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Virginia Administrative Code
Title 24. Transportation and Motor Vehicles
Agency 35. Commission on the Virginia Alcohol Safety Action Program
Chapter 40. Certification Requirements Manual
5/31/2020

24VAC35-40-40. Organization and Administration.

Category 1 - Statement of Purpose

Sc. 1: Each ASAP shall have a written statement of purpose which shall include its relationship to transportation safety, the courts and the community.

Sc. 2: Each ASAP shall have written goals and objectives which reflect the overall Commission on VASAP goal.

Category 2 - Authority

Sc. 1: Each ASAP shall have an independent legally-constituted policy board which has due authority for the operation of the program.

Sc. 2: The program policy board shall have written regulations and bylaws which follow the commission on VASAP policies and procedures and includes at minimum:

a. Purpose and responsibility.

b. Method of appointment of members (who, how, when, tenure).

c. Frequency of meetings

d. Parliamentary authority

e. Responsibility of independent policy board to the Commission on VASAP for adherence and compliance of local program with statewide regulations.

Sc. 3: Each ASAP shall have a program organizational chart which clearly delineates administrative and staff responsibility for program operations, and reflects positions identified through job descriptions.

Sc. 4: Each ASAP shall have an identifiable director as defined in the policy and procedure manual, 24VAC35-20-10.

Category 3 - Personnel

Sc. 1: Each ASAP shall have an explicit written job description which includes minimum, explicit job qualifications for all staff positions. The review team will sample and review descriptions for all positions on the organizational chart.

Sc. 2: Each ASAP shall have a written personnel policies and procedures manual which shall, at minimum comply with all applicable federal, state or local mandates. The manual, at minimum, shall include the following areas:

a. Benefits: Each ASAP shall have clear descriptions of personnel benefits.

b. Confidentiality: Each ASAP shall have policies and procedures regarding disclosure of defendant information which comply with all state and federal regulations. Included in these procedures shall be measures to ensure security, storage, access and destruction of all defendant records.

c. Conflict of interest: Each ASAP shall have policy and procedures to avoid any activity deemed to be in conflict with the interests of the program, as defined in the VASAP Policy and Procedures Manual, 24VAC35-20-10 et seq.

d. Affirmative action plan: Each ASAP shall promote equal employment opportunity in recruitment and selection processes by ensuring that qualification requirements do not limit or restrict employment opportunities because of race, color, religion, national origin, political affiliation, handicap, sex or age (except where there is a bona fide occupational requirement).

e. Equal employment opportunity: Each ASAP shall have policy and procedures to provide equal employment to employees and applicants for employment in all aspects of personnel management and race, color, religion, national origin, political affiliation, handicap, sex or age (except where there is a bona fide occupational requirement).

f. Grievance procedures: Each ASAP shall have policy and procedures to provide for resolution of employee problems and complaints wherein employees can freely discuss their concerns and ensure that employees will have an effective procedure by which various grievances can be fairly and objectively reviewed.

g. Office hours: Each ASAP shall have stated specific hours of program operation.

h. Salary scales: Each ASAP shall have policy and procedures to assign a salary grade for each job position in accordance with local pay scales approved by the local policy board.

i. Performance appraisal: Each ASAP shall have policy and procedures to provide an effective means for appraising the work performance of employees and for providing a pay for performance system.

j. Personnel records: Each ASAP shall have policy and procedures to maintain a complete and accurate personnel record for each employee. Included in these procedures shall be measures to ensure security, storage, access and destruction of all personnel records.

k. Probationary period: Each ASAP shall have policy and procedures to require satisfactory completion of a probationary period as a prerequisite to continued employment, unless otherwise determined by local or state directives.

l. Purchasing: Each ASAP shall have a written procurement plan.

m. Reduction in force (staff): Each ASAP shall have a written reduction in force (staff) policies and procedures. An annual reduction in force plan shall include clear and distinct criteria and processes for personnel and positions affected, as well as, rationale for each proposed staff reduction and budgetary impact.

n. Standard of conduct: Each ASAP shall have written standards of conduct designed to protect the well-being and rights for all employees, to provide a safe efficient operation and to maintain compliance with public law.

o. Termination of employment: Each ASAP shall have policies and procedures for termination of employees.

p. Training: Each ASAP shall have policy and procedure to ensure that all staff participate in all Commission on VASAP training as well as to encourage and assist in staff development through academic study or through such other means to contribute to further service to the local ASAP program.

q. Travel: Each ASAP shall have policy and procedures for work related travel. Where local regulations do not exist, travel must conform with the Commonwealth of Virginia travel regulations.

Sc. 4: The certification review team will require documentation, evidence, or statements verifying action or efforts to fulfill each policy or procedure. Examples of documentation may include the following:

a. Job description;

b. Purchasing documents;

c. A copy of an EEO policy;

d. Staff interview; and

e. Travel reimbursement documents.

Category 4 - Staffing

Sc. 1: Each ASAP shall employ staff to ensure that required services are provided for each referral.

Sc. 2: Each ASAP shall employ staff to ensure that each component activity is completed.

Category 5 - Components

Sc. 1: Each ASAP shall have written action plans, policy statements and exhibits of work for each of the components.

