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.

"Annual meeting" means a meeting of the local ASAP policy board designated in the bylaws for the purpose of electing officers and filling expired member terms that is open to the public in accordance with state and federal Freedom of Information Act laws.

"Approved treatment provider" means a treatment provider approved for inclusion in the commission treatment provider directory.

"ASAP Code of Conduct" means a standard of ethics for all local 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.

"Case management system" means the electronic system designated by the commission for the exchange of information between local ASAPs, approved treatment providers, and any other entity approved by the executive director.

"Certification" means the process of certifying local ASAPs as set forth in the Commission on VASAP Certification Manual or the process for certifying ;local ASAP employees to provide local ASAP services in the Commonwealth of Virginia and to local 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 June 5, 2026, a manual required by § 18.2-271.2 § 18.2-273.3 of the Code of Virginia to be created by the Commission commission, which evaluates an a local ASAP for its organization management, fiscal standing, and overall operation.

"Community service board" means a community service board as established by Chapter 5 (§ 37.2-500 et seq.) of Title 37.2 of the Code of Virginia.

"Conflict of interest" means any financial, professional, contractual, personal, or business interest that may reasonably be expected to impair independence of judgment, create preferential treatment, result in financial gain, or undermine public confidence in the administration of a local ASAP.

"DMV Department" 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 and such other members as the commission, two may designate that is authorized to take action on behalf of the commission members, and such other persons for a period not to exceed 90 days in matters of program certification, suspension, or related fiscal oversight.

"Fiscal agent locality" means the county, city, or town, pursuant to § 18.2-273.6 of the Code of Virginia, that serves as the financial and human resources administrator for a local alcohol safety action program.

"Local alcohol safety action program" or "local ASAP" means a program established pursuant to § 18.2-273.4 of the Code of Virginia that provides probation, education, and rehabilitation services for persons referred by a court, the department, or any other source approved by the commission.

" Local ASAP director" or "ASAP director" means local ASAP employee responsible for the supervisory, managerial, and operational oversight of a local alcohol safety action program, including supervision of local ASAP employees, fiscal and budgetary management, and compliance with commission standards and regulations. The term includes any individuals serving in an interim, acting, or deputy capacity.

"Local ASAP employee" or "ASAP employee" means any individual employed, appointed, assigned, detailed, or otherwise engaged by a local alcohol safety action program to perform any duties or service on behalf of, in support of, or under the authority of the local ASAP, regardless of title, classification, funding source, compensation method, schedule, or work location. The term includes full-time, part-time, temporary, probationary, seasonal, intermittent, acting, or detailed personnel and encompasses administrative, supervisory, managerial, executive, operational, compliance, financial, technical, and support roles. The term specifically includes any individual serving as ASAP director, interim director, acting director, deputy director, or in any equivalent leadership or oversight capacity. Any employee whose duties include, in whole or in part, responsibilities for a local ASAP is deemed an ASAP employee for certification and regulatory purposes. The term excludes instructors, interns, or facilitators who provide services solely as independent contractors under a written contract and who are not otherwise employees of the local ASAP and any policy board member.

"Policy board" means an the local independent ASAP policy board that is advisory in nature, chosen and operated in accordance with procedures promulgated by the commission established pursuant to § 18.2-273.5 of the Code of Virginia to provide local governance, budget approval, and initial approval and work in consultation with the fiscal agent of the local ASAP regarding employee matters of a certified local alcohol safety action program.

"Regional leadership team" means a regional team, established by the executive director, charged with assisting local ASAPs in achieving and maintaining commission certification requirements.

"Revenues" means any fee due to or collected by an a local ASAP for services provided by the local ASAP.

"Supplemental or emergency funding" means funds allocated by the commission pursuant to § 18.2-273.4 D of the Code of Virginia to ensure the continued operation or re-establishment of a local alcohol safety action program experiencing financial hardship or other circumstances that threaten service continuity.

"Target collection rate" means a rate of collection by an a local 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.

"Third-party provider" means any individual or entity that provides services to local ASAP-referred participants, including treatment, ignition interlock, remote alcohol, and intelligent speed assistance service providers or manufacturers and any vendor receiving referrals, payments, or participants from a local ASAP.

