Staying In Compliance PRI Summer Conference 2018 · 2019-10-09 · Tunnizia Weston, Manager...

transcript

Staying In Compliance

PRI Summer Conference 2018

GEORGIA DEPARTMENT OF DRIVER SERVICES June 14, 2018

GOALS AND OBJECTIVES

Goal(s)/ Description of Course:

This session is designed to provide attendees with an overview of topics and information related to maintaining compliance with DDS Rules and Regulations.

Learning Objective(s):

► Verbalize and identify key rules and regulations that foster an atmosphere of compliance

► Discuss methods for enforcement of DDS Rules and Regulations

► Describe and explain how to utilize the Regulatory Compliance staff support system

TOPICS

► What’s New

► Applications

► ADE Assessments

► Audits

► Adverse Actions

► Ignition Interlock

► Regulatory Compliance Division Support System

► Review

DDS 2 GO Available NOW!

Easy Access to Driver’s Record

▪ Personal Info

▪ Points/ Suspensions

▪ Citations

▪ Renewal Notices

▪ Changes in Driver Status

Push Notifications

New Laws and Regulations

Online Transactions

OCRA Certificate Validation

TEXTING AND CELL PHONE USE WHILE

DRIVINGBeginning July 1, 2018, Georgia has a new Hands

Free Law (HB673) that mandates:

Drivers (any age, any license type) are not

allowed to hold or support a phone for any

reason

Drivers may not text, e-mail or use the Internet

Drivers may not watch or record movies or videos

A phone can only be used with headphones, a

wireless device, phone holder or mounted device

TEXTING AND CELL PHONE USE WHILE

DRIVINGExceptions:

Voice based communication automatically converted to written message

Navigation/GPS

Continuous recording/broadcasting such as dash cams

Penalties:

1st conviction – 1 point and up to $50.00 fine

2nd conviction – 2 points and up to $100.00 fine

3rd or more convictions – 3 points and up to $150.00 fine

PROGRAM STATISTICS

276 Certified Risk

Reduction Programs

May - 2018

257 Certified Program

Owners

May - 2018

229 Certified Program Directors

May - 2018

768 Certified Risk

Reduction Instructors

May - 2018

REINSTATEMENT DATA

FY2014 FY2015 FY2016 FY2017 FY2018

1st DUI 23,623 22,350 20,788 21,172 17,737

2nd DUI 3,945 4,033 3,611 3,815 3,137

3rd DUI 455 466 455 518 441

TOTAL 28,023 26,849 24,854 25,505 21,315

Refusals 5,340 5,169 5,317 4,724 3,268

ALS 10,812 9,635 8,234 7,974 5,958

GEORGIA APPLICANT PROCESSING

SYSTEM (GAPS)

Cogent is now Gemalto

Select GA

▪ Select Department

of Driver Services

▪ The Reason should

always match the

program for which

you are applying

https://www.aps.gemalto.com/index.htm

APPLICATIONS

Program, Director and Instructor Recertification:

Certification is valid for 4 years

If certification expires, cannot operate, direct or instruct until recertification

has been completed

If the certification has expired over 1 year, a new application is required

Apply 30 - 90 days prior to expiration

Background Check:

Must be fingerprinted and provide a Consent for Background check

If a background check has been completed within the previous 6 months

for another certification, new fingerprints are not required

APPLICATIONS

Continuing Education Units:

Director must complete 16 hours of continuing education courses

Instructor must complete 32 hours of continuing education courses

▪ 4 classes must be taught during the 4 year certification period

▪ Verification is required

Surety Bond:

Proof of a continuous Surety Bond in the principal sum of $10,000 per

certified program from a company authorized to conduct business in the

State of Georgia indicating the Georgia Department of Driver Services as

obligee.

APPLICATIONS

Program Relocation:

A Relocation Application is required

Minimum 30-day notice to the Department

All documents for a new program application are required

May not operate until relocation is approved and certification is received

Program Name Change:

Application required

Documentation of registration of business name

Surety Bond Rider amending the program’s name

Copies of student contracts and materials reflecting the new program

name14

ADE ASSESSMENT ROSTERS & REBATE

Call: 800-334-1918

Send an Email to:

support@adeincorp.com

ADE SUPPORT

ASSESSMENT COMPONENT RULE

375-5-6-.14 (3)(b) – Assessment component shall be processed at least thirty (30) minutes before the beginning of the first Intervention Component Session

