Final Text
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"ASAP" means an alcohol safety action program established by the commission or any county, city, town, or any combination thereof, as provided in § 18.2-271.1 of the Code of Virginia, for the purposes of providing probation, education, and rehabilitation services for individuals referred to the program by the court, the DMV, or any other commission-approved referral source.
"ASAP Code of Conduct" means a standard of ethics for all ASAP employees.
"ASAP director" means the person who provides supervisory, managerial, or oversight of an alcohol safety action program.
"Budget" means a written financial plan for expenditures of a program for a given period of time that is subject to approval by the commission.
"Case Management Operational Guidelines" means a manual, created by the commission, establishing case management policy and procedure guidelines.
"Certification" means the process of certifying ASAPs as set forth in the Commission on VASAP Certification Manual or the process for certifying ASAP employees to provide ASAP services in the Commonwealth of Virginia and to ASAP offenders residing out of state.
"Commission" means the Commission on Virginia Alcohol Safety Action Program or its designee.
"Commission on VASAP Certification Manual" means The Commission on the VASAP Certification Manual, version January 3, 2023, a manual required by § 18.2-271.2 of the Code of Virginia to be created by the commission, which evaluates an ASAP for its organization management, fiscal standing, and overall operation.
"DMV" means the Virginia Department of Motor Vehicles.
"Executive director" means the executive director of the commission.
"Executive finance committee" means the advisory subcommittee of the commission composed of the executive director of the commission, two commission members, and such other persons as the commission may designate.
"Policy board" means an ASAP policy board that is advisory in nature, chosen and operated in accordance with procedures promulgated by the commission.
"Regional leadership team" means a regional team, established by the executive director, charged with assisting ASAPs in achieving and maintaining commission certification requirements.
"Revenues" means any fee due to or collected by an ASAP for services provided by the ASAP.
"Target collection rate" means a rate of collection by an ASAP of offender fees in any given time period equal to or greater than 90% of offender fees owed to the program for services provided during the same given time period. The given time period shall be established by the commission.
"VASAP" means the Virginia Alcohol Safety Action Program.
"VASAP Certification Exam" is a commission-created certification exam that is administered by the commission to ASAP employees and is part of the application process for individuals seeking a VASAP Certification Letter to perform ASAP services in the Commonwealth of Virginia and for ASAP offenders residing out of state. Successful completion of the exam requires a score of 80% or higher.
"VASAP Certification Letter" means a certification letter issued by the commission to any eligible ASAP employee authorizing the employee to perform ASAP-related duties in the Commonwealth of Virginia. ASAP-related duties include management of cases, administrative functions, courtroom testimony, supervision of employees, program management, or any other duty determined by the commission. The letter shall be issued in a format and method determined by the commission.
The commission reserves the right to suspend service-related requirements of this chapter in applicable geographical areas when there exists a federal or state disaster or declaration of emergency.
A. Alcohol safety action programs shall consist of, at a minimum, an ASAP director, staff deemed necessary by the commission, and the local policy board to efficiently accomplish all duties of the program.
B. ASAPs shall be accessible to the public for all ASAP-related services during days and times established by the commission. The commission shall determine the method of accessibility.
C. ASAPs that incur a pattern of verified sub-standard customer service complaints resulting in the use of commission resources, including rental vehicle expenses, fuel, labor hours, and office supplies, may be billed by the commission for any of the aforementioned accrued expenses in their entirety. ASAPs that are billed by the commission for reimbursement under this section shall remit a payment to the commission within 30 days of the date of the invoice sent by the commission to the ASAP unless otherwise approved by the executive director.
A. Each ASAP shall operate under the direction of a local independent policy board, advisory in nature, chosen in accordance with procedures approved and promulgated by the commission.
B. The policy board shall consist of five to 15 members. The governing bodies of each participating jurisdiction shall appoint one member for a term of three years. The remaining members shall be elected for a term of three years by majority vote of those members selected by each represented locality unless these appointments are the first appointments to the policy board.
C. Upon initial appointment of a policy board, one-third of the members shall be appointed for one year, one-third of the members shall be appointed for two years, and one-third of the members shall be appointed for three years. ASAP employees shall not serve as a member of the board outside of an ex officio capacity.
D. The policy board members not appointed by the governing bodies of represented jurisdictions, at the discretion of the board, shall be selected from the Bar Association, law enforcement, and education and treatment professionals, at a minimum.
E. The designated terms of office for each member may be modified if approved by the commission.
F. Policy board vacancies shall be filled by a majority vote of the remaining board members from the nomination of other board members and the participating governing bodies of the jurisdiction.