"Treatment provider" means an individual, agency, or organization licensed to provide substance use disorder assessment, education, or treatment services to offenders referred by local ASAPs.

"Treatment provider directory" means the commission's directory of approved treatment providers used by local ASAPs to facilitate referrals for assessment and treatment services with the offender selecting the provider.

"VASAP" means the Virginia Alcohol Safety Action Program.

"VASAP Certification Exam" is means a commission-created certification exam that is administered by the commission to local ASAP employees and is part of the application process for individuals seeking a VASAP Certification Letter to perform local ASAP services in the Commonwealth of Virginia and for local 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 verifying certification as required by § 18.2-273.8 of the Code of Virginia to any eligible local ASAP employee authorizing the employee to perform local ASAP-related duties in the Commonwealth of Virginia. Local 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.

A. Alcohol Local alcohol safety action programs shall consist of, at a minimum, an a local ASAP director, staff deemed necessary by the commission, and the local policy board to efficiently accomplish all duties of the program.

B. Local ASAPs shall be accessible to the public for all local ASAP-related services during days and times established by the commission. The commission shall determine the method of accessibility.

C. Local 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. Local 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 local ASAP unless otherwise approved by the executive director.

A. Each local 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. The local policy board shall review and approve annual program budgets, participate with the fiscal agent in hiring and firing of the program director and other personnel, and meet as required by this section.

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. Local ASAP employees shall not serve as a member of the policy 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 policy 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 policy board members from the nomination of other policy 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 policy board member selections.

H. The officers of the policy board shall consist of a chairperson and such subordinate officers as the policy 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 local community service board member and (ii) may appoint a local sitting or retired District Court 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 June 21, 2023, shall apply to the executive director for approval to remain in their current position within 30 days of 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 policy board at its annual meeting a slate of nominees for election as officers and a slate of nominees to fill any policy board vacancies. All policy 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. K. Regular meeting of the policy 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. If a policy board fails to meet as required, the commission may reconstitute or replace the policy board, appoint interim members, or implement any other corrective action the commission deems necessary.

M. L. The policy board or its executive committee may go into executive session when legally appropriate.

N. M. Policy board meetings shall adhere to state and federal Freedom of Information Act laws.

O. N. 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. O. Two-thirds attendance of the policy board membership shall constitute a quorum for any policy board meeting.

Q. P. The commission may merge, reconstitute, disband, or regionalize a policy board in instances where the commission is merging or regionalizing the local ASAP in which the policy board provides oversight.

Q. Policy board members charged with a class 1 misdemeanor or felony shall be immediately suspended from the policy board, with voting privileges revoked, until the charge is adjudicated. The executive director will advise the appointing authority of the suspension and will collaborate with the appointing authority to determine the member's eligibility to be reinstated. The commission retains the right to determine continued program certification should policy board members be deemed inappropriate to serve.

R. Effective January 1, 2028, each local ASAP shall have written bylaws governing the operation of its policy board and the internal affairs of the program. Current or proposed bylaws and any amendments shall be submitted to the local ASAP's fiscal agent for prior approval to adoption by the policy board. Following fiscal agent approval, bylaws and amendments shall be adopted. Bylaws shall not conflict with commission regulations. Any provision that conflicts with commission regulations or directives shall be void to the extent of the conflict. Bylaws not approved by this date shall not be considered in effect until approved by the local ASAP's fiscal agent.

S. Policy board members are expected to attend all regular and special meetings of the policy board. A policy board member shall be absent no more than two regular policy board meetings in the calendar year. A policy board member who anticipates absence from a third or subsequent meeting within the same calendar year shall request approval in advance from the appointing authority. The executive director reserves the right to request removal of any policy board member who accumulates three or more absences in a calendar year without prior approval from the appointing authority. Local ASAP policy board meeting minutes shall be submitted to the commission on a quarterly basis.

A. The provisions of this section are promulgated pursuant to §§ 18.2-273.4 and 18.2-273.6 of the Code of Virginia and shall become effective January 1, 2028.

B. Each county, city, or town that has established or jointly participates in a local ASAP shall provide financial support necessary to sustain the operations of the local ASAP in accordance with the requirements of this section.

