Rule 105-3-.13. Enforcement of Family Violence Intervention Program and Facilitator Requirements

Rule 105-3-.13. Enforcement of Family Violence Intervention Program and Facilitator Requirements

1. (1) The Department has the authority to deny, suspend, and revoke certification of an FVIP Provider and/or Facilitator for noncompliance with these rules. Additionally, the Department shall have the authority to issue a notice of deficiency, suspend classes and other FVIP-related services, and impose administrative fines on FVIP Providers and/or Facilitators for noncompliance with requirements.
2. (2) If an FVIP and/or Facilitator is found to be in violation of these rules, the Department may issue a notice of deficiency via certified mail and the email address provided by the FVIP Provider and/or Facilitator in the Commission-designated reporting system. The notice of deficiency will detail the Department's findings regarding the FVIP Provider's and/or Facilitator's rule violations. Within ten (10) business days of receiving the notice of deficiency, the FVIP Provider and/or Facilitator shall submit proof to the Department of compliance with the rules or provide a corrective action plan ("CAP") detailing the process and date on which they will achieve compliance. The Department will determine whether the provided proof of compliance or corrective action plan is sufficient. If the FVIP Provider and/or Facilitator fail to provide timely proof of compliance or a sufficient CAP, the Department may assess an administrative fine, and/or suspend or revoke the FVIP Provider's or Facilitator's certification.
3. (3) In its discretion, the Department may impose suspension or revocation of certification or assess an administrative fine against an FVIP Provider and/or Facilitator. In considering which to impose, the Department may consider, at a minimum, the FVIP Provider's and/or Facilitator's history of compliance, the seriousness of the violations, whether the FVIP Provider and/or Facilitator voluntarily reported problems giving rise to any violation, and whether the FVIP Provider and/or Facilitator undertook good faith efforts to correct areas of noncompliance prior or subsequent to their discovery by the Department. Additional considerations are listed in the Department SOP.

4. (4) Grounds for denial, suspension, revocation of certification, or assessment of an administrative fine. The Department may also base the denial, suspension, revocation of certification or assessment of an administrative fine upon notice of deficiency or noncompliance with a failure to follow program rules or requirements as listed in sections 105-3-.07, 105-3-.08, 105-3-.09 and 105-3-.10, or upon any of the following applicable grounds:

   1. (a) Knowingly making any verbal or written false or misleading statement of material fact or omitting to state a material fact in connection with an application for certification or recertification or in connection with an inspection or investigation;
   2. (b) Failing or refusing to provide Commission representatives with meaningful access to the FVIP premises, Facilitators, staff, participants, and/or records (including refusing to allow Commission representatives to obtain copies of documents reasonably necessary to reach a compliance determination;
   3. (c) The applicant for certification or recertification having an overall poor record of compliance, including but not limited to denial of certification within the previous twelve (12) months, certification or licensure revocation at any time in the past in this or any other state, failure to complete certification requirements in a timely manner, or suspension within the previous two (2) years;
   4. (d) Changing ownership of an FVIP to avoid or circumvent the denial, revocation, or suspension of certification;
   5. (e) Altering or falsifying any personnel, participant, or program records;
   6. (f) Failure or refusal by an FVIP Provider and/or Facilitator to remit to the Commission the required certification or participant fees as outlined in these rules; and
   7. (g) Failing or refusing to comply with any of these rules, requirements, or violating any law relating to the operation of an FVIP.

5. (5) Administrative fines. The Department has the authority to assess an administrative fine, not to exceed $1,000.00 per violation, against any person, firm, or corporation that the Department determines to have violated any provision of Title 19, Chapter 13, Article 1A of the Official Code Georgia Code or any order, rule, or regulation promulgated thereunder. In determining the amount of the fine, the Department may consider the seriousness of the violation, whether the same or any other program requirement has been violated previously by the same program owner, director, or facilitator, and whether procedures designated to prevent the violation were in place and were followed.

   1. (a) The Department shall have the authority to assess administrative fines for FVIP Providers and Facilitators as follows:

      SCHEDULE OF ADVERSE ADMINISTRATIVE ACTIONS Level of Offense Description of Severity Possible Adverse Action Possible Administrative Fines Level 1 Violations of administrative policies or classroom procedures. 1st and 2nd Offense: - Notice of deficiency; - Suspension; - Fine 3rd Offense: - Revocation Up to $250.00 per violation Level 2 Violations that compromise victim safety or the integrity of the FVIP program. 1st and 2nd Offense: - Notice of deficiency; - Suspension; - Fine 3rd Offense: - Revocation Up to $500.00 per violation Level 3 Violations that severely compromise victim safety or the integrity of the FVIP program. 1st Offense: - Suspension; - Revocation; - Fine Up to $1000.00 per violation

6. (6) Effectuation of Suspension or Revocation. If suspension or revocation of certification is imposed in accordance with the provision of Sec. 50-13-18 of the Georgia Administrative Procedures Act, the suspension or revocation becomes effective on the date indicated by the Department's order. Upon termination of any period of suspension, and upon a showing that the program has achieved full compliance with program requirements in addition to meeting any reinstatement requirements, the Department shall reissue the certification. However, nothing in these rules shall be construed to prevent the Department from denying program certification prior to any hearing on such action.

