Compilation of Rules and Regulations of the State of Georgia
Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL
Chapter 503-1 - PROBATION SERVICES
Rule 503-1-.37 - Enforcement of Probation Entity Requirements
Current through Rules and Regulations filed through March 20, 2024
The council shall have the authority to deny, suspend, and revoke the registration approval of a probation entity for noncompliance with requirements. Additionally, it shall have the authority to issue a written reprimand or assess administrative fines against any probation entity for noncompliance with requirements. In considering which sanction to impose, the council shall consider the probation entity's history of compliance, the seriousness of the violations, whether the probation entity voluntarily reported problems giving rise to any violation, and whether the probation entity exhibited good faith efforts to correct areas of noncompliance prior or subsequent to their discovery by the council.
(a) Grounds for denial, suspension, revocation, reprimand or assessment of administrative fines. The council may base the denial, suspension, revocation, or assessment of an administrative fine upon any of the following applicable grounds:
(b) Written reprimand or warning. The council in its discretion may choose to issue a written notice of noncompliance to probation entities for minor or first-time violations of requirements.
(c) Administrative fines. The council has the authority to assess an administrative fine, not to exceed $1,000 per violation, against any probation entity that fails to comply with any probation entity requirement. Payments of assessed fines are to be made to the council within 30 days after notice of assessment. All fine monies collected by the council will be remitted to the state general treasury. In determining the amount of the fine, the council may consider the seriousness of the violation, whether the same or any other probation entity requirement has been violated previously by the same probation entity owner, director, agent or employee, and whether procedures designated to prevent the violation were in place and were followed. When the council determines that a fine will be imposed, violations will be categorized based on the following and will rest on whether the same or similar violation has previously been cited:
(d) Revocation or suspension. The council, in its discretion, may choose whether to impose suspension or revocation against a probation entity. If suspension or revocation of registration approval is imposed in accordance with the provisions of OCGA § 50-13-18 of the Georgia Administrative Procedure Act, the revocation or suspension becomes effective on the date indicated by the council's order. Upon the termination of any period of suspension, and upon a showing that the probation entity has achieved full compliance with requirements and reinstatement requirements, the council shall reissue the registration approval. However, nothing in these rules shall be construed to prevent the council from denying probation entity registration approval prior to any hearing on such action.
(e) The council shall notify all courts served by the probation entity of any sanction imposed upon the entity for violating these rules and regulations.
(f) The council shall have the authority to take emergency action against a probation entity to immediately suspend its registration approval should the council find that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, in which case summary suspension of a registration may be ordered pending a proceeding for revocation or other action under the Administrative Procedures Act, OCGA § 50-13-18(c)(1), which proceeding shall be promptly instituted and determined.
(g) Pre-hearing conference. Prior to appearing before council, a pre-hearing conference may be held. The entity and its counsel, if any, a member of the Council's staff and an Assistant Attorney General may participate. The purpose of the conference is to discuss any issues in dispute and to provide the parties an opportunity to present any additional matters relevant to the alleged violations.
(h) Appearance before council. Prior to appearing before council as a result of an investigation, the Council/staff shall serve the affected entity with a notice to appear that contains a summary of the allegations, investigative findings, and alleged violations of rule or law.
O.C.G.A. § 42-8-101(e)(6).