C. Each local ASAP shall submit an annual budget to the commission pursuant to 24VAC35-80-80. The budget shall identify:

1. Projected program revenue derived from offender fees and other authorized sources;

2. Projected operational expenditures necessary to maintain program services;

3. Current reserve balances; and

4. Any anticipated funding shortfall for the upcoming fiscal year.

Following approval of the annual budget by the commission, each local ASAP shall determine the local funding requirement, which shall equal the commission-approved annual budget minus projected revenues and available program reserve funds. Reserves include all unexpended revenue to include money in operational accounts, certificates of deposit, or any other asset the commission determines as unexpended revenue. A local ASAP seeking to receive funding from any municipality shall submit a request to the executive director for approval before such request. The request shall be submitted in a format established by the executive director. The executive director will notify the local ASAP director and policy board chair in writing of the final decision.

D. For a local ASAP serving a single jurisdiction, the participating locality shall provide financial support necessary to fund the commission-approved budget after projected revenues are applied. For a local ASAP serving multiple jurisdictions, participating localities shall provide financial support sufficient to meet the local funding requirement in accordance with a written funding agreement approved by the commission.

E. A local ASAP serving more than one locality shall maintain a written funding agreement among all participating localities that establishes the methodology for allocating program operational costs. The funding agreement shall:

1. Define the methodology used to allocate financial responsibility among participating jurisdictions;

2. Identify the fiscal agent locality responsible for financial administration;

3. Establish procedures for annual review of funding obligations; and

4. Be submitted to the commission for review and approval as a condition of program certification.

The commission shall review the funding agreement to ensure the cost allocation methodology equitably distributes program costs among participating jurisdictions.

F. Unless otherwise approved by the commission, the cost allocation methodology for a multi-jurisdiction local ASAP shall be based upon the proportion of program referrals originating from each participating locality during the preceding fiscal year. The financial share attributable to each participating locality shall be calculated by multiplying the total local funding needed by the program by the number of the locality's referrals into the local ASAP divided by the number of total referrals into the local ASAP for the same time period. Alternative allocation methodologies may be approved by the commission if the participating jurisdictions demonstrate that the methodology equitably distributes program costs. Such methodologies may include factors such as population, historical utilization, or other measurable program demand indicators.

G. Upon determination of the funding requirement and allocation of financial responsibility, the local ASAP shall provide written notice to each participating locality and to the commission. The notice shall include:

1. The commission-approved program budget;

2. Projected program revenues;

3. The calculated funding requirement;

4. The cost allocation methodology used; and

5. The funding share attributable to each locality.

Participating localities shall provide financial support through annual appropriations in the locality's local budget or through other funding mechanisms agreed to by the participating jurisdictions.

H. The commission may authorize supplemental or emergency funding when a local ASAP demonstrates that extraordinary and unforeseen circumstances threaten the continuation of mandatory local ASAP services within the affected jurisdiction. Circumstances that may constitute emergency funding include:

1. Sudden and substantial revenue loss not attributable to poor fiscal planning;

2. Natural disaster or declared emergency affecting program operations;

3. Loss of fiscal agent support;

4. Unanticipated facility loss or critical infrastructure failure; or

5. Other circumstances determined by the commission to threaten service continuity.

The existence of a projected budget deficit alone shall not constitute an emergency. Failure or refusal of a participating locality to provide financial support required pursuant to § 18.2-273.4 of the Code of Virginia shall not, by itself, constitute an emergency for purposes of commission supplemental or emergency funding. A local ASAP requesting supplemental or emergency funding shall demonstrate that it has taken reasonable and documented steps to secure required local funding and enforce any commission-approved funding agreement.

I. No local ASAP shall be eligible to request supplemental or emergency funding from the commission unless it has:

1. Maintained a collection rate at or above the target collection rate for a period of 12 consecutive months;

2. Demonstrated compliance with approved funding agreements; and

3. Demonstrated reasonable fiscal planning and management.

Nothing in this subsection shall prohibit the commission, in its discretion, from providing temporary funding necessary to prevent interruption of mandatory services while corrective action is pursued. The commission shall retain sole discretion in determining eligibility, amount, duration, and conditions of supplemental or emergency funding.

