policy board impedes, interrupts, disrupts, or negatively impacts an investigation conducted by the commission of the ASAP related to customer service issues, a violation of law, financial discrepancies of any form, unethical acts or any complaint brought forward by a third party;

8. When an ASAP attempts to conceal any source of income or financial assets owned by or in control of in whole or in part by the ASAP;

9. When an ASAP uses a treatment service provider that is not on the state approved treatment provider list without prior approval from the commission;

10. When an ASAP fails to cooperate, in any way, with the regional leadership team; or

11. When an ASAP fails to abide by the recommendations of the regional leadership team.

B. If a suspension of an ASAP occurs by the executive finance committee, the executive director may:

1. Prohibit the suspended ASAP from receiving any court referrals or from providing services for DMV administrative cases during the suspension period.

2. Eliminate ASAP access to the DMV system or any system created or co-created by the commission and provided to the ASAP by the commission for use.

C. In cases where the certification of an ASAP is suspended, the ASAP shall continue to provide services for all referrals received prior to the suspension date unless otherwise desired by the commission. The ASAP will not be permitted to receive referrals from the court or provide services for DMV administrative cases during the period of suspension unless otherwise approved by the commission.

D. In cases where an ASAP decides to dissolve on its own accord, the ASAP shall continue to provide services for all referrals received up until the date the ASAP communicates to the commission its intent to dissolve. The ASAP shall continue services for these referrals until all referrals are completed in a satisfactory manner as determined by the commission.

E. ASAPs that fail to meet the certification standards set forth in the Commission on VASAP Certification Manual and are not conditionally certified by the commission pursuant to 24VAC35-80-90 G shall have their certification revoked and shall be prohibited from receiving referrals for service from any court or providing services for DMV administrative cases indefinitely unless otherwise approved by the commission. If the certification of an ASAP is revoked, the ASAP shall be responsible for the continued monitoring of referrals received and all duties normally entailed prior to the revocation of certification until all referrals are properly managed and permanently closed, unless otherwise approved by the commission.

24 Va. Admin. Code § 35-80-100

Derived From Virginia Register Volume 39, Issue 20, eff. 6/21/2023.

Statutory Authority: § 18.2-271.2 of the Code of Virginia.