Rules and Regulations

Rules and Regulations for Chapter 375-5-1

375-5-1-.16 Qualifications of Instructors. Amended.

(1) Only qualified people may instruct in a Driver Improvement Clinic.

(a) Every applicant must possess a high school diploma or GED.

(b) The Department shall consider the experience and moral character of the applicant and may require letters of recommendation from upstanding members of the community to be served.

(c) Presenting false material information on an application shall preclude any individual from obtaining a license and, if discovered after the issuance of the license, shall be grounds for cancellation or revocation of that license.

(2) Every Driver Improvement instructor shall be a person of good moral character, and at least twenty-one (21) years of age. No person with a conviction of a felony or any other crime involving violence or a crime of moral turpitude, or a pattern of misdemeanors that evidences a disregard for the law, will be licensed unless he or she has received a pardon and can produce evidence of same. For the purposes of this subparagraph, a plea of nolo contendere shall be considered to be a conviction. For the purposes of this subparagraph, a conviction for which a person has been free from custody and free from supervision for at least ten years will not be considered, unless the conviction is for an offense which is a dangerous sexual offense as defined in O.C.G.A. §42-1-12 or the criminal offense was committed against a victim who was a minor at the time of the offense.

(3) Every instructor shall have a valid driver's license to operate a motor vehicle unless otherwise approved by the Department before applying for a Driver Improvement Instructor's Certificate.

(4) No applicant will be approved who has had his driver's license suspended for any reason or who has pled guilty, had a bond forfeiture, or pled nolo contenders for any mandatory suspension offense within one (1) year prior to making application.

(5) No applicant will be approved whose driver's license has been suspended two or more times or has pled guilty, had a bond forfeiture, or pled nolo contenders to two or more mandatory suspension offenses within five (5) years prior to making application.

(6) Every applicant must make application on a form prepared by the Department.

(7) Every application shall be accompanied by two (2) sets of fingerprints of each digit of the right and left hands, an affidavit from a state, county, or city officer qualified to make such fingerprints that the fingerprints are those of the applicant and a processing fee for the actual cost of processing for each set of fingerprint cards.

(8) Every application shall be accompanied by one (1) photograph of the applicant. The photograph shall have been taken within thirty (30) days of the date of filing the application and show a full view of the face, neck, shoulders, and uncovered head.

(9) Every application shall be accompanied by an official transcript or diploma from an accredited college, junior college, high school, or GED equivalent indicating that the applicant has successfully completed the requirements and received a degree, diploma, or GED certificate, as appropriate, from such institution.

(10) Every applicant must successfully complete the Department's Driver Improvement Program Instructor Training Course for the curriculum to be utilized by the instructor. In order to successfully complete the course, the applicant must have an overall score of 70 points out of a possible 100 points.

(11) The instructor's certificate will expire four (4) years from the date of issuance.

(12) Application from renewal of an instructor's certificate shall be made on a form prepared by the Department and submitted at least thirty (30) days prior to the date of expiration. Each renewal application shall be accompanied by one (1) photograph taken within thirty (30) days of the date of filing the renewal application.

(13) Instructors who allow their instructor's certificate to expire will not be permitted to instruct a Driver Improvement Clinic under any condition during the period in which the certificate is in an expired state.

(14) Any person whose instructor's certificate has not been renewed within a one (1) year period after expiration must re-qualify for a new instructor's certificate pursuant to the rules and regulations then applicable.

(15) Every original application for an instructor's certificate must be accompanied by an application fee of one hundred ($ 100.00) dollars payable as prescribed in these Rules and Regulations.

(16) Each license must be renewed in the manner prescribed by the Department. The fee for such renewal shall be fifty ($ 50.00) dollars payable as prescribed in these Rules and Regulations.

(17) The Department may, after receipt of a completed application, issue a temporary instructor permit, pending completion of a background investigation of the applicant. Said permit shall expire on the ninety-first (91st) day following issuance, unless the application is denied, in which case the permit shall be deemed to have been revoked by operation of law. No additional fee will be charged for this permit.

 

Authority: O.C.G.A. Sec. 40-5-83
Filed Date: 9/3/2009
Effective Date: 9/23/2009