Gives the instructor an overview of students in the class to allow for

preparation

Gives the instructor an overview of students in the class to allow for

preparation

Allows time to address invalid assessment results

A review of the NEEDS Assessment is conducted during the Intervention

Component

AUDITS

AUDITS - INSPECTIONS, INVESTIGATIONS,

AND PROGRAM MONITORING – 375-5-6-.28

Department is authorized to:

Inspect, monitor and investigate programs

Determine compliance with the Rules and Regulations of each program

Program Owners, Directors, Instructors, and Staff shall:

Cooperate with any inspection or investigation

Provide without delay, any information reasonably requested by the

Department

AUDITS

Preparing for the Program Audit:

Owner/Director and/or designated

program staff should be available on the

day of the scheduled program audit

All files should be neat and organized

Allow the analyst sufficient space with

limited interruptions to conduct the audit

Allow ample time for the audit to be

completed

AUDITS

Program Class Files:

Class Roster

Original Course roll

Original Assessment Contract

Assessment Summary Sheet

Student Information Sheet

Original Intervention Contract

Graded Intervention Post-test

AUDITS

Purpose of the Program Audit:

To determine consistency of all programs across the state

To determine compliance of the Department’s rules and regulations

governing the program

To gather data that may be used for statistical purposes

AUDIT CATEGORIES

Category 3: Minor

Deficiencies must be corrected within 6 months following implementation of the corrective action plan.

Category 2: Moderate

Deficiencies must be corrected within 3 months following implementation of the corrective action plan.

Category 1: Severe

Deficiencies must be corrected within 30 days of implementation of the corrective action plan.

CORRECTIVE ACTION PLAN (CAP)

Corrective Action Plan Must:

Describe how continued compliance

will be achieved and maintained

Show the date the plan will be

implemented

Be signed and dated by the licensed

Program Owner or Risk Reduction

Program Director only

Be returned to Field Analyst within (15)

fifteen days of notification

ADVERSE ACTIONS

Warning Letter

Administrative Fine

Suspension/Cancellation/Revocation

ADVERSE ACTIONS – HISTORY OF

COMPLIANCE

Department may consider the Applicant’s

history of compliance when determining

eligibility for Certification and Recertification.

Cancellation, Suspension, or Revocation of

Certification(s) in another program may result in the

same for this program.

ADVERSE ACTIONS – ENFORCEMENT OF

PROGRAM REGULATIONS – 375-5-6-.29Revocation, Cancellation, or Suspension:

In considering which to impose the Department may consider:

▪ The history of compliance

▪ The seriousness of the violation(s)

▪ Whether violation was voluntarily reported to the Department

▪ Whether they exhibited good faith efforts to correct areas of non-

compliance prior or subsequent to the discovery by the Department

ADVERSE ACTIONS – ENFORCEMENT OF

PROGRAM REGULATIONS – 375-5-6-.29Assess Administrative Fines:

Fine not to exceed $1,000.00 per violation

In determining the fine amount the Department may consider:

▪ The seriousness of the violation

▪ Whether the same violation has previously occurred

▪ Whether procedures designated to prevent the violation were in place

and followed

ADVERSE ACTIONS – STATISTICS

FY2017 Adverse Actions

► 14 Administrative Fines imposed for a total amount of $4,900

► Average of one program fined per month

► Average fine amount per month is $400 per program

► Four (4) suspensions/cancellation/revocations

FY2018 Adverse Actions

► Eight (8) Administrative Fines in FY2018 for a total of $2,600

► Three (3) suspensions/cancellation/revocations

IGNITION INTERLOCK

IGNITION INTERLOCKReinstatement Data

FY2014 FY2015 FY2016 FY2017 FY2018

1st DUI 23,623 22,350 20,788 21,172 17,737

2nd DUI 3,945 4,033 3,611 3,815 3,137

3rd DUI 455 466 455 518 441

TOTAL 28,023 26,849 24,854 25,505 21,315

Refusals 5,340 5,169 5,317 4,724 3,268

ALS 10,812 9,635 8,234 7,974 5,958

COURTS

42-8-111(b) Exceptions (Waivers)

► The court may, in its discretion, decline to issue a certificate of eligibility for

an ignition interlock device limited driving permit or probationary license for

any reason or exempt a person from any or all ignition interlock device

requirements upon a determination that such requirements would subject such person to undue financial hardship.

