Ga. Comp. R. & Regs. R. 375-5-6-.04 - Qualifications of Program Owners

(1) Initial qualifications. To be certified by the Department, each Applicant for Program Owner shall meet the following initial qualifications:

(a) Clear criminal record. Each Applicant for Program Owner shall be subject to a fingerprint-based check of their criminal history, as designated by the Department, for review of any convictions. For the purposes of this chapter, a plea of nolo contendere and "first offender" sentences imposed pursuant to O.C.G.A. § 42-8-60, et seq., shall be considered a conviction.

1. Unless pardoned, an Applicant convicted of a felony shall be disqualified from Certification by the Department.

2. An Applicant convicted for a dangerous sexual offense or an offense against a victim who was a minor at the time of the offense shall be permanently disqualified from eligibility.

3. Unless pardoned, an Applicant with the following convictions shall be disqualified from Certification by the Department for a period of 10 years after release from custody or supervision:

(i) a crime involving violence; or

(ii) a crime of moral turpitude.

(b) Safe driving record. Each Applicant for Program Owner shall possess a valid driver's license from the state of their legal residence unless a medical condition makes them ineligible for a driver's license. Each Applicant for Program Owner shall be subject to a check of their driving history. No Person whose driver's license or privilege to drive has been suspended or revoked as the result of any conviction or combination of convictions during the five-year period of immediately preceding application for Certification shall be certified by the Department as a Program Owner.

(c) Freedom from substance abuse and illicit drug use. Each Applicant for Program Owner shall certify to the Department that he or she refrains, and will continue to refrain, from abusing alcoholic beverages or controlled substances and from using illicit drugs.

(d) Age. Applicants for Program Owner shall be at least 21 years of age.

(e) Completion of Program Owner training course. Applicants for Program Owner shall successfully complete a training course conducted by the Department within six months of the approval of the Program certification. Failure to complete this requirement shall result in the cancellation of the Program certification. The Department may set a fee to cover the cost of the course, which shall be paid by the Program.

(f) A minimum of a high school diploma or GED equivalent is required.

(2) Ongoing qualifications. Each Program Owner shall maintain the following qualifications, as applicable, on an ongoing basis:

(a) Continued clear criminal record. Each Program Owner shall maintain a criminal record free of felony or misdemeanor convictions or pleas. In addition, each Owner certified by the Department shall notify the Department if he or she pleads guilty or nolo contendere to, or is convicted of, any felony or misdemeanor within five business days immediately following such event. Further, each Program Owner certified by the Department shall, within five business days immediately thereafter, report to the Department any arrests, which, if convicted thereof, would have excluded him or her from becoming initially certified as a Program Owner pursuant to Ga. Comp. R. & Regs. R. 375-5-6-.04(1)(a). The Department may suspend, revoke, or cancel any Program Owner Certification upon receipt of notice of a conviction or arrest.

(b) Continued safe driving record. Each Program Owner shall continue to maintain a safe driving record during their period of Certification by the Department. Each Program Owner shall continue to possess a valid driver's license from the state of their legal residence, unless a medical condition makes them ineligible for a driver's license. Each Program Owner shall notify the Department, within five business days immediately thereafter, if their driver's license or privilege to drive is cancelled, suspended, or revoked in any jurisdiction, including the State of Georgia, for any reason. The Department may suspend, revoke, or cancel any Program Owner's Certification upon receipt of such notice of conviction.

Notes

Ga. Comp. R. & Regs. R. 375-5-6-.04

O.C.G.A. §§ 40-5-82, 40-5-83.

Original Rule entitled "Qualifications of Program Owners" adopted. F. July 24, 2009; eff. August 13, 2009. Amended: F. June 12, 2024; eff. July 2, 2024.