Rule 125-4-9-.05 - Initial Program Certification(a)Initial Certification. Upon receipt of all required application materials the Commission will undertake a review of the application materials for purposes of determining whether the program meets all certification requirements. If the Commission determines that the program meets all program certification requirements and the standards for course content and qualifications of instructors, the Commission shall certify the program.(b)Revocation of Certification. Once certified, the failure of an FVIP to begin holding classes within six months of certification and to continuously operate in compliance with these rules and regulations (with no more than a three month break in instruction) will result in revocation of certification.(c)Denial of Initial Certification. Initial certification will be denied if: (1) The program provider fails to agree in writing to submit reports and fees as required in these regulations and to allow the examination and audit of the books, records, and financial statements of the program or its authorized agent; or(2) The owner of a program fails to agree in writing to pay to the state the fees established by Rule 125-4-9-.04(a)(2) and Rule 125-4-9-.04(a)(3); or(3) The program fails to meet program certification requirements, including but not limited to, standards for course content and qualifications of instructors.(d)Notice of Denial of Initial Certification. The Department will advise the applicant who is denied program certification, in writing, of the reasons for its decision to deny program certification. The applicant will then have twenty days from the date of the Department's denial of certification to submit additional documentation or otherwise complete the application as may be required by the Department. If the applicant again fails to demonstrate compliance with all certification requirements the Department shall deny certification.(e)Ongoing Certification. Once initially certified, an FVIP will remain certified for a period of two years so long as the FVIP's certification is not suspended or revoked by the Department. The Department may require any program applicant or FVIP to submit additional information or verification that is reasonably related to making a determination regarding initial certification or continued compliance with program requirements.(f)Non-transferability of Certification. Certification of an FVIP is not transferable. If there is a change in FVIP ownership, applications for new (initial) certifications must be submitted to the Department by the proposed program provider at least 60 days prior to the effective date of any change in program ownership. All new program providers must meet all certification requirements. New program providers must return the old program certificate to the Department prior to receiving a new certificate.Ga. Comp. R. & Regs. R. 125-4-9-.05
Ga. Constitution 1982, Art. XI, Sec. 1, Par. I, (b), O.C.G.A. Secs. 42-2-11, 42-5-55.
Original Rule entitled "Initial Program Certification" adopted. F. Apr. 3, 2003; eff. Apr. 23, 2003.