► If a court grants an exemption from the ignition interlock device

requirements, such person shall not be eligible for a limited driving permit or

any other driving privilege for a period of one year.

WHO WE SERVE

41 Certified Ignition

Interlock Providers

May - 2018

1,984 Active Installs

End of FY2016

9 Certified Device Manufacturers

May - 2018

1,973 Active Installs

End of FY2017

CUSTOMER DATA

New Customers Interlock Permit FY2017

Customers Completing Interlock FY2017

NON-COMPLIANCE REPORTINGO.C.G.A. §42-8-112(c))

Violations:

Must be reported within five (5) days of discovery using the

Notice of Ignition Interlock Offender Non-Compliance form

prescribed by the Department

Violations reportable to the Department include:

▪ The offender has tampered with the ignition interlock

device

▪ The offender failed to report for monitoring

▪ The offender requested and had the device removed

prior to completing the program

Results of monitoring (i.e. positive readings for alcohol) are not considered

violations and should not be reported to the Department of Driver Services

IGNITION INTERLOCKNon-Compliance Reporting – O.C.G.A. §42-8-112(c))

Permit Revocation:

Offenders are mailed a Pending Revocation letter by the Department

If the offenders provides documentation that the reason for non-

compliance was any of the following, their permit will not be revoked:

▪ Medical necessity, as evidenced by a written statement from a medical doctor

▪ You were incarcerated

▪ You were required to be on the job at your place of employment, with proof

that you would be terminated if you were not at work

▪ The vehicle with the installed interlock device was rendered inoperable by reason of collision, fire, or a major mechanical failure

Offenders should be allowed to resume monitoring following approval by

the Department36

INSPECTIONS

Field Analysts will review items such as:

Secure file storage

Client waiting areas

Technician professionalism and knowledge

Calibration methods

Non-compliance reporting

Customer service

Labeling of equipment

NEW LEGISLATIONSB 407

Accountability Courts may order the Department to:

▪ Issue to a defendant an ignition interlock device limited driving permit using

whatever conditions the court determines to be appropriate under the

circumstances

▪ For a one-year period, and may allow such permit to be renewed for a one-

year period, and shall provide the Department with such order.

▪ Suspend or revoke such license, limited driving permit, or ignition interlock

device limited driving permit

▪ The court shall require the defendant to pay the required reinstatement fee or

waive such fee

Authorizes any other court to do the same if the offense for which the

defendant was convicted did not directly relate to the operation of a

motor vehicle

REMINDERS

Each Provider Center is required to have a separate license for each

location with the exception of mobile units

Brick and mortar businesses are not authorized to operate as sub-

contractors of certified providers without also being approved and certified

by DDS (O.C.G.A § 42-8-115)

All monitoring reports issued to offenders after October 1, 2016 must be

reflected on the Comprehensive Ignition Interlock Monitoring Report and

contain the interlock provider’s original stamp

Providers must ensure that the customer being monitored or receiving

calibrations is the offender who is required to have the service (O.C.G.A §

42-8-112(c))