G. Policy board members shall be selected by the commission in situations where the locality cannot agree on board member selections.
H. The officers of the policy board shall consist of a chairperson and such subordinate officers as the board may elect or appoint. Each policy board (i) shall include at least one Commonwealth attorney member, a defense attorney member who practices DUI law, a law-enforcement member, and a behavioral health member and (ii) may appoint a local sitting or retired District Court judge who regularly hears or heard cases involving driving under the influence and is familiar with local alcohol safety action programs. Members shall serve without compensation. The offices of the chairperson, and vice-chairperson if one is elected, shall be held by members from different participating jurisdictions. The policy board chair is subject to final confirmation approval by the executive director. Individuals serving in a policy board chair capacity prior to [ (insert the effective date of this regulation) June 21, 2023, ] shall apply to the executive director for approval to remain in their current position within 30 days of [ (insert the effective date of this regulation) June 21, 2023 ].
I. Excluding the original officers, who shall be elected at the second meeting after the formation of the board, each officer shall be elected at the annual meeting of the board to serve a term of three years. Terms of office shall not be modified without commission approval. Vacancies occurring in any office shall be filled by the board for the unexpired term.
J. Election of officers requires that a majority of policy board members be present and voting in order to be valid. Members who are unable to attend may vote in any election by letter directed to the chairman and delivered prior to, or at, the meeting. At the regular meeting of the policy board immediately preceding the annual meeting, the chairman shall appoint a nominating committee, which shall present to the board at its annual meeting a slate of nominees for election as officers and a slate of nominees to fill any board vacancies. All board members and officers shall take office on the first day of the month following their election and shall serve until their successors take office. No officer shall serve more than two consecutive terms in office.
K. The annual meeting of the board is that meeting so designated in the bylaws for the purpose of electing officers and filling expired member terms and shall be open to the public.
L. Regular meeting of the board shall be held quarterly. Special meetings may be called at the policy board's pleasure. The policy board is required to provide notice to the public of all meetings as required by state and federal Freedom of Information Act laws.
M. The policy board or its executive committee may go into executive session when legally appropriate.
N. Policy board meetings shall adhere to state and federal Freedom of Information Act laws.
O. The policy board may change the date and time of any regular meeting at any prior meeting and may adjourn any meeting to another place if notice of the change is provided in adherence to state and federal Freedom of Information Act laws.
P. Two-thirds attendance of the policy board membership shall constitute a quorum for any policy board meeting.
Q. The commission may merge or regionalize a policy board in instances where the commission is merging or regionalizing the ASAP in which the policy board provides oversight.
The commission shall be empowered to collect unexpended revenue from local ASAPs in the commission's duties to establish and ensure the maintenance of minimum standards and criteria for program operations and performance, accounting, auditing, public information, and administrative procedures for the various alcohol safety action programs and oversight of the administration of the local statewide VASAP system. In instances where the commission intends to collect unexpended revenue from a local ASAP, the commission shall provide the local ASAP a 30-day notice of the amount of unexpended revenue to be collected and the date of collection by the commission. Once notice of the collection amount and date is given to the local ASAP by the commission, the local ASAP shall release the total amount of the unexpended revenue cited by the commission to the commission within 15 calendar days of the collection date provided by the commission. The payment method shall be established by the commission.
A. Financial records shall be subject to local, state, and federal audits and shall be maintained in an orderly fashion using generally accepted accounting principles and shall be retained per the Library of Virginia retention schedule.
B. An annual income statement shall be submitted to the commission by August 1 of each calendar year.
C. Monthly financial reports shall be submitted to the commission by the 15th calendar day of the following month. ASAPs that fail to send in their monthly financial report by the 15th calendar day of the following month shall pay the following daily late fees to the commission, unless otherwise approved by the commission:
1. $25 daily late fee for the first five calendar days in which the monthly financial report is not received by the commission; and
2. $100 daily late fee for any calendar days after the first five days in which the monthly financial report is not received by the commission.
ASAPs that are more than 15 calendar days late in submitting the prior month's financial report may be decertified by the commission.
D. All ASAP financial reports, to include monthly financial reports, budgets, or any other financial report required by the commission, shall be submitted to the commission via a method established by the commission.
A. ASAPs are required to submit annual budgets to the commission via a method approved by the commission by May 1 of each calendar year for approval by the commission. Submitted budgets shall include all information required by the commission along with the prior year's collection rate. Budgets submitted by local programs with collection rates below the target collection rate are subject to a reduction in the approved budget amount by a percentage equal to the target collection rate minus the actual collection rate.
