(a) Administrative sanctions may be taken against an institution or organization certified to conduct ADSAC for any of the following reasons:
- (1) Refusal to allow a facilitator candidate to observe an ADSAC course;
- (2) Allowing more than twenty-four (24) participants in any course;
- (3) Tardiness or failure to make reports or to transmit funds required by this Chapter;
- (4) Erroneous or falsified information relating to any documents submitted to ODMHSAS including the application for certification;
- (5) Conflict of interest by the institution or organization or its personnel;
- (6) Allowing a non-certified, non-approved, or intern facilitator to conduct an ADSAC without a certified ADSAC facilitator (ten (10) hour or twenty-four (24) hour, as required by the ADSAC course being given) present;
- (7) Failure to maintain all records required by ODMHSAS;
- (8) Using facilities not approved by ODMHSAS;
- (9) Knowingly permitting any facilitator to violate any rule of this Chapter, or any other relevant Chapter of these Administrative Rules;
- (10) Use of unapproved curriculum or instructional material not pre-approved by ODMHSAS;
- (11) Use of inappropriate materials/equipment or materials/equipment in poor repair;
- (12) Failure to provide at least two (2) complete ADSAC courses within twelve (12) months;
- (13) Failure to provide appropriately certified facilitators for courses;
- (14) Beginning a course prior to the scheduled time;
- (15) Failure to wait at least a full fifteen (15) minutes when zero (0) participants are present at the scheduled beginning time for a course;
- (16) Failure to provide the complete course for any participants arriving within fifteen (15) minutes of the scheduled start time;
- (17) Failure to provide ODMHSAS with a course schedule at least thirty (30) days in advance of presentation;
- (18) Failure to provide ODMHSAS course schedule changes at least seven (7) days in advance of presentation except when facilitator changes are due to illness or other emergency;
- (19) Failure to complete ODMHSAS requirements for adding course sites;
- (20) Failure to notify ODMHSAS of any facilitator violations of this Chapter, or of facilitator terminations due to violations of this Chapter;
- (21) Establishing the legal business residence of the institution or organization outside the State of Oklahoma;
- (22) Issuance of completion certificates to participants who fail to complete the full ten (10) hours of instruction or the full twenty-four (24) hours of instruction or who fail to meet any other course requirement;
- (23) Violation of, or failure to meet, any other applicable standard contained in this chapter;
- (24) Knowingly allowing an ADSAC facilitator to collect fees, issue receipts, issue completion certificates, conduct an assessment during a course, or solicit participants for assessments at a later date, during the course of an ADSAC; or
- (25) Any other just and verifiable cause including, but not limited to, unethical or illegal activities.
(b) Administrative sanctions may be taken against a certified facilitator for any of the following reasons:
- (1) Erroneous or false information contained in the individual's application for certification;
- (2) A conviction of driving under the influence of alcohol or other intoxicating substances or receiving an alcohol or drug related revocation or suspension of driving privileges;
- (3) Conviction of any alcohol or other drug related misdemeanor or any felony conviction;
- (4) Any unlawful conduct on duty or in the presence of participants;
- (5) Any activity which is a conflict of interest;
- (6) Use or abuse of intoxicating beverages or other drugs while facilitating an ADSAC course;
- (7) Permitting a participant to attend a course while using or under the influence of any mood-altering substances, including alcohol;
- (8) Dismissal by a certified institution or organization for violation of state statutes, or of the standards and criteria in this Chapter;
- (9) Use of curriculum or instructional material not approved by ODMHSAS;
- (10) Willful failure, or refusal, to cooperate with an investigation by ODMHSAS, or employing ADSAC agency, into a potential or alleged violation of applicable rules in this Chapter;
- (11) Refusal to allow a facilitator candidate to observe an ADSAC course;
- (12) Issuance of completion certificate(s) to participant(s) who have not completed a full ten (10) hours of instruction, or who fail to complete the full twenty-four (24) hours of instruction, or failure to meet any other ADSAC requirement;
- (13) Violation of any applicable rule in this Chapter, or any other applicable chapter;
- (14) Falsification of any report, or document submitted, or prepared for submission, to ODMHSAS;
- (15) Collecting fees for; or issuing receipts for; or issuing completion certificates for; or conducting an assessment during; or soliciting participants for assessments at a later date during the process of an ADSAC course;
- (16) Any sexual language or actions with or toward a participant, presenting for enrollment or enrolled in an ADSAC course;
- (17) Failure to provide at least two (2) complete ADSAC courses within twelve (12) months; or
- (18) Any other just and verifiable cause including, but not limited to, unethical or illegal activities.
- (c) ADSAC facilitators shall report all violations and suspected violations of this Chapter by any individual to ODMHSAS staff assigned to the ADSAC division.
Added at 38 Ok Reg 1294, eff 9-15-21