Device manufacturers are not authorized to operate as Provider Centers

REGULATORY COMPLIANCE SUPPORT

SYSTEM

FIELD OPERATIONSArea 1

Tamara Roper

troper@dds.ga.gov 404-909-6295

Area 2

Scott Morrison

smorrison@dds.ga.gov 404.909.4727

Area 3

Tunnizia Weston, Manager

tweston@dds.ga.gov 404.909.4726

Area 4

Lisa Marks

lmarks@dds.ga.gov 404.909.4484

Area 5

Misty Roberts

mroberts@dds.ga.gov 404.909.5242

Area 6

Kenny White

kwhite@dds.ga.gov 678.228.7089

Area 7

Anna McKinney

anna.mckinney@dds.ga.gov 404-210-6178

Appling

Atkinson

Baldwin

Barrow

Bartow

Ben Hill

Berrien

Brantley

Brooks

Bulloch

Calhoun

Camden

Candler

Carroll

Charlton

Chatham

Chattahoochee

Clarke

Clinch

Coffee

Colquitt

Columbia

Coweta

Crawford

Dawson

Decatu

DeKalb

Dougherty

Echols

Effingham

Elbert

Emanuel

Fannin

Fayette

Forsyth

Franklin

Gordon

Greene

Gwinnett

Habersham

Hancock

Haralson

Harris

Houston

Jackson

Jasper

Jeff Davis

Jefferson

Jenkins

Johnson

JonesLamar

Lanier

Laurens

Liberty

Lincoln

Lowndes

Lumpkin

McIntosh

Madison

Marion

Meriwether

MillerMitchell

Monroe

Morgan

Murray

Muscogee

Newton

OglethorpePaulding

Pickens

Pierce

Pulaski

Putnam

Randolph

Richmond

Schley

Screven

Spalding

Stephens

Stewart

Sumter

Talbot

Taliaferro

Tattnall

Taylor

Telfair

Terrell

Thomas

Toombs

Treutlen

Turner

Twiggs

Walker

Walton

Warren

Washington

Wheeler

Whitfield

Wilcox

Wilkes

Wilkinson

Gilmer

Cherokee

Quitman

Decatur

PROGRAM ADMINISTRATION UNIT

Name Email Phone

Juenesse Holman, Mgr. juenesse.holman@dds.ga.gov 678.413.8859

Melissa Mims, Admin. melissa.mims@dds.ga.gov 678-413-8745

Michelle Asbury masbury@dds.ga.gov 770-929-3205

Travis Gatson travis.gatson@dds.ga.gov 678-413-8746

Michael Ishola mishola@dds.ga.gov 678-413-8869

Elizabeth Nelson enelson@dds.ga.gov 678-413-8536

Mistie Odum modum@dds.ga.gov 678.413.8827

ADAP Coordinator ADAPinquiries@dds.ga.gov 678-413-8747

CONTACTING REGULATORY COMPLIANCE

Mailing Address

Georgia Dept. Driver Services

Regulatory Compliance2206 Eastview Parkway

Conyers, GA 30013

(678) 413-8745

reginfo@dds.ga.gov

Website

www.dds.georgia.gov/regulatedprograms

Review

How early should an instructor or program

recertification application be submitted?

QUESTION 1

How early should an instructor or program

recertification application be submitted?

Answer:

30 – 90 days before the expiration

date of the current certification

QUESTION 1

Which application do I submit if my instructor

certification expired two (2) years ago?

QUESTION 2

Which application do I submit if my instructor

certification expired two (2) years ago?

Answer:

New Instructor Application

QUESTION 2

Will my application be processed if I fail to

include all of the required documents?

QUESTION 3

Will my application be processed if I fail to

include all of the required documents?

Answer:

QUESTION 3

I was fingerprinted when I initially became

certified. Why do I need to be fingerprinted

again for recertification?

QUESTION 4

I was fingerprinted when I initially became certified. Why do I need to be fingerprinted again for recertification?

Answer:

Fingerprints that are used for non-criminal justice purposes are only retained by the Georgia and Federal Bureaus of

Investigation for a matter of days and then purged, hence the need to be re-fingerprinted. In addition, the decision to recertify an individual or entity must be based on current

criminal history results.

QUESTION 4

Monthly assessment rosters and rebate fees are

due by ____.

QUESTION 5

Monthly assessment rosters and rebate fees are

due by ____.

Answer:

The 10th of the following month

QUESTION 5

How often are program audits are normally

conducted?

QUESTION 6

How often are program audits are normally

conducted?

Answer:

Once every 12 Months

QUESTION 6

Can an instructor teach on an expired

certification if the program certification is valid?

QUESTION 7

Can an instructor teach on an expired

certification if the program certification is valid?

Answer:

QUESTION 7

Who can sign the Corrective Action Plan?

A. Program Director

B. Program Owner

C. Official designated by the program owner

D. All of the above

QUESTION 8

Who can sign the Corrective Action Plan?

A. Program Director

B. Program Owner

C. Official designated by the program owner

D. All of the above

QUESTION 8

True or False:

The monthly assessment roster should be sent to

your field analyst and/or Regulatory Compliance.

QUESTION 9

True or False:

The monthly assessment roster should be sent to

your field analyst and/or Regulatory Compliance.

Answer:

QUESTION 9

How do I obtain a username and password to

QUESTION 10

How do I obtain a username and password to

Answer:

The Program Owner or Director must submit the

OCRA Administrative Privileges form to

reginfo@dds.ga.gov

QUESTION 10

How much is the maximum fine the Department

may impose per violation?

BONUS QUESTION

How much is the maximum fine the Department

may impose per violation?

Answer:

BONUS QUESTION

Questions

Staying In Compliance PRI Summer Conference 2018 · 2019-10-09 · Tunnizia Weston, Manager...

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