B. The commission may reduce the approved budget amount for any ASAP budget by the total salary amount of any employee included in the budget who does not possess a valid VASAP Certification Letter or for any delinquent ASAP administrative fees owed to the commission.
C. ASAPs may use a local political subdivision as a fiscal agent if approved by the commission. Any desired change in fiscal agent by an ASAP shall be submitted to the executive director for approval at least 60 days prior to the desired date of change.
D. In instances where an unforeseen circumstance occurs, which requires a budget amendment, the ASAP may submit the budget amendment to the commission clearly identifying the circumstances and the dollar amount of the budget amendment change requested. The commission shall respond to the ASAP on the approval status of the budget amendment within 30 calendar days.
E. In instances where an ASAP is requesting an allocation of commission funds, the ASAP is required to submit a commission-approved application detailing the reason for the allocation of commission funds request along with other commission-requested financial information. ASAPs that own buildings that possess a collection rate below the target collection rate or possess the financial means to fund operations more than six months into the future, factoring in a zero-revenue sum over the same period of time, are ineligible to apply for an allocation of commission funds from the commission. ASAP requests to the commission for an allocation of commission funds are subject to commission approval. ASAPs that receive substantial financial contributions from their localities and have received these contributions for a substantial period of time prior to their request for an allocation of commission funds, may be eligible for an allocation of commission funds if approved by the commission. Substantial financial contributions and substantial period of time shall be determined by the commission.
A. The commission shall be empowered to certify, decertify, regionalize, reorganize, or merge local ASAPs, including their finances and personnel, to establish and ensure the maintenance of minimum standards and criteria for program operations and performance, accounting, auditing, public information, and administrative procedures for the various local ASAPs and shall be responsible for overseeing the administration of the statewide VASAP system.
B. ASAPs shall adhere to the certification process and procedures for certifying ASAPs as established in the Commission on VASAP Certification Manual and maintain the required certification standards of the commission at all times.
C. ASAPs shall be certified, at a minimum, at least every three years.
D. If an ASAP is found out of compliance during certification, the ASAP shall complete an action plan within 10 days of notice of any compliance issue citing the procedures to be implemented to attain compliance. The commission shall conduct a secondary review to validate the corrective action has occurred and make a recommendation for certification if the ASAP has resolved all outstanding noncompliance issues in a satisfactory manner. If noncompliance issues remain, the ASAP's conditional certification may be extended or their full certification may be revoked by the commission.
E. An ASAP may submit a waiver in writing to the commission of certification standards that are impacted directly by staffing issues or emergency declarations. An exemption may be granted from a specific ASAP certification requirement or any part thereof by the executive director.
F. The executive director may at the executive director's discretion establish or conclude a regional leadership team to assist ASAPs in achieving and maintaining commission certification standards. The executive director shall establish the members, duties, process, and procedures of the regional leadership team.
G. ASAPs that fail to meet certification standards set forth in the Commission on VASAP Certification Manual may be conditionally certified by the commission permitting the ASAP to continue to receive referrals from the courts and provide services for DMV administrative cases.
A. The executive finance committee, for a period not to exceed 90 days, may suspend certification of an ASAP for the following reasons, including:
1. When an ASAP knowingly violates any state or federal law;
2. When an ASAP violates any requirements of the Commission on VASAP [ certification manual Certification Manual ];
3. When an ASAP abuses access to the DMV system or any system created or co-created by the commission and provided to the ASAPs by the commission for use;
4. When an ASAP consistently fails to adhere to the case management operational guidelines;
5. When an ASAP violates law or commits an unethical act that negatively impacts the integrity of the state VASAP system;
6. When there is a pattern of ASAP noncompliance or customer service issues;
7. When the ASAP or an ASAP's policy board impedes, interrupts, disrupts, or negatively impacts an investigation conducted by the commission of the ASAP related to customer service issues, a violation of law, financial discrepancies of any form, unethical acts or any complaint brought forward by a third party;
8. When an ASAP attempts to conceal any source of income or financial assets owned by or in control of in whole or in part by the ASAP;
9. When an ASAP uses a treatment service provider that is not on the state approved treatment provider list without prior approval from the commission;
10. When an ASAP fails to cooperate, in any way, with the regional leadership team; or
11. When an ASAP fails to abide by the recommendations of the regional leadership team.
B. If a suspension of an ASAP occurs by the executive finance committee, the executive director may:
1. Prohibit the suspended ASAP from receiving any court referrals or from providing services for DMV administrative cases during the suspension period.
