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Virginia Administrative Code
Title 24. Transportation And Motor Vehicles
Agency 35. Commission On The Virginia Alcohol Safety Action Program
Chapter 80. Alcohol Safety Action Program Regulation
11/21/2024

24VAC35-80-90. Alcohol Safety Action Program certification.

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.

Statutory Authority

§ 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 39, Issue 20, eff. June 21, 2023.

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