Ga. Comp. R. & Regs. R. 375-5-6-.07 - Program Application, Certification, and Recertification Requirements
(1)
Certification required. No
Program may operate without first being certified by the Department .
(2)
Management and control by owners,
partners, or stockholders. Only certified owners, partners, and
stockholders are authorized to exercise management and control over Program
operations.
(3)
Application
for Program Certification requirements.
(a) All applications for Program Owner shall
be submitted on forms prepared by the Department , following the procedure
prescribed by the Department .
(b)
All applications for Program Owner shall be accompanied by all required
materials and fees; and shall be truthful, accurate and complete.
(c) All Applicants must undergo a national
and state fingerprint-based criminal background check utilizing a method
prescribed by the Department .
(d)
All Applicants for Program Owner shall submit to the Department the following
materials in addition to the completed Program application:
1. A Consent for Background Investigation
Form with notarized signatures from each Program Owner , partner, or
stockholder;
2. Either a copy of
the Program 's Certificate of Incorporation from the State of Georgia Secretary
of State's Office, a copy of the Program 's Business License, or proof that the
Program 's adopted business (DBA) name has been filed with the Clerk of Superior
Court in the county where the program is located, in accordance with O.C.G.A. §
10-1-490;
3. Proof of a continuous Surety Bond in the
principal sum of $10,000 per Program location from a company authorized to
conduct business in the State of Georgia indicating the Georgia Department of
Driver Services as obligee. Where multiple Programs are owned by one entity, a
single surety bond for all locations may be submitted reflecting an aggregate
amount of $10,000 per Program location ;
4. A certificate of occupancy from the local
governing authority or fire code inspection report from a local, municipal, or
state fire marshal showing no violations for each Program location and dated
within 90 days of filing the Program application;
5. A copy of the Program 's standard business
hours and days of operation;
6.
Each owner , partner, or stockholder certifies they will hold the identity of
Student and Program records confidential as required on the program
application.
(e) The
Department shall conduct an on-site inspection of the Program
location .
(f) The Department may
require any Applicant for Program Owner Certification to submit additional
information or verification that is reasonably related to making a
determination regarding initial Program Certification .
(4)
Program Owner Recertification
requirements.
(a) Once certified, a
Program Owner shall remain certified for a period of up to four years, or as
long as the Program Owner remains in compliance with Program
Requirements .
(b) Applications for
Program Owner recertification shall be submitted to the Department no more than
60 days, and no less than 30 days, prior to the expiration date of the existing
Certification . Failure to adhere to this requirement shall lead to program
expiration and disruption in program operations.
(c) Any Program Owner whose Certification has
expired shall not conduct business until a completed recertification
application has been submitted to and approved by the Department . If a Program
Owner 's Certification has expired, and remained expired for a period of more
than one year, a new application is required and the Certification process, as
outlined in this chapter and Ga. Comp. R. & Regs. R.
375-5-6-.04, shall be
followed.
(d) The Department may
require any Program Owner applying for recertification to submit additional
information or verification that is reasonably related to making a
determination regarding recertification.
(5)
Non-transferability of
Certification . Any certification shall be nontransferable. In the event
of a change of ownership, except in the case of a corporation unless there is a
sale of the controlling interest, application for a new certification shall be
made to the Department and the old certification surrendered to the Department
before another can be issued to the new owner (s).
(6) If, within 90 days of the time that a
person applies for issuance or renewal of their certification as a program
owner , he or she has undergone a background investigation for issuance or
renewal of his or her certification for another program regulated by the
Department , he or she shall not be required to submit new fingerprints, and the
Department shall utilize the criminal history information obtained from that
investigation in considering the person 's eligibility for issuance or renewal
of his or her certification as a program owner .
(7) Presenting false material information on
an application shall preclude any individual, partnership, or corporation from
obtaining a certification and, if discovered after the issuance of the
certification , shall be grounds for revocation .
Notes
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