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. Local ASAPs shall maintain reserve funds and operational accounts in a manner that ensures fiscal integrity and accountability. All reserve funds must be deposited in a financial institution that is insured by the Federal Deposit Insurance Corporation (FDIC). Local ASAPs shall not accept cash payments from clients under any circumstances; all payments must be made through traceable and auditable methods as approved by the commission. Additionally, no local ASAP director or program staff shall establish, modify, or maintain any banking or financial account on behalf of the program without the prior written approval of the assigned fiscal agent. These requirements are intended to safeguard public funds, ensure transparency in financial operations, and maintain compliance with applicable state and federal financial management standards.

B. Reserve funds shall be maintained at levels sufficient to ensure the continuity of operations during periods of revenue disruption, unexpected expenditures, or emergencies. Each local ASAP shall establish a target reserve balance, expressed as a minimum number of months of operating expenses, as approved by the executive director. Any reserve levels exceeding or falling below the approved thresholds must be justified in writing and approved by the assigned fiscal agent. Reserve funds shall not be used for routine operating expenses except in circumstances where necessary to maintain program stability, and such use must be documented and reported in accordance with requirements of the executive director.

C. All reserve funds shall be fully accounted for within the program's official financial records and subject to the same internal controls, reconciliation procedures, and audit standards as operating funds. Local ASAPs shall perform regular reconciliations of operational and reserve accounts, at a minimum, on a monthly basis, and such reconciliations shall be reviewed and approved by appropriate supervisory personnel or the fiscal agent. Reserve activity, including deposits, withdrawals, and transfers, must be clearly documented and retained in accordance with applicable retention policies.

D. Withdrawals or transfers from reserve funds shall require prior authorization in accordance with established approval thresholds set by the commission and the assigned fiscal agent. At a minimum, any use of reserve funds must be supported by written justification, demonstrate a clear programmatic need, and receive documented approval from the fiscal agent or other designated authority. Under no circumstances shall reserve funds be used for personal benefit, unauthorized expenditures, or activities outside the scope of the local ASAP's mission.

E. Local ASAPs shall not invest reserve funds in speculative, high-risk, or non-secure financial instruments. Any investment of reserve funds must prioritize preservation of principal, liquidity, and safety, and must comply with applicable state laws and commission policies governing public funds. Permissible investments, if any, must be explicitly approved by the executive director and the assigned fiscal agent.

F. Each local ASAP shall include reserve fund status as part of its regular financial reporting to the commission. Reports shall include current reserve balances, any changes during the reporting period, and explanations for significant fluctuations. The commission reserves the right to impose corrective actions, required reserve replenishment plans, or restrict the use of funds if a local ASAP fails to comply with reserve requirements or demonstrates financial mismanagement.

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, and for any program that has a designated fiscal agent, to the fiscal agent, by the 15th calendar day of the following month. Effective January 1, 2028, all programs shall have a fiscal agent, and approval shall require the concurrence of both the commission and the program's fiscal agent. Local 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.

Local 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 local ASAP financial reports, to include monthly financial reports, budgets, or any other financial report required by the commission, shall be submitted to the commission, and for any program that has a designated fiscal agent, to the fiscal agent, via a method established by the commission. A daily financial reconciliation shall be completed every calendar day, including weekends and holidays. Reconciliations for days on which the program is closed shall be completed no later than the next business day unless otherwise approved by the executive director. Each reconciliation shall be completed in a format, contain such information, and be submitted to the commission, and for any program that has a designated fiscal agent, to such fiscal agent by a method established by the executive director. Effective January 1, 2028, all programs shall have a fiscal agent, and financial reports shall be sent to both the commission and the fiscal agent for all programs.

E. Local ASAPs are required to remit the state share fee payment owed from each monthly financial report to the commission no later than 30 days from the monthly financial report's due date established in subsection C of this section. Any local ASAP failing to meet this requirement shall pay from local ASAP fees 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 state share fee payment 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 state share fee payment is not received by the commission.

