Title 18.2. Crimes and Offenses Generally
Chapter 7. Crimes Involving Health and Safety
§ 18.2-273.7. Procedure when suspension, revocation, etc., of certification of local ASAP.
A. Every local ASAP shall be certified at least every three years. Any local ASAP that is found not in compliance shall submit an action plan within 10 days of notice from the Commission that such local ASAP is not in compliance. The Commission may issue conditional certification, extend corrective periods, or revoke certification for noncompliance. The Commission may regionalize, merge, reorganize, or decertify any local ASAPs as necessary to maintain statewide standards and may establish regional leadership teams to assist programs in achieving compliance. The executive finance committee of the Commission may, for a period not to exceed 90 days, suspend the certification of a local ASAP when the committee determines that such action is necessary due to (i) noncompliance with Commission standards or regulations; (ii) fiscal mismanagement; or (iii) any other conduct that threatens the integrity, efficiency, or public confidence in the statewide ASAP system. Upon suspension by the executive finance committee, the Executive Director of the Commission may take such administrative action necessary to protect program integrity, including prohibiting the suspended local ASAP from receiving new referrals and restricting the suspended local ASAP from accessing any information systems provided by or through the Commission. In the event the Commission suspends, revokes, or declines to renew the certification of a local ASAP, the Commission shall take such actions as necessary to ensure the continued availability of mandatory alcohol safety action services within the affected judicial district. A local ASAP that has had its certification suspended shall continue to provide services for referrals received prior to the effective date of the suspension unless otherwise directed by the Commission.
B. The Commission may, for a period not to exceed 12 months, directly administer or contract for the administration of an interim program to provide mandatory alcohol safety action services. During such interim period, the Commission shall have all powers and duties of a certified local program pursuant to § 18.2-273.4. In lieu of direct administration, the Commission may authorize one or more neighboring certified local ASAPs to provide services to offenders residing or convicted within the affected jurisdiction under such terms and conditions as the Commission deems appropriate to maintain service continuity and judicial compliance.
C. The Commission may enter into temporary contracts with qualified public or private entities that meet minimum standards established by the Commission to provide assessment, monitoring, education, and related services during the interim period.
D. Upon the decertification of a local ASAP, all unexpended revenues, reserve balances, accounts receivable, and other funds or assets held by, or for the benefit of, the decertified program shall immediately revert to the Commission. Such funds and assets shall be deposited with the State Treasurer for use solely in the administration of interim services and the reestablishment, certification, or reformation of a new local ASAP to serve the affected area.
E. The Commission shall, during the interim period, facilitate the reestablishment or certification of a new local ASAP for the affected area.
F. Upon certification of the new program, or at the expiration of 12 months, whichever occurs first, the temporary administration authority under this section shall cease unless extended by the Commission for good cause. Such extension shall not exceed six months.
G. The Commission shall report all actions it takes pursuant to this section, including reasons for decertification of a local ASAP, disposition of funds or assets received, and the status of interim service delivery, in its annual report to the Governor and the General Assembly as required pursuant to § 18.2-273.4.