Current through Rules and Regulations filed through September 23, 2024
(1)
Certification required. No Program may operate without first being certified by the Department.
(2)
Management and control by owners, partners, or stockholders. Only certified owners, partners, and stockholders are authorized to exercise management and control over Program operations.
(3)
Application for Program Certification requirements.
(a) All applications for Program Owner shall be submitted on forms prepared by the Department, following the procedure prescribed by the Department.
(b) All applications for Program Owner shall be accompanied by all required materials and fees; and shall be truthful, accurate and complete.
(c) All Applicants must undergo a national and state fingerprint-based criminal background check utilizing a method prescribed by the Department.
(d) All Applicants for Program Owner shall submit to the Department the following materials in addition to the completed Program application:
1. A Consent for Background Investigation Form with notarized signatures from each Program Owner, partner, or stockholder;
2. Either a copy of the Program's Certificate of Incorporation from the State of Georgia Secretary of State's Office, a copy of the Program's Business License, or proof that the Program's adopted business (DBA) name has been filed with the Clerk of Superior Court in the county where the program is located, in accordance with O.C.G.A. §
10-1-490;
3. Proof of a continuous Surety Bond in the principal sum of $10,000 per Program location from a company authorized to conduct business in the State of Georgia indicating the Georgia Department of Driver Services as obligee. Where multiple Programs are owned by one entity, a single surety bond for all locations may be submitted reflecting an aggregate amount of $10,000 per Program location;
4. A certificate of occupancy from the local governing authority or fire code inspection report from a local, municipal, or state fire marshal showing no violations for each Program location and dated within 90 days of filing the Program application;
5. A copy of the Program's standard business hours and days of operation;
6. Each owner, partner, or stockholder certifies they will hold the identity of Student and Program records confidential as required on the program application.
(e) The Department shall conduct an on-site inspection of the Program location.
(f) The Department may require any Applicant for Program Owner Certification to submit additional information or verification that is reasonably related to making a determination regarding initial Program Certification.
(4)
Program Owner Recertification requirements.
(a) Once certified, a Program Owner shall remain certified for a period of up to four years, or as long as the Program Owner remains in compliance with Program Requirements.
(b) Applications for Program Owner recertification shall be submitted to the Department no more than 60 days, and no less than 30 days, prior to the expiration date of the existing Certification. Failure to adhere to this requirement shall lead to program expiration and disruption in program operations.
(c) Any Program Owner whose Certification has expired shall not conduct business until a completed recertification application has been submitted to and approved by the Department. If a Program Owner's Certification has expired, and remained expired for a period of more than one year, a new application is required and the Certification process, as outlined in this chapter and Ga. Comp. R. & Regs. R. 375-5-6-.04, shall be followed.
(d) The Department may require any Program Owner applying for recertification to submit additional information or verification that is reasonably related to making a determination regarding recertification.
(5)
Non-transferability of Certification. Any certification shall be nontransferable. In the event of a change of ownership, except in the case of a corporation unless there is a sale of the controlling interest, application for a new certification shall be made to the Department and the old certification surrendered to the Department before another can be issued to the new owner(s).
(6) If, within 90 days of the time that a person applies for issuance or renewal of their certification as a program owner, he or she has undergone a background investigation for issuance or renewal of his or her certification for another program regulated by the Department, he or she shall not be required to submit new fingerprints, and the Department shall utilize the criminal history information obtained from that investigation in considering the person's eligibility for issuance or renewal of his or her certification as a program owner.
(7) Presenting false material information on an application shall preclude any individual, partnership, or corporation from obtaining a certification and, if discovered after the issuance of the certification, shall be grounds for revocation.
O.C.G.A. §§
40-5-82, 40-5-83.