Local ASAPs that fail to submit required financial reports in accordance with the timelines established in this subsection shall be subject to monetary penalty as prescribed by this subsection. In addition, for any local ASAP that has a designated fiscal agent, the fiscal agent shall be required to appear before the commission's executive finance committee and present a corrective action plan addressing the deficiencies in financial reporting, including specific measures to ensure compliance within 90 days. The fiscal agent shall implement the approved corrective action plan and demonstrate timely improvement. If the local ASAP fails to achieve compliance within the 90-day period, the fiscal agent, if one has been designated, and the local ASAP shall be required to appear before the commission at its next scheduled meeting to address the continued noncompliance. At that time, the commission may take further action, including decertification of the local ASAP. Effective January 1, 2028, when each ASAP is required to have a designated fiscal agent, the requirements of this section shall apply to both the local ASAP and its fiscal agent for all programs.

F. Local ASAPs shall be subject to an annual financial audit conducted by an independent auditor selected and retained by the commission at the commission's expense. Each local ASAP is required to maintain complete, accurate, and audit ready financial records, internal records, and supporting documentation in accordance with applicable state policies and general accepted accounting principles. In the event that the local ASAP is determined by the commission or its contracted auditor to be unprepared for the scheduled audit, resulting in additional audit procedures, extended field work, delays, or other unanticipated costs, any such incremental expenses occurred beyond the standard audit scope shall be the responsibility of, and reimbursed by, the local ASAP to the commission. Failure to cooperate fully with the audit process or to maintain adequate records may result in further administrative action as deemed appropriate by the commission.

A. Local 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. Effective January 1, 2028, budgets shall be approved by the local ASAP's fiscal agent prior to submitting to the commission for approval. 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 local 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 local ASAP administrative and state share fees owed to the commission.

C. Local ASAPs may use a local political subdivision as a fiscal agent if approved by the commission. Effective January 1, 2028, as a condition of certification by the commission, each local ASAP shall designate a county, city, or town for which it serves to act as its fiscal agent locality. Any desired change in fiscal agent by an a local 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 local 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 executive director shall respond to the local 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 lASAP 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. Local ASAPs shall adhere to the certification process and procedures for certifying local ASAPs as established in the Commission on VASAP Certification Manual and maintain the required certification standards of the commission at all times.

C. Local ASAPs shall be certified, at a minimum, at least every three years.

D. If an a local ASAP is found to be out of compliance during certification, the local 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 local ASAP has resolved all outstanding noncompliance issues in a satisfactory manner. If noncompliance issues remain, the local ASAP's conditional certification may be extended or their its full certification may be revoked by the commission.

E. An A local 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 local ASAP certification requirement or any part thereof of a requirement by the executive director.

F. The executive director may, at the executive director's discretion, establish or conclude a regional leadership team to assist local 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. Local 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 local ASAP to continue to receive referrals from the courts and provide services for DMV department administrative cases. Local ASAPs that have been conditionally certified shall remain conditionally certified pending review at the next commission meeting.

A. The executive finance committee, for a period not to exceed 90 days, may suspend certification of an local ASAP for the following reasons, including:

1. When an a local ASAP knowingly violates any state or federal law;

2. When an a local ASAP violates any requirements of the Commission on VASAP Certification Manual;

3. When an a local ASAP abuses access to the DMV department system or any system created or co-created by the commission and provided to the local ASAPs by the commission for use;

4. When an a local ASAP consistently fails to adhere to the case management operational guidelines;

5. When an a local 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 local ASAP noncompliance or customer service issues;

7. When the local ASAP or an the local ASAP's policy board impedes, interrupts, disrupts, or negatively impacts an investigation conducted by the commission of the local 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 a local ASAP attempts to conceal any source of income or financial assets owned by or in control of in whole or in part by the local ASAP;

9. When an a local 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 a local ASAP fails to cooperate, in any way, with the regional leadership team; or

11. When an a local ASAP fails to abide by the recommendations of the regional leadership team;

12. When a local ASAP fails to designate and maintain a valid fiscal agent locality in compliance with § 18.2-273.6 of the Code of Virginia; or

13. When a local ASAP violates any conditions set forth in 24VAC35-80-125 pertaining to conflicts of interest, disclosures, prohibited relationships, or facility use.

The provisions of subdivision A 12 of this section shall become effective January 1, 2028.

B. If a suspension of an a local ASAP occurs by the executive finance committee, the executive director may:

1. Prohibit the suspended local ASAP from receiving any court referrals or from providing services for DMV department administrative cases during the suspension period.

2. Eliminate local ASAP access to the DMV department system or any system created or co-created by the commission and provided to the local ASAP by the commission for use.

