Florida Regulations 15A-10.007: Review Board and Monitoring
Current as of: 2024 | Check for updates
|
Other versions
(1) In order to assist the Department in a systematic review of each licensed DUI program’s compliance with the rules, the DUI Programs Review Board shall conduct periodic on-site visits of all programs as well as unannounced visits. The Review Board shall conduct an on-site visit to each program at least once every 24 months. The members of the Review Board shall be paid per diem and travel expenses in accordance with Florida Statutes § 112.061 The site visit shall be processed in accordance with the Compliance Review, HSMV Form 77038, incorporated by reference in Fl. Admin. Code R. 15A-10.043, and to determine compliance with the rules. The program will receive a written report delineating deficiencies and the remedies required to correct those deficiencies. The form will also be accompanied by the Site Visit Report, HSMV Form 77039, incorporated by reference in Fl. Admin. Code R. 15A-10.043 The DUI program shall respond in writing documenting correction of those deficiencies within thirty (30) calendar days after receipt of the report. The Department is authorized to conduct follow-up site visits regarding the satisfaction of those deficiencies. The failure to satisfy the deficiencies within the time frame set out above will result in suspension or revocation of the DUI program license in accordance with Fl. Admin. Code R. 15A-10.041 An appeal of a suspension or revocation of a license shall be made in accordance with Florida Statutes Chapter 120
(2) Site visit preparation.
(a) The Compliance Review, HSMV Form 77038, shall be completed by the DUI program and submitted to the Department at least six calendar weeks prior to the site visit.
(b) Additional written information shall be provided with the Compliance Review as requested.
(c) Appointments with specified organizations and persons shall be scheduled by the DUI program manager as required.
(3) During each review, all representatives of the programs shall cooperate with the Department’s representative(s), and, upon request, shall exhibit all records, instructional aids, manuals, or such materials as necessary for the review.
(4) A manager of the program or his designee must be available during normal business hours at any program business office to furnish information of operation, verify records, or to provide the necessary records or documents whenever requested by a member of the Department.
(5) Members of the DUI Programs Review Board shall be appointed by the Executive Director of the Department. Criteria for membership requires that the member be employed in or have a history of employment in criminal justice, finance, accounting, business administration, public administration or human services. Persons who receive compensation from or who serve in a voluntary capacity on the Board of Directors of a licensed DUI program are not eligible for membership.
Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History-New 1-4-95, Amended 3-4-97.
Terms Used In Florida Regulations 15A-10.007
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(a) The Compliance Review, HSMV Form 77038, shall be completed by the DUI program and submitted to the Department at least six calendar weeks prior to the site visit.
(b) Additional written information shall be provided with the Compliance Review as requested.
(c) Appointments with specified organizations and persons shall be scheduled by the DUI program manager as required.
(3) During each review, all representatives of the programs shall cooperate with the Department’s representative(s), and, upon request, shall exhibit all records, instructional aids, manuals, or such materials as necessary for the review.
(4) A manager of the program or his designee must be available during normal business hours at any program business office to furnish information of operation, verify records, or to provide the necessary records or documents whenever requested by a member of the Department.
(5) Members of the DUI Programs Review Board shall be appointed by the Executive Director of the Department. Criteria for membership requires that the member be employed in or have a history of employment in criminal justice, finance, accounting, business administration, public administration or human services. Persons who receive compensation from or who serve in a voluntary capacity on the Board of Directors of a licensed DUI program are not eligible for membership.
Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History-New 1-4-95, Amended 3-4-97.