40-5-82
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40-5-82.
(a)
The Driver Improvement Program created by this article shall be administered by
the commissioner. The commissioner is authorized to promulgate and adopt rules
and regulations necessary to carry out this article.
(b)
For the purpose of generating greater interest in highway safety, the
commissioner may solicit the assistance of local governmental authorities,
associations, societies, clubs, schools, colleges, and other organizations or
persons knowledgeable in highway safety driving standards to participate in
conjunction with the department in the development of local driver improvement
programs and in conducting driver improvement classes.
(c)
The department is designated as the agency responsible for the approval and
certification of DUI Alcohol or Drug Use Risk Reduction Programs and staff. This
responsibility includes selection of the assessment instrument, development of
the intervention curricula, training of program staff, and monitoring of all DUI
Alcohol or Drug Use Risk Reduction Programs under this article.
(d)
All DUI Alcohol or Drug Use Risk Reduction Program records including, but not
limited to, assessment results and other components attended shall be
confidential and shall not be released without the written consent of the DUI
offender, except that such records shall be made available to the Department of
Human Resources and the Department of Driver Services. The provision of
assessments to the Department of Human Resources shall be according to an
interagency agreement between the Department of Driver Services and the
Department of Human Resources, and the agreement may provide for assessment fees
to be transmitted to the Department of Human Resources.
(e)
The department shall conduct a records check for any applicant for certification
as an operator or instructor of a DUI Alcohol or Drug Use Risk Reduction
Program. Each applicant shall submit two sets of classifiable fingerprints to
the department. The department shall transmit both sets of fingerprints to the
Georgia Crime Information Center, which shall submit one set of fingerprints to
the Federal Bureau of Investigation for a search of bureau records and an
appropriate report and shall retain one set and promptly conduct a search of
state records. After receiving the report from the Georgia Crime Information
Center and the Federal Bureau of Investigation, the department shall determine
whether the applicant may be certified. No applicant shall be certified who has
previously been convicted of a felony. The department shall promulgate rules and
regulations regarding certification requirements, including restrictions
regarding misdemeanor convictions.