A. Enforcement.

1. Each ASAP shall have written policy statements regarding:

a. Increasing the number of persons arrested and convicted of DUI.

b. Reducing the average BAC of arrested motorists.

2. The certification review team will require documentation, evidence, or statements verifying action or efforts used to fulfill requirements.

Examples of documentation may include the following:

-local, regional, state DUI-related training

-local, regional, state DUI-related projects/programs

-enforcement contacts, formal and informal

-services provided (roll-call activities, films, materials, etc.)

-policy board representation; and

-grant funding activity

B. Adjudication.

1. Each ASAP shall have policy statements regarding:

a. Enhanced adjudication of DUI offenders

b. Maintaining a consistent rate of DUI referrals

2. The certification review team will require documentation, evidence, or statements verifying action or efforts to fulfill the requirements. Examples of documentation may include:

-local, regional, state DUI-related training

-local, regional, state DUI-related projects/programs

-judicial contacts, formal and informal

-availability of ASAP personnel for court hearings and testimony

-services provided (administrative/clerical, personnel, presentations, evaluations, etc.)

-policy board representation

C. Case management.

1. Each ASAP shall have policy statements requiring adherence to case management policies contained in the Commission on VASAP Policies and Procedures Manual (24VAC35-20-10 et seq.).

2. The certification review team will examine up to 10% of the active caseload or no more than 150 files. Case managers will be interviewed and case management systems will be examined, including local ASAP forms and documents.

3. The team will review the following areas of regulation, and will require documentation for verification of:

a. Training

b. Transfers

c. Referral contact

d. Intake

e. Classification

f. Education/treatment referral

g. Monitoring

h. Reporting

D. Education/treatment.

1. Each ASAP shall have policy statement regarding:

a. Use of standardized VASAP curricula

-education

-intensive education

-young offenders (if applicable)

b. Use of treatment referral resources which are properly licensed

2. The certification review team will require documentation, evidence, or statements verifying action or efforts to fulfill the requirements. Examples of documentation may include:

a. Copies of service provider contracts or letters of agreement for both educational and treatment services

b. Copies of license of service providers

c. Copies of confidentiality regulations (local, state, federal)

d. Evidence of adherence to reporting guidelines from service providers:

-written receipt of referral within five working days

-Individual treatment plan within 15 days of the treatment interview

-written notice of change in treatment plan within 15 days

-verbal notice next working day, and written notice within five days, of absence or any other violation

-written progress reports every ninety days as well as final reports from treatment providers

-written final education reports

-written interim and final intensive education reports.

e. ASAP reports to service provider.

-written notice of referral summary of alcohol/drug information

-written notice of terminations, transfers, and excused and unexcused absences.

f. Evidence of instructor training for education and intensive education.

E. Public Information, education and prevention (PI & E).

1. Each ASAP shall have policy statements regarding the following:

a. Prevention and reduction of DUI incidents

b. Increase public knowledge of VASAP

c. Increase public knowledge of the alcohol/drug problem in transportation safety

2. The certification review team will require documentation, evidence or statements verifying action or efforts to fulfill the requirements. Examples of documentation may include:

a. Designation of person(s) in charge of PI & E activities

b. Annual PI & E plan

c. Participation in Commission on VASAP and other statewide PI & E campaigns

d. Attendance at PI & E training workshops

e. Serve as PI & E resource for the community

F. Evaluation and certification.

1. Each ASAP shall have policy statements regarding:

a. Designation of person(s) in charge of evaluation activities;

b. Production of annual program report;

c. Evaluation of education/treatment services; and

d. Participation in state surveys/evaluation projects.

2. The certification review team will require documentation, evidence or statements verifying action or efforts to fulfill the requirements. Examples of documentation may include:

a. Automated systems reports;

b. Annual program reports;

c. Evidence of evaluations from education and treatment programs; or

d. Evidence of participation with Commission on VASAP and other statewide information gathering projects.

Category 6 - Fiscal Policies

Sc. 1: Each ASAP shall have written fiscal policies and procedures conforming to generally-accepted accounting principles. Such policies should include, at minimum, budgeting, purchasing, auditing, property management, receipt of revenue, accounts payable, accounts receivable and methods of accounting. Each ASAP shall have policies which conform to fiscal requirements provided in the policy and procedure manual (24VAC35-20-10 et seq.).

Category 7 - Security and Confidentiality

Each ASAP shall have written policies which conform to the security and confidentiality requirements provided in the Policy and Procedure Manual, 24VAC35-20-220.

The certification team will require documentation, evidence or statements verifying efforts to fulfill the requirements. Examples of documentation may include the following:

a. Release of information form;

b. Disclosure logs; and

c. File location and security.

Category 8. Waiver

Sc. 1 A justified exemption may be granted from a specific ASA certification requirement or any part thereof.

Sc. 2: The ASAP requesting a waiver shall submit the request in writing to the executive director.

Sc. 3: The executive director must act on the waiver request within 15 calendar days after receipt of the request in conformance with § 3.3 of the Policy and Procedure Manual, 24VAC35-20-10.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-04 § 2.3, eff. September 13, 1989; amended, Volume 07, Issue 09, eff. February 28, 1991.

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