7. (7) Suspension enforcement for FVIP Providers will be as follows:

   1. (a) Provider shall be removed from the Commission's website, certified FVIP list, and printed materials throughout the suspension term until it is completed and the Provider is duly reinstated.
   2. (b) Suspend classes and/or intakes for a minimum of thirty (30) calendar days and a maximum of six (6) months.
   3. (c) Notification by the Department to the local court administrator, Chief Superior Court Judge, Chief State Court Judge, Chief Magistrate Court Judge, Prosecutors' Offices, the Department, Victim Liaison, the Community Task Force on Family Violence, and other referral sources of the FVIP Provider's suspension period.
   4. (d) The reinstatement fee will be $150.

8. (8) Suspension enforcement for FVIP Facilitators will be as follows:

   1. (a) Facilitator shall be removed from the Commission's website, certified FVIP list, and printed materials throughout the suspension term until it is completed and the Facilitator is duly reinstated.
   2. (b) Suspend facilitating classes and/or conducting intakes for a minimum of thirty (30) calendar days and a maximum of six (6) months.
   3. (c) Notification by the Department to the local court administrator, Chief Superior Court Judge, Chief State Court Judge, Chief Magistrate Court Judge, Prosecutors' Offices, the Department, Victim Liaison, the Community Task Force on Family Violence, and other referral sources of the FVIP Facilitator's suspension period.
   4. (d) The reinstatement fee will be $100.

9. (9) Revocation enforcement for FVIP Providers will be as follows:

   1. (a) FVIP shall be removed from the Commission's website, certified FVIP list, and printed materials throughout the revocation term until the Provider's Certification status is restored in good standing.
   2. (b) Suspend classes and/or intakes for a minimum of six (6) months and a maximum of 18 months. FVIP Provider must immediately cease offering or advertising FVIP classes and shall not conduct new intakes until certification is restored. Existing participants must be transferred to a different FVIP.
   3. (c) Notification by the Department to the local court administrator, Chief Superior Court Judge, Chief State Court Judge, Chief Magistrate Court Judge, Prosecutors' Offices, the Department, Victim Liaison, the Community Task Force on Family Violence, and other referral sources of the FVIP Provider's revocation and reason.
   4. (d) The good-standing restoration fee for FVIP Providers will be $200.00. This fee will be assessed in addition to any previously assessed recertification fees.

10. (10) Revocation enforcement for FVIP Facilitators will be as follows:

    1. (a) Facilitator shall be removed from the Commission's website, certified FVIP Facilitator list, and printed materials throughout the revocation term until the Facilitator's Certification is restored and in good standing.
    2. (b) Suspend facilitating classes and/or conducting intakes for a minimum of six (6) months and a maximum of 18 months. The Facilitator may not facilitate class or conduct any new intakes until certification is restored.
    3. (c) Notification by the Department to the local court administrator, Chief Superior Court Judge, Chief State Court Judge, Chief Magistrate Court Judge, Prosecutors' Offices, the Department, Victim Liaison, the Community Task Force on Family Violence, and other referral sources of the FVIP Facilitator's revocation and reason.
    4. (d) The good-standing restoration fee for Facilitators will be $150.00. This fee will be assessed in addition to any previously assessed recertification fees.
11. (11) Reapplying for certification after revocation. Once a certification has been revoked, a Provider may not reapply for certification until eighteen (18) months from the date of the revocation. The revocation date is the date of receipt of the revocation letter or the date a revocation appeal is denied, whichever is later. Reapplying for certification shall be subject to the same procedures as if the Provider were applying for certification for the first time. However, the Department may consider past violations of these rules in deciding whether to approve or deny certification reinstatement.

Authority: O.C.G.A. §§ 19-13-13(a) & (b), 19-13-17.

History. Original Rule entitled "Family Violence Intervention Program Monitoring" adopted. F. Dec. 3, 2018; eff. Dec. 23, 2018.

Amended: F. Feb. 23, 2026; eff. Mar. 15, 2026.