Georgia Administrative Code

(1) Doctors of Chiropractic may utilize, in conjunction with adjustments, electrical and therapeutic modalities. (a) Each chiropractor, who utilizes electrical and therapeutic modalities as listed in O.C.G.A. § 43-9-16(b), must be certified as required in Code Section 43-9-16(c).…

All rules and regulations in effect upon the transfer of power, duties and functions to the Board of Community Supervision that specifically relate to Georgia Department of Corrections probation supervision, Board of Pardons and Parole community supervision, Department of Juvenil…

The Misdemeanor Probation Oversight Unit (MPOU) of the Department of Community Supervision shall regulate entities and individuals that provide probation supervision services and administer laws and rules related to misdemeanor probation. The MPOU is located at 2 Martin Luther Ki…

The Misdemeanor Probation Oversight Unit (MPOU) is authorized to register misdemeanor probation entities and individuals, conduct audits to determine compliance, and investigate potential violations of laws and/or rules. There shall be a director of the Misdemeanor Probation Over…

(a) "Commissioner" means the Commissioner of the Department of Community Supervision. (b) "Director" shall mean the director of Misdemeanor Probation Oversight for the Department of Community Supervision. (c) "Entity Director" shall mean the director of a probation entity. (d) "G…

All probation entities or individuals are required to submit registration to and be approved by MPOU, as well as re-register as often as necessary to maintain current, up-to-date information. Registration is required to be approved prior to engaging in or providing services to a …

No probation entity may operate without first registering and being approved by MPOU as set forth herein. (a) Registration application. All registration applications must be submitted as required and approved by MPOU, and must be truthful, accurate, and complete. (b) Initial appr…

No individual will provide services to probation entities without first registering and being approved by MPOU as set forth herein. (a) Registration application. Registration applications for all individuals are required to be submitted as required and approved by MPOU, and must …

(a) No probation entity nor any individuals of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article. (b) No probation entity nor its individuals shal…

(a) Private and Governmental Probation Service Agreement. All owners and/or entity directors are required to enter into a written service agreement with the local governing authority for each court that it plans to provide misdemeanor probation supervision services to. Each servi…

All individuals who provide service to probationers, or has access to probation records, or who has telephone or face-to-face contact with probationers under Georgia supervision, or access to probationer data, is required to be registered and approved by MPOU, to sign a confident…

All individuals of a probation entity are required to have a criminal background check completed by the Department of Community Supervision in accordance with O.C.G.A. § 35-3-34. MPOU may also require criminal records checks at any point during employment, registration, complianc…

In addition to meeting all other requirements, probation entities and individuals are responsible for the following: (a) Providing services for the supervision, and collection of court-ordered fines of probationers assigned to the probation entity by the court in accordance with …

The primary objective of the MPOU training curriculum is to ensure that individuals receive sufficient training to enable them to provide probation services that are professional, competent and in compliance with all laws and the DCS rules. To satisfy the training requirements, e…

All probation entities shall provide the judge and MPOU with a quarterly probation entity activity report in such detail as the judge and MPOU may require. (a) Probation entity quarterly activity reports shall be submitted within 15 30 days after the close of each calendar quarte…

Each probation entity must maintain the following records for the period required by law at no less than three years and the records must be available and accessible for inspection by the affected county, municipality, consolidated government, the court, the Department of Audits …

No probation entity or individual shall assess or collect from a probationer or disburse any funds, except as authorized by written order of the court, as authorized by the written service agreement, or as required by State law. (a) A current schedule and priority of all probatio…

Probation case supervision may be transferred from one probation entity to another with the approval of the court of original jurisdiction and/or as provided by Interstate Compact. (a) The Sending Probation Entity. The sending probation entity will be responsible for contacting t…

In the event a probation entity becomes associated with another corporation, enterprise or agency, or becomes consolidated with another government, whether through acquisition, merger, sale or any other such transaction, that probation entity shall inform MPOU of such change with…

Any probation entity that solicits business is required to meet the following requirements: (a) Any advertisement must contain the full name of the probation entity; (b) No probation entity may advertise in any manner that is false or misleading, nor may any advertisement make an…

MPOU is authorized and empowered to conduct audits, inspections, and investigations of probation entities and individuals to determine and monitor compliance with requirements. (a) Audits and inspections may be conducted at any site, location, or place, and may be initiated any t…

MPOU in addition to other sanctions shall have the authority to deny, suspend, and revoke the registration approval of a probation entity for noncompliance with any applicable laws or rules. MPOU shall also have the authority to revoke existing registration if an entity fails or …

When the Misdemeanor Oversight Unit Director finds that a violation of laws or these rules has taken place, the Director may take any one or more of the following actions: (a) Administer a reprimand to the entity or individual. (b) Suspend for a fixed period of time the entity or…

Upon a finding that a violation has occurred, MPOU shall send a letter by certified mail to the probation entity or individual, specifically noting the alleged violations. (a) The probation entity or individual shall have 15 days from the date of such letter in which to submit an…

