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Staying In Compliance
PRI Summer Conference 2018
GEORGIA DEPARTMENT OF DRIVER SERVICES June 14, 2018
GOALS AND OBJECTIVES
2
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
3
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
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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
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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
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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
7
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
8
GEORGIA APPLICANT PROCESSING
SYSTEM (GAPS)
9
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
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APPLICATIONS
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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
12
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.
13
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
15
ADE ASSESSMENT ROSTERS & REBATE
FEES
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
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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
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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
20
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
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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
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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.
23
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
24
ADVERSE ACTIONS
Warning Letter
Administrative Fine
Suspension/Cancellation/Revocation
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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.
26
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
27
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
28
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
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IGNITION INTERLOCK
IGNITION INTERLOCKReinstatement Data
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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.
32
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
33
CUSTOMER DATA
New Customers Interlock Permit FY2017
1,239
Customers Completing Interlock FY2017
1,259
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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
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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
37
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
38
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
39
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REGULATORY COMPLIANCE SUPPORT
SYSTEM
FIELD OPERATIONSArea 1
Tamara Roper
[email protected] 404-909-6295
Area 2
Scott Morrison
[email protected] 404.909.4727
Area 3
Tunnizia Weston, Manager
[email protected] 404.909.4726
Area 4
Lisa Marks
[email protected] 404.909.4484
Area 5
Misty Roberts
[email protected] 404.909.5242
Area 6
Kenny White
[email protected] 678.228.7089
Area 7
Anna McKinney
[email protected] 404-210-6178
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Candler
Carroll
Charlton
Chatham
Chattahoochee
Clarke
Clay
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dawson
Decatu
DeKalb
Dodge
Dooly
Dougherty
Early
Echols
Effingham
Elbert
Emanuel
Evans
Fannin
Fayette
Floyd
Forsyth
Franklin
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
Jackson
Jasper
Jeff Davis
Jefferson
Jenkins
Johnson
JonesLamar
Lanier
Laurens
Lee
Liberty
Lincoln
Long
Lowndes
Lumpkin
McIntosh
Macon
Madison
Marion
Meriwether
MillerMitchell
Monroe
Morgan
Murray
Muscogee
Newton
OglethorpePaulding
Peach
Pickens
Pierce
Pike
Polk
Pulaski
Putnam
Rabun
Randolph
Richmond
Schley
Screven
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
Terrell
Thomas
Tift
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
Warren
Washington
Wayne
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
Gilmer
Cherokee
Dade
Quitman
Decatur
3
4
5
2
6
1
7
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PROGRAM ADMINISTRATION UNIT
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Name Email Phone
Juenesse Holman, Mgr. [email protected] 678.413.8859
Melissa Mims, Admin. [email protected] 678-413-8745
Michelle Asbury [email protected] 770-929-3205
Travis Gatson [email protected] 678-413-8746
Michael Ishola [email protected] 678-413-8869
Elizabeth Nelson [email protected] 678-413-8536
Mistie Odum [email protected] 678.413.8827
ADAP Coordinator [email protected] 678-413-8747
43
CONTACTING REGULATORY COMPLIANCE
Mailing Address
Georgia Dept. Driver Services
Regulatory Compliance2206 Eastview Parkway
Conyers, GA 30013
Phone
(678) 413-8745
Website
www.dds.georgia.gov/regulatedprograms
Review
44
How early should an instructor or program
recertification application be submitted?
45
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
46
QUESTION 1
Which application do I submit if my instructor
certification expired two (2) years ago?
47
QUESTION 2
Which application do I submit if my instructor
certification expired two (2) years ago?
Answer:
New Instructor Application
48
QUESTION 2
Will my application be processed if I fail to
include all of the required documents?
49
QUESTION 3
Will my application be processed if I fail to
include all of the required documents?
Answer:
No
50
QUESTION 3
I was fingerprinted when I initially became
certified. Why do I need to be fingerprinted
again for recertification?
51
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.
52
QUESTION 4
Monthly assessment rosters and rebate fees are
due by ____.
53
QUESTION 5
Monthly assessment rosters and rebate fees are
due by ____.
Answer:
The 10th of the following month
54
QUESTION 5
How often are program audits are normally
conducted?
55
QUESTION 6
How often are program audits are normally
conducted?
Answer:
Once every 12 Months
56
QUESTION 6
Can an instructor teach on an expired
certification if the program certification is valid?
57
QUESTION 7
Can an instructor teach on an expired
certification if the program certification is valid?
Answer:
No
58
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
59
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
60
QUESTION 8
True or False:
The monthly assessment roster should be sent to
your field analyst and/or Regulatory Compliance.
61
QUESTION 9
True or False:
The monthly assessment roster should be sent to
your field analyst and/or Regulatory Compliance.
Answer:
False
62
QUESTION 9
How do I obtain a username and password to
OCRA?
63
QUESTION 10
How do I obtain a username and password to
OCRA?
Answer:
The Program Owner or Director must submit the
OCRA Administrative Privileges form to
64
QUESTION 10
How much is the maximum fine the Department
may impose per violation?
65
BONUS QUESTION
How much is the maximum fine the Department
may impose per violation?
Answer:
$1000
66
BONUS QUESTION
Questions
67
