Compilation of Rules and Regulations of the State of Georgia
Department 125 - BOARD OF CORRECTIONS
Chapter 125-4 - INSTITUTIONAL, CENTER, AND PROGRAM SERVICES
Subject 125-4-9 - FAMILY VIOLENCE INTERVENTION PROGRAM
Rule 125-4-9-.12 - Enforcement of FVIP Requirements

(a) Grounds for denial, suspension, revocation of certification, or assessment of an administrative fine. The Department may base the denial, suspension, revocation of certification, or assessment of an administrative fine upon any of the following applicable grounds:

(b) Choice of revocation or suspension of certification, or the assessment of an administrative fine. The Department, in its discretion, may choose whether to impose suspension or revocation of certification, or the assessment of an administrative fine against an FVIP. In considering which to impose, the Department may consider the FVIP's history of compliance, the seriousness of the violations, whether the FVIP voluntarily reported problems giving rise to any violation, and whether the FVIP exhibited good faith efforts to correct areas of noncompliance prior or subsequent to their discovery by the Department.

(c) 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.

(d) Effectuation of suspension or revocation. If suspension or revocation of certification is imposed in accordance with the provisions of Sec. 50-13-18 of the Georgia Administrative Procedures Act, the FVIP must return said certification to the Department. The certification must be returned within ten days of the FVIP's receipt of the notification of the Department's final decision regarding suspension or revocation. The suspension or revocation becomes effective on the date indicated by the Department's order, but no time will be credited to the period of suspension or revocation until the affected certificate(s) have been received by the Department. 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.

(e) Reapplying for certification after revocation. A program that has had its certification revoked may not reapply for certification for 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.