2. Eliminate ASAP access to the DMV system or any system created or co-created by the commission and provided to the ASAP by the commission for use.
C. In cases where the certification of an ASAP is suspended, the ASAP shall continue to provide services for all referrals received prior to the suspension date unless otherwise desired by the commission. The ASAP will not be permitted to receive referrals from the court or provide services for DMV administrative cases during the period of suspension unless otherwise approved by the commission.
D. In cases where an ASAP decides to dissolve on its own accord, the ASAP shall continue to provide services for all referrals received up until the date the ASAP communicates to the commission its intent to dissolve. The ASAP shall continue services for these referrals until all referrals are completed in a satisfactory manner as determined by the commission.
E. ASAPs that fail to meet the certification standards set forth in the Commission on VASAP Certification Manual and are not conditionally certified by the commission pursuant to 24VAC35-80-90 G shall have their certification revoked and shall be prohibited from receiving referrals for service from any court or providing services for DMV administrative cases indefinitely unless otherwise approved by the commission. If the certification of an ASAP is revoked, the ASAP shall be responsible for the continued monitoring of referrals received and all duties normally entailed prior to the revocation of certification until all referrals are properly managed and permanently closed, unless otherwise approved by the commission.
ASAP employees will find processes and procedures for case management, which are important to successful ASAP certification, via the Case Management Policy and Procedure Guidelines established by the commission. ASAP employees shall attend any commission-provided training via a method approved by the commission.
A. ASAPs shall maintain and handle all offender records and all other confidential information as required by federal, state, and local guidelines and laws.
B. ASAPs shall maintain all offender case files via the applicable Library of Virginia retention schedule.
A. Each ASAP employee will be provided the ASAP Code of Conduct.
B. ASAP employees, serving in any type of supervisory capacity, shall not supervise any employee, directly or indirectly, who is a spouse, partner, family member, or household member or a party deemed as a conflict of interest by the commission. "Family member" or "household member" includes any person who cohabitates with or is related by blood, marriage, or adoption.
C. ASAP directors shall administer in person evaluations for all employees unless otherwise approved by the commission. Employee evaluations shall be:
1. Completed by the ASAP director or an ASAP-designated supervisor on an official commission evaluation form;
2. Completed for each ASAP employee on no less than an annual basis; [ and ]
3. Signed and dated by both the ASAP director or a supervisor-designee and the ASAP employee who is being evaluated. In situations where an ASAP employee refuses to sign the evaluation, the ASAP director or a supervisor-designee shall write "refused to sign" under the employee signature line. The ASAP director or a supervisor-designee shall initial and date the evaluation.
A. All ASAP employees are required to possess a VASAP Certification Letter in order to perform any ASAP services in the Commonwealth of Virginia, including servicing ASAP offenders with an ASAP requirement that may reside out of state. Newly hired employees, however, may perform ASAP services for training purposes up to 90 days prior to obtaining a VASAP Certification Letter. In order to apply for a VASAP Certification Letter, the ASAP shall submit a completed application to the commission for approval for any ASAP employee not in possession of a VASAP Certification Letter, excluding an ASAP employee who is newly hired and within the first 90 days of training. The completed application shall include submission to the commission of:
1. A complete local and national criminal history;
2. A complete driver's record; and
3. Successful completion of the VASAP Certification Exam.
Failure to submit a completed application will result in disqualification of the applicant from consideration for a VASAP Certification Letter by the commission to perform ASAP services in the Commonwealth of Virginia or to ASAP offenders who may reside out of state.
B. All applicants shall be required to complete a VASAP Certification Exam. Successful completion of the exam requires a score of 80% or higher. Applicants who fail to successfully complete the VASAP Certification Exam on the first attempt shall be allowed a second opportunity to successfully complete the exam. Applicants who fail to successfully complete the VASAP Certification Exam on the second attempt shall not be allowed to reapply to provide ASAP services for the Commonwealth of Virginia or for ASAP offenders residing out of state for six months from the date of the second failed exam. ASAPs shall be required to pay an administrative fee of $250 to the commission for each second and subsequent VASAP Certification Exam taken by an employee as the result of a prior failed exam by the same ASAP employee.
C. In addition to the requirements of subsections A and B of this section, ASAP employees who serve in an ASAP director capacity shall be required to successfully complete the following requirements to obtain a VASAP Certification Letter:
1. A minimum of 40 hours of commission-approved training via a format and location determined by the executive director; and
2. Verification of meetings conducted with stakeholders of the assigned ASAP to include all Circuit and General District Court judges along with their clerk of court, Commonwealth attorneys, sheriffs, and police chiefs unless otherwise approved by the commission. Newly hired ASAP directors will be granted a six-month grace period to fulfill this requirement.