C. In cases where the certification of an a local ASAP is suspended, the local ASAP shall continue to provide services for all referrals received prior to the suspension date unless otherwise desired by the commission. The local ASAP will not be permitted to receive referrals from the court or provide services for DMV department administrative cases during the period of suspension unless otherwise approved by the commission.

D. In cases where an local ASAP decides to dissolve on its own accord, the local ASAP shall continue to provide services for all referrals received up until the date the local ASAP communicates to the commission its intent to dissolve. The local ASAP shall continue services for these referrals until all referrals are completed in a satisfactory manner as determined by the commission.

E. Local 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 department administrative cases indefinitely unless otherwise approved by the commission. If the certification of an a local ASAP is revoked, the local 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.

F. Upon issuance of a final order of decertification by the commission, the decertified local ASAP shall immediately cease expending program funds, excluding payroll and employee benefits, taxes owed, and any other funds expressly authorized in writing by the commission. The local ASAP shall not incur new financial obligations, enter into contract, transfer or encumber assets, or otherwise dispose of funds or property. The effective date of decertification shall trigger the mandatory transfer and reversion provisions set forth in this subsection.

G. Within three business days of the effective date of decertification, all financial accounts associated with the decertified program shall be frozen, excluding funds, property, and in-kind municipality contributions to the program, for outgoing disbursements except as authorized by the commission. The governing board or fiscal agent of the decertified local ASAP shall take all necessary action to revoke existing authorized signatories and designate individuals identified by the commission as replacement signatories where required to effectuate transfer. Within five days of the effective date of decertification, all unexpended revenues, reserve balances, and other liquid funds held by or for the benefit of the decertified local ASAP shall be transferred to an account designated by the commission by electronic transfer or other method approved by the commission. If electronic transfer is not feasible, funds shall be delivered by certified check payable to the Treasurer of Virginia. Within 10 business days of decertification, the decertified local ASAP shall provide to the commission complete financial accounting as of the date of decertification, including a balance sheet, statement of revenues and expenditures, list of accounts receivable, list of outstanding obligations, and identification of any restricted funds. Failure to comply with this section may result in civil recovery actions and referral to the Office of the Attorney General.

H. Upon decertification, all accounts receivable of the local ASAP shall be deemed assigned by operation of law to the commission. The decertified local ASAP shall provide all billing records, payment histories, and access credentials necessary to permit the commission to collect outstanding amounts. The commission may establish new remittance instructions, utilize state-approved collections mechanisms, or otherwise take necessary action to recover outstanding program fees.

I. Within five business days of decertification, the decertified program shall surrender to the commission all property acquired with program funds, including buildings, equipment, furniture, electronic systems, software licenses, contractual documents, client files, and administrative records. This property excludes funds, property, and in-kind municipality contributions to the program. Electronic records shall be transferred in a format approved by the commission to ensure continuity of services and preservation of data integrity. The commission may take immediate possession of physical premises or property where necessary to protect program assets or records.

J. All funds and assets reverted pursuant to this section shall be deposited with the Treasurer of Virginia in an account designated for the affected jurisdiction. Such funds shall be used solely for the administration of interim services, contractual service delivery, reestablishment or certification of a successor local ASAP, administrative costs of transition, and audit or compliance activities associated with the decertification. No funds shall revert to any former governing board, officer, locality, or private entity.

K. In the event a local ASAP is decertified by the commission, the executive director shall notify the chief judges and clerks of affected courts within 10 business days of decertification and shall provide updated referral instructions and contact information. Participants enrolled prior to decertification shall continue services through interim administration by the commission or through commission reassignment to an authorized provider.

L. The commission may offer temporary employment or contractual engagement to qualified former staff of the decertified program when such action is necessary to preserve continuity of services. Nothing in this section shall create an entitlement to employment. The commission may decline to retain certification for any local ASAP employee whose conduct contributed to the basis for suspension or decertification.

M. During the interim administration period, the commission shall facilitate the reestablishment or certification of a new local ASAP to serve the affected jurisdiction. The commission may solicit applications, conduct technical assistance sessions, and establish evaluation criteria addressing governance structure, fiscal integrity, staffing capacity, and ability to maintain statewide standards.

