Ga. Comp. R. & Regs. R. 375-5-6-.03 - Exclusions

(1) No employee of the Department, the Department of Behavioral Health and Developmental Disabilities, or any immediate family member to include but not limited to a spouse, child, stepchild, parent, or stepparent of such employee, shall be an owner, operator, instructor, or employee of a Program.

(2) No judge, public or private probation officer, public or private probation employee or agent, bail bondsman, employee or agent of a bonding company, law enforcement or peace officer, employee of a court in this or any or any other state, or any immediate family member to include but not limited to a spouse, child, stepchild, parent, or stepparent of such employee thereof, except for such persons who were and have been continuously certified as of June 30, 2015, shall be an owner, operator, instructor or employee of a Program.

(3) No Person who owns, manages, operates, or is employed by a private company that has contracted to provide probation services for misdemeanor cases shall be an owner, operator, instructor, or employee of a Program.

(4) No Person shall be certified by the Department if his or her Certification as a Program Owner or Instructor could pose an actual, potential, or implied conflict of interest due to the existence of any relationship that would place such Person in a position to exert undue influence on, exploit, take undue advantage of, or breach the confidentiality of any Student or Offender.

(5) No Person who is neither a United States citizen nor a non-citizen who is lawfully present in the United States shall be certified by the Department as a Program Owner or Instructor.

(6) Any Program Owner or Instructor shall notify the Department if he or she has a change in their immigration status that creates an exclusion as defined in this chapter within five business days immediately following such event. The Department may suspend, revoke, or cancel any Program Owner or Instructor Certification upon receipt of such notice.

(7) Any Program Owner or Instructor shall notify the Department if he or she, or their spouse, child, stepchild, or parent has a change in employment status that creates an exclusion as defined in this chapter within five business days immediately following such event. The Department may suspend, revoke, or cancel any Program Owner or Instructor Certification upon receipt of any such notice.

Notes

Ga. Comp. R. & Regs. R. 375-5-6-.03

O.C.G.A. §§ 40-5-82, 40-5-83.

Original Rule entitled "Exclusions" adopted. F. July 24, 2009; eff. August 13, 2009. Amended: F. Mar. 25, 2014; eff. Apr. 14, 2014. Amended: F. June 12, 2024; eff. July 2, 2024.