In the event that any rule, sentence, clause or phrase of any of these rules and regulations may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional, or otherwise unenforceable, such determination or adjudication shall in no manner affect …

All probation entities and individuals affiliated with misdemeanor probation supervision are expected to conduct themselves in a professional manner and adhere to all applicable statutes and regulations. Citizens may file a complaint with MPOU. All complaints will be investigated…

The Board of Community Supervision, in partnership with the Georgia Department of Community Supervision and the Georgia Commission on Family Violence, adopted these rules governing family violence intervention programs. The Board of Community Supervision is located at 2 Martin Lu…

These rules shall be known as the Rules for Family Violence Intervention Programs. The purpose of the rules is to provide for the administration and certification of Family Violence Intervention Programs and Facilitators by the Department of Community Supervision through standard…

(1) "Candidate" means an individual who has been ordered or self-referred to complete a Family Violence Intervention Program and is currently attempting to enroll. (2) "Certification fee" means the fee assessed by the Commission to process and consider an application for FVIP Pro…

(1) Any person who owns or operates an FVIP or facilitates FVIP classes in Georgia must be certified by the Commission pursuant to the requirements set forth in these rules. The failure or refusal to apply for and maintain certification shall subject the person, including a previ…

(1) Initial Facilitator Certification Requirements. (a) Facilitator Training Requirements. Applicants shall provide proof of completing the following training requirements within two (2) years of applying for certification: 1. FVIP Informational Session. An applicant for an FVIP …

(1) Initial FVIP Certification. (a) Program Owner Certification Training Requirements. 1. FVIP Informational Session. An applicant for a Program Owner certification must attend an Informational Session and submit a signed authorization for the Commission to conduct background che…

(1) Program Intake Orientation Requirements. (a) Certified Facilitators or authorized program staff will conduct an intake orientation with candidates. The intake orientation shall not count toward the twenty-four (24) class requirement. The intake orientation must include review…

(1) Monthly Reporting and Payment Requirements to the Commission. (a) FVIPs shall report to the Commission the following information by the tenth (10) day of the month through the Commission-designated reporting system: 1. New and updated locations where classes are being held. 2…

(1) All FVIPs shall maintain and comply with a Commission-approved written curriculum. Written curricula must follow an educational model and include content for weekly sessions. FVIPs shall make all written curriculum used for classes available to the Commission and victim liais…

(1) The following intervention practices are specifically prohibited in FVIPs: (a) Any intervention approach that blames the victim or suggests that the victim's actions or behavior are responsible for the participant's conduct; (b) Any intervention approach that treats the viole…

(1) Approval of Training. The Commission shall approve all training used to fulfill FVIP facilitators' training requirements for initial certification and recertification. (2) Training Application Process. To be considered for approval to offer FVIP training, the following items …

(1) Monitoring Site Visits. FVIPs shall allow scheduled and unscheduled monitoring visits by Commission staff and/or designated monitors. Monitoring may consist of both administrative review and class observation. Monitoring visits may include audio recordings of FVIP classes to …

(1) The Department has the authority to deny, suspend, and revoke certification of an FVIP Provider and/or Facilitator for noncompliance with these rules. Additionally, the Department shall have the authority to issue a notice of deficiency, suspend classes and other FVIP-related…

All Enforcement actions resulting from the enforcement Chapter shall be administered in accordance with Chapter 13 of Title 50 of the Official Code of Georgia, the "Georgia Administrative Procedures Act." The Department shall notify the FVIP program and/or facilitator or program …

In the event that any rule, sentence, clause or phrase of any of these rules and regulations may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional, or otherwise unenforceable, such determination or adjudication shall in no manner affect …

(1) The Department of Community Affairs was created by a General Act of the General Assembly entitled the "Georgia Department of Community Affairs Act" No. 233, Georgia Laws 1977, as amended. (2) The Department was created to meet the need of fulfilling the State's responsibiliti…

(1) The executive office is composed of the Commissioner and his staff and is responsible for staff services to the Board of Community Affairs as well as executing the Board's policy through the various Divisions of the Department. (2) The Administrative Division provides budgeti…

Pursuant to Article 2 of Chapter 11 of Title 17 of the O.C.G.A., these rules provide a procedure for fiscal relief for counties experiencing costs in excess of five percent of their adjusted annual revenues for the prosecution of one or more capital felony cases. (a) A capital fe…

The Clerk of the Superior Court of an eligible county shall submit a Statement of Expenses, attested to by the Chief Executive Officer of the county, to the Commissioner of Community Affairs in order to apply for reimbursement for eligible capital felony costs incurred during the…

Reimbursement payments for eligible capital felony expenses will be made to each county incurring such expenses. The payments will be made during the second quarter of a calendar year for expenses incurred during the immediately preceding calendar year. A reimbursement request mu…