N. Interim administrative authority shall cease upon certification of a successor program or expiration of 12 months from the date of decertification, whichever occurs first, unless extended by the commission for good cause for a period not to exceed six additional months. Upon certification of a successor program, the commission shall transfer any remaining funds attributable to a jurisdiction within 10 business days and shall complete a final accounting of interim operations.

O. The commission shall maintain documentation of all actions taken pursuant to this section, including the basis for suspension or decertification, financial disposition of reverted funds, contracts executed during interim administration, service delivery metrics, and progress toward certification of a successor program. Such actions shall be reported in the commission's annual report as required pursuant to § 18.2-273.4 of the Code of Virginia.

A. Local ASAP employees will find processes and procedures for case management, which are important to successful local ASAP certification, via the Case Management Policy and Procedure Guidelines established by the commission. Local ASAP employees shall attend any commission-provided training via a method approved by the commission.

B. Any local ASAP case manager and any other local ASAP employee who is designated by the director of any commission-certified local ASAP to provide probation and related services shall take an oath of office before entering the duties of the designated office.

A. Local ASAPs shall maintain, use, disclose, store, transport, retain, and handle destroy all offender records and all other confidential information as required by in compliance with federal, state, and local guidelines and laws, and any other applicable confidentiality, privacy, or records management requirements. In the event of a conflict between applicable authorities, the more protective standard shall apply.

B. ASAPs Access to offender records and confidentiality information shall be limited to the minimum necessary information required to accomplish the authorized purpose.

C. The requirements of this section apply to all physical records, electronic records, databases, case management systems, digital storage media, and any other format in which confidential information is maintained.

D. Each local ASAP shall implement and maintain physical and electronic security measures for all offender case files via the applicable Library of Virginia retention schedule and other confidential records. At a minimum, each local ASAP shall:

1. Store all offender case files and confidential records in locked filing cabinets or a designated locked file room when not in use by authorized personnel;

2. Restrict physical access to offender case files and confidential records to authorized employees only. A current written list of authorized employees with access to physical files shall be maintained by the local ASAP director and updated immediately of any change in access authorization.

3. Maintain a written access log documenting each instance in which a physical file is removed from its primary secure storage location, including the date of the removal, name of the accessing employee, purpose of access, and date of return. Access logs shall be retained in accordance with the applicable Library of Virginia retention schedule.

4. Ensure that keys, combinations, or access credentials for locked file storage are limited to authorized personnel and are changed promptly upon the separation or reassignment of any employee with access; and

5. Prohibit the storage of case files in any location accessible to the general public, program participants, or unauthorized third parties.

E. When a physical or electronic case file must be removed from the local ASAP facility for an authorized purpose, including court appearances or commission-directed review, the removing ASAP employee shall (i) document the removal in the access log required by subsection D of this section prior to removing the file; (ii) maintain physical control of the file at all times while off-site; (iii) not leave the file unattended in a vehicle, public space, or unsecured location; and (iv) return the file to its primary storage location and document the return in the access log upon return.

F. No third-party, including courts, law-enforcement agencies, or other governmental entities, shall be permitted unsupervised access to physical or electronic offender case files. Any review of a file by an authorized third-party shall (i) occur on site at the local ASAP facility under the direct supervision of an authorized local employee, unless required by court order or applicable law; (ii) be documented in the access log required by subsection D of this section, including the identity of the third-party and the legal basis for access; and (iii) be limited strictly to information the third-party is legally authorized to access.

G. All offender case files and other local ASAP records shall be retained in accordance with the applicable Library of Virginia records retention and disposition schedule. No record shall be destroyed prior to the expiration of the applicable retention period except as authorized in writing by the commission. Records subject to an active investigation, litigation, audit, or Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia) request shall be retained until the matter is fully resolved regardless whether the retention period has expired. Nothing in this section shall be construed to authorize the retention of records longer than permitted under applicable law.

H. Upon expiration of the applicable retention period, physical or electronic offender case files and other confidential records may be destroyed in a manner that prevents reconstruction of the information. Permissible methods include cross-cut shredding, pulping, or incineration by or through a licensed records retention vendor. Disposal of confidential records in ordinary trash or recycling containers or by any method that does not prevent reconstruction of the information is prohibited.

