Rule 503-1-.37 - Enforcement of Probation Entity RequirementsThe 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: 1. Knowingly making any verbal or written false or misleading statement of material fact, or knowingly omitting to state a material fact in connection with a registration application or in connection with an inspection or investigation;2. Failing or refusing to provide council representatives with meaningful access to the probation entity premises, staff, offender records, including refusing to provide the council representatives with documents reasonably necessary to making a compliance determination;3. The applicant for registration approval having an overall poor record of compliance, including, but not limited to, denial of registration approval within the previous 12 months, registration revocation at any time in the past in this or any other state, or registration suspension within the previous two years;4. Changing ownership of a private probation entity in order to avoid or avert the denial, revocation, or suspension of registration;5. Altering or falsifying any probation entity records;6. Failing or refusing to remit required reports as outlined in these rules;7. Failing or refusing to comply with any of these rules and regulations, probation entity requirements or violating any law relating to the operation of a probation entity;8. Failing or refusing to abide by, or comply with, any order or directive issued by the council pursuant to its authority as provided by law or by these rules and regulations;9. Failing or refusing to properly supervise its officers, agents, or employees to the detriment of the public. The category of fine under part (c) of this section will be determined by the council based upon the egregiousness of the violation; and10. Committing any act or omission that the council, by a majority vote, finds to be contrary to the spirit of these rules and regulations or contrary to the public good.(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. 1. CMPAC staff shall notify the courts of significant delinquent practice(s) or criminal activity. In addition to the courts, the District Attorney (DA) and appropriate law enforcement agency of the jurisdiction wherein the criminal activity is suspected to have occurred shall be notified.(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: 1. CATEGORY I ($100 - $300). Violations involving probation entity operating requirements. This includes, without limitation, failure to maintain required records and documentation;2. CATEGORY II ($200 - $700). Violations involving noncompliance with probation entity registration requirements. This includes, without limitation, failure to submit required periodic reports and documents;3. CATEGORY III ($400 - $1,000). Violations involving fraud, providing false information or documents, failure to account or produce official court documents and reports, and any violations of the law as proved by a preponderance of the evidence.(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.Ga. Comp. R. & Regs. R. 503-1-.37
O.C.G.A. § 42-8-101(e)(6).
Original Rule entitled "Transfer of Probation Supervision" adopted. F. Jan. 17, 2001; eff. Feb. 6, 2001.Repealed: New Rule entitled "Private Probation Entity Advertising and Solicitation" adopted. F. Jan. 25, 2005; eff. Feb. 14, 2005.Repealed: New Rule entitled "Enforcement of Probation Entity Requirements" adopted. F. July 21, 2006; eff. August 10, 2006.Repealed: New Rule of same title adopted. F. Nov. 30, 2007; eff. Dec. 20, 2007.Repealed: New Rule of same title adopted. F. Dec. 8, 2008; eff. Dec. 28, 2008.Repealed: New Rule of same title adopted. F. May 26, 2009; eff. June 15, 2009.Repealed: New Rule of same title adopted. F. Jun. 15, 2011; eff. July 5, 2011.Amended: F. Sep. 5, 2014; eff. Sept. 25, 2014.