Rule 375-5-6-.29 - Enforcement of Program Requirements(1) The Department shall have the authority to deny, cancel, suspend, or revoke the Certification of any Program or Program Owner, Director, or Instructor for noncompliance with the Rules and Regulations of the Department; or assess administrative fines against any Program for noncompliance with the Rules and Regulations of the Department.(2)Choice of Revocation or Suspension. The Department, in its discretion, may choose whether to impose Suspension or Revocation against a Program or Instructor. In considering which to impose, the Department may consider the Program or Program Owner, Director, or Instructor's history of compliance; the seriousness of the violations; whether the Program or Program Owner, Director, or Instructor voluntarily reported to the Department problems giving rise to any violation; and whether the Program or Program Owner, Director, or Instructor exhibited good faith efforts to correct areas of noncompliance prior or subsequent to their discovery by the Department.(3)Administrative fines. The Department has the authority to assess an administrative fine, not to exceed $1,000.00 per violation, against any Program or Program Owner, Director, or Instructor that fails to comply with any Program requirement. In determining the amount of the fine, the Department may consider the seriousness of the violation, whether the same or any other Rule or Regulation has been violated previously by the same Program or Program Owner, Director, or Instructor, and whether procedures designated to prevent the violation were in place and were followed.(4)Effectuation of Suspension or Revocation. Any Program whose Certification is canceled, suspended, or revoked by the Department shallreturn its Certification and unused certificates of completion to the Department within five (5) business immediately following such event.Ga. Comp. R. & Regs. R. 375-5-6-.29
O.C.G.A. Secs. 40-5-83, 40-5-88, 50-13-18.
Original Rule entitled "Enforcement of Program Requirements" adopted. F. July 24, 2009; eff. August 13, 2009.