Rule 375-5-6-.02 - Definitions(1) Words, whenever used in this Chapter, shall have the same meaning as ascribed to them in Chapter 5 of Title 40 of the Official Code of Georgia Annotated, and any appellate decisions interpreting said verbiage, unless otherwise defined in the rule of which they are part.(2) The following words and phrases, whenever used in this Chapter, shall have the meaning ascribed to them in this section, unless otherwise defined in the rule of which they are part. (a) "Accredited college or university" - a postsecondary educational institution that is accredited by an accrediting agency or state approval agency recognized by the United States Department of Education Office of Postsecondary Education, or the successor agency thereof.(b) "Applicant" - any person who has made application to become a certified DUI Alcohol or Drug Use Risk Reduction Program Owner or Instructor but has not been certified.(c) "Assessment Component" - the standard screening instrument designated by the Department that is used by DUI Alcohol or Drug Use Risk Reduction Programs to screen for the extent of an individual's alcohol and drug use and its impact on driving.(d) "Cancellation" - the annulment or termination of a Certification by formal action of the Department because of some error or defect in the Certification, or because the certificate holder was not entitled to or is no longer entitled to such Certification. The cancellation of a Certification is without prejudice, and an application for a new Certification may be made at any time after such cancellation.(e) "Certification" - written authorization from the Department to any Owner or Instructor at a DUI Alcohol or Drug Use Risk Reduction Program, which allows the holder to operate or direct a program, or to provide instruction.(f) "Department" - the Department of Driver Services.(g) "Denial" - an official refusal of certification based on statutory or regulatory disqualifications and/or exclusions.(h) "Intervention Component" - the therapeutic education about alcohol and drug use and driving, and peer group counseling concerning alcohol and drug use given by a DUI Alcohol or Drug Use Risk Reduction Program over a period of at least 20 hours utilizing a methodology and curriculum approved by the Department.(i) "Instructor" - an individual who has been certified by the Department to instruct the Intervention Component of the DUI Alcohol or Drug Use Risk Reduction Program.(j) "Offender" - any person who may be required to enroll in a DUI Alcohol or Drug Use Risk Reduction Program, but who has not yet become a student at a particular program.(k) "Online Platform" - a digital service used to facilitate interactions between instructors and students via the internet.(l) "Owner" - any person who has a controlling interest and/or legal responsibility in a DUI Alcohol or Drug Use Risk Reduction Program.(m) "Policies and Procedures" - the directions, forms, and instructions established by the Department in order to implement these rules and regulations.(n) "Person" - any individual, agent, representative, governing or operating authority, board, organization, partnership, agency, association, corporation, or other entity, whether public or private.(o) "Program" - any DUI Alcohol or Drug Use Risk Reduction Program that is certified by the Department to deliver the Assessment and Intervention Components.(p) "Program location" - any location where a Student receives Program services in person.(q) "Program requirements" - any provision of state or federal law, rule, regulation, or operations guidelines of the Department; or administrative or judicial order that applies to programs or instructors.(r) "Rejection" - a dismissal of the application as a result of deficiencies including but not limited to the applicant submitting inaccurate information and/or not fulfilling application requirements.(s) "Remote Classroom" - a certified program's online classroom where synchronous instruction is provided by an Instructor.(t) "Revocation" - the termination of Certification by formal action of the Department for violation of rules or state laws. This Certification shall not be subject to renewal or restoration at the discretion of the Department.(u) "Satellite Location" - a certified program classroom that is separate from the main program location.(v) "Session" - a segment of the Intervention Component.(w) "Student" - any person who has signed an assessment contract, taken an assessment, signed an intervention contract, and taken the Intervention Component at a program.(x) "Suspension" - the temporary withdrawal of Certification by formal action of the Department for a specified period of time.(y) "Synchronous Instruction" - instructors and students interact using a specific online platform at a specific time.Ga. Comp. R. & Regs. R. 375-5-6-.02
O.C.G.A. §§ 40-5-82, 40-5-83.
Original Rule entitled "Organization" adopted. F. July 24, 2009; eff. August 13, 2009.Amended: F. June 12, 2024; eff. July 2, 2024.