Rules and Regulations

Rules and Regulations for Chapter 375-5-6

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” means 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” means any person who has made application to become a certified DUI Alcohol or Drug Use Risk Reduction Program Owner, Director, or Instructor, but has not been certified.

(c) "Assessment Component" means the standard screening instrument designated by the Department that is used by a DUI Alcohol or Drug Use Risk Reduction Program to screen for the extent of an individual's alcohol and drug use and its impact on driving.

(d) “Cancellation” means 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" means written authorization from the Department to any Owner, Director, or Instructor at a DUI Alcohol or Drug Use Risk Reduction Program, which allows the holder thereof to operate or direct a Program, or to provide instruction.

(f)"Department" means the Department of Driver Services

(g) “Director” means any person designated in writing by the Program Owner(s) and certified by the Department to manage and control the overall operation of a DUI Alcohol or Drug Use Risk Reduction Program, including managing the day-to-day operations, supervising all employees and instructors, establishing policies and procedures, ensuring compliance with same, overseeing and ensuring compliance with program requirements, and ensuring compliance with all other legal requirements. Each program must have at least one designated director. The director may be an owner or a person designated by the owner(s).

(h)  “Intervention Component" means 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 twenty (20) hours utilizing a methodology and curriculum approved by the Department.

(i) "Instructor" means 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" means 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) "Operations Guidelines" mean the directions, forms, formats and guidelines formulated by the Department in order to implement these rules and regulations.

(l) "Owner" means any person who has a financial interest in a DUI Alcohol or Drug Use Risk Reduction Program.

(m) "Person" means any individual, agent, representative, governing or operating authority, board, organization, partnership, agency, association, corporation, or other entity, whether public or private.

(n) "Program" means any DUI Alcohol or Drug Use Risk Reduction Program that is certified by the Department to deliver the Assessment and Intervention Components.

(o) "Program location" means any location where a Student receives Program services.

(p) "Program requirements" mean 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. Program requirements specifically include compliance with anti-discrimination laws and rules and regulations.

(q) "Revocation" means the termination of Certification by formal action of the Department, which Certification shall not be subject to renewal or restoration, except that an application for new Certification may be presented to and acted upon by the Department after the expiration of the applicable period of time prescribed by the Department.

(r) "Session" means a segment of the Intervention Component.

(s) "Student" means any person who has signed an assessment contract, taken an assessment, enrolled in, or taken the Intervention Component at a Program.

(t) "Suspension" means the temporary withdrawal of Certification by formal action of the Department; which temporary withdrawal shall be for a period specifically designated by the Department.

 

Authority: O.C.G.A. ยงยง 40-5-82 and 40-5-83.
Filed Date: 7/24/2009
Effective Date: 8/13/2009