Rule 375-5-1-.13 - Responsibility for Employees(1) No Driver Improvement Clinic shall employ or otherwise engage any individual to give classroom instruction unless the individual has a valid, current driver improvement instructor's certificate issued by the Department for the particular course(s) of instruction taught by the individual. (a) It shall be the duty and responsibility of each clinic owner to ensure all instructors associated with their clinic have met all requirements for licensure and have in their possession a valid instructor's certificate.(b) It shall be the duty of the clinic owner and/or the instructor to ensure that all students who attend are sober and free from the influence of drugs, are on time for all sessions of the course, maintain correct deportment while on the premises of the clinic, and that all student rescheduling for missed sessions by students are completed in 60 days. If courses are being taught via distance learning, this authority may be delegated to a proctor if a licensed instructor is not on site at the distance learning site.(2) Each Driver Improvement instructor and proctor employed by or associated with any Driver Improvement Clinic shall be deemed an agent of the clinic and the clinic shall share the responsibility for all acts performed by the instructor or proctor which are within the scope of his or her employment and which occur during the course of his or her employment.(3) The clinic shall immediately notify the Department in writing of the termination of an instructor for cause, indicating the name, address, and license number of the clinic and the instructor, the termination date and the alleged reason for termination.(4) The defensive driving courses will be taught in the following manner. The course will be held in 2 days with 3 hours of instruction per day or in 1 day with a 1 hour break after 3 hours of instruction. At the end of each instructional hour with the exception of the last hour taught per day, a ten minute break will be given. After 6 hours of instruction, certificates will be presented to students taking the 6 hour course. No clinic will extend any class beyond 11:00 p.m. for any reason.(5) The instructor or agent of the clinic will furnish each student who successfully completes the Driver Improvement Course requirements a Certificate of Completion (DMVS0014-CV) furnished by the Department.(a) The instructor or clinic owner shall not provide any student with a duplicate or new Certificate of Completion. The clinic may issue a replacement for these certificates on DMVS-584b titled "Lost Certificates" at a cost not to exceed $5.00 to the student.(6) If a certificate of completion is voided for any reason, it shall be the responsibility of the clinic to forward this voided certificate to the Department along with the roster for the class in which it would have been used.(7) The clinic shall be responsible for reimbursing the Department for the actual cost of printing the certificates of Completion (DMVS0014-CV) not to exceed ten cents per certificate, plus the actual cost of postage when requested to be sent by certified mail.(a) Each clinic will receive a bill from the Department regarding the expense incurred in distributing these requested certificates.(b) Payment shall be required prior to delivery of such certificates.(c) Payment shall be by certified check, cashier's check, company check or money order only.(8) A student with an acceptable excuse shall be enrolled in the next available course to cover the material missed because of an absence.(9) Each clinic shall maintain a current mailing address with the Department and shall be further required to check the mail each day for incoming correspondence.Ga. Comp. R. & Regs. R. 375-5-1-.13
O.C.G.A. Sec. 40-5-83.
Original Rule entitled "Responsibility for Employees" adopted. F. June 10, 2002; eff. June 30, 2002.Amended: F. Feb. 20, 2003; eff. Mar. 12, 2003.Amended: F. Sept. 18, 2003; eff. Oct. 8, 2003.