D. The executive director may deny, revoke, suspend, or terminate a VASAP Certification Letter for any ASAP employee for any of the following reasons:
1. Having been convicted of a felony;
2. Having been convicted of a misdemeanor potentially punishable by confinement;
3. Committing an unethical, deceptive, or dishonest act that negatively impacts the integrity of the state VASAP system;
4. Failing to demonstrate the ability to consistently comply with ordinances, statutes, administrative rules, or court orders at the local, state, or federal level;
5. Failing to demonstrate sufficient knowledge or skill required to perform ASAP services in the Commonwealth of Virginia or for ASAP offenders residing out of state;
6. Making a material misstatement or omission on the application;
7. Defrauding any client, service provider, or other person or entity in the conduct of the ASAP's business;
8. Unethical behavior. Proper employee conduct is outlined in the ASAP Code of Conduct;
9. Failing to attend any commission-mandated training without prior commission approval;
10. Failing to timely enter ASAP enrollments or completions or ignition interlock installs and completions into the DMV system;
11. Displaying a pattern of substandard customer service;
12. Mismanagement of ASAP finances;
13. Failing to submit reports required by the commission to the commission within the timeframes provided by the commission; or
14. Expending or directing another to expend budgetary funds not approved by the commission.
An ASAP employee whose VASAP Certification Letter has been denied, revoked, suspended, or terminated may request a judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). In the event that the decision to suspend the VASAP Certification Letter of an ASAP employee is upheld, the ASAP employee shall not perform any ASAP services in the Commonwealth of Virginia or for ASAP offenders residing out of state for the entire suspension period, or in the case of a denial, revocation, or termination, on a permanent basis. This prohibition includes any period during which the denial, suspension, revocation, or termination is being contested. The ASAP director, or the policy board in the situation where the action pertains to an ASAP director, shall return the VASAP Certification Letter to the commission within 15 days of the date that the certification was suspended, revoked, or terminated by the commission.
E. ASAP directors shall be responsible for any ASAP employee, including themselves, who provides any ASAP services without a valid VASAP Certification Letter, excluding a new employee who is within the first 90 days of employment, and shall be subject to a fine of up to $500 per occurrence, to be approved by the executive finance committee, payable to the Treasurer of Virginia. In this instance, the commission will notify the applicable jurisdictions of the violation. If the violation continues, the commission shall review the ASAP's certification at the next commission meeting.
F. Once the completed application has been approved by the commission, and all other qualifications have been met by the applicant, a VASAP Certification Letter to perform ASAP services in the Commonwealth of Virginia and to ASAP offenders residing out of state shall be issued to the applicant in a method approved by the commission. In the event that an applicant is not approved for a VASAP Certification Letter to perform ASAP services in the Commonwealth of Virginia or to ASAP offenders residing out of state, the commission will notify the ASAP employee in writing within 10 days of the determination. The VASAP Certification Letter is subject to review by the commission at its discretion during the course of the certification period.
G. ASAP employees are required to successfully complete 10 hours of commission-approved continuing education on an annual basis in order for their certification to perform ASAP services in the Commonwealth of Virginia and to ASAP offenders residing out of state to remain valid. ASAP employees who fail to successfully complete 10 hours of commission-approved continuing education on an annual basis shall have their certification suspended by the executive director on the annual expiration date of the certification unless otherwise approved by the executive director. The annual time period to complete the 10 hours of commission-approved continuing education for all ASAP employees is calculated as 365 days from their original certification date and falls on the same date on an annual basis for all subsequent years. The executive director shall determine the parameters required for successful completion and awarding of commission-approved continuing education courses.
H. An ASAP employee who has had state certification denied, revoked, or terminated shall be ineligible to reapply for a VASAP Certification Letter unless otherwise approved by the commission.
I. ASAPs are required to notify the commission in writing of any employee who is no longer an employee of the ASAP within 48 hours of the ASAP employee's employment end date.
J. In addition to the successful completion of the VASAP Certification Exam required for application, the executive director may order that an ASAP employee review requirements and retake the VASAP Certification Exam to demonstrate that the employee possesses the knowledge required to adequately perform ASAP services in the Commonwealth of Virginia and to ASAP offenders residing out of state.
K. ASAP employees are permitted to perform ASAP duties without a VASAP Certification Letter for up to [ (insert a date six months after the effective date of this regulation) December 21, 2023, ] unless otherwise approved by the executive director.
Application for Distribution of Commission on VASAP Funds (filed 1/2023)