I. Any third-party records destruction vendor shall execute a written agreement requiring compliance with all applicable federal and state confidentiality laws. Each instance of records destruction shall be documented in accordance with the Library of Virginia. Each local ASAP shall designate, in writing, a records retention officer responsible for overseeing compliance with this section and applicable Library of Virginia retention schedules. The designation shall be filed with the Library of Virginia.

J. In the event that physical or electronic files are lost, stolen, accessed without authorization, or otherwise compromised, the local ASAP director shall:

1. Take immediate steps to secure remaining records and prevent further unauthorized access;

2. Notify the commission in writing immediately upon discovery of breach, including a description of the records involved, the estimated scope of the compromise, and the steps taken in response;

3. Notify affected participants and government agencies in accordance with applicable federal and state law;

4. Conduct and document a review of the circumstances of the breach; and

5. Implement and document corrective measures designed to prevent recurrence. Incident reports shall be maintained in the local ASAP's administrative records.

K. Employees with access to offender records shall sign a written confidentiality acknowledgment upon hire and annually thereafter.

A. Any local ASAP employee or policy board member who becomes aware of an actual or potential conflict of interest shall disclose such conflict immediately via a conflict of interest disclosure statement. Disclosure shall be made in writing by a local ASAP employee to the local ASAP director who shall, upon being notified, notify the executive director and, for any program that has a designated fiscal agent, the fiscal agent. If the conflict of interest involves an ASAP director, or policy board member, the policy board chair shall notify the executive director and, for any program that has a designated fiscal agent, the fiscal agent. Effective January 1, 2028, all programs shall have a fiscal agent, and the reporting requirements of this subsection shall apply to the fiscal agent for all programs. The written disclosure shall include the nature of the relationship of interest, any entity involved, any financial or compensation agreement, and the manner in which the conflict of interest may affect official duties.

B. Unless expressly approved in writing by the executive director and, for any program that has a designated fiscal agent, the fiscal agent, no local ASAP employee or policy board member shall:

1. Hold any ownership interest, employee relationship, independent contractor relationship, consulting agreement, referral fee agreement, commission-based compensation, or other financial interests in any third-party provider;

2. Accept any gift, gratuity, payment, incentive, or discount not available to the general public or thing of monetary value from a third-party provider;

3. Direct, recommend, influence, steer, or otherwise preferentially refer participants to a specific third-party provider for personal benefit; or

4. Participate in any vote, decision, recommendation, evaluation, contract review, or disciplinary matter involving any entity with which the individual has a conflict of interest.

Effective January 1, 2028, all programs shall have a fiscal agent and financial reports shall be sent to both the commission and the fiscal agent for all programs.

C. Any individual with a disclosed conflict of interest shall immediately recuse themselves from any discussion, vote, supervision, recommendation, or decision involving the entity creating the conflict. Recusal shall be documented in writing and maintained in the local ASAP records.

D. No local ASAP shall lease, sub-lease, rent, or otherwise permit the use of local ASAP controlled office space or facilities by a third-party provider without prior written approval of the executive director and, if the program has a designated fiscal agent, the fiscal agent. Any request for approval shall be submitted in writing and shall include proposed lease or rental terms, compensation arrangements, duration of agreement, description of space to be used, and safeguards to prevent preferential treatment or appearance of endorsement. The executive director in coordination with the fiscal agent may deny, condition, or revoke approval if the arrangement presents an actual or perceived conflict of interest or otherwise undermines program neutrality or integrity. Effective January 1, 2028, all programs shall have a fiscal agent, and approvals described in this subsection shall be given by the commission and the fiscal agent for all programs.

E. Failure to disclose a conflict of interest or engaging in a prohibited relationship under this section may result in denial, suspension, or revocation of a VASAP Certification Letter pursuant to 24VAC35-80-140, removal from a policy board, conditional certification of a local ASAP, or suspension of local ASAP certification pursuant to 24VAC35-80-100.

A. Each local ASAP employee will be provided the local ASAP Code of Conduct and a conflict of interest disclosure statement to be submitted whenever an actual or perceived conflict of interest exists or may exist.

B. Local 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. For purposes of this section, "family member" means a spouse, parent, adopted or biological child, sibling, grandparent, grandchild, aunt, uncle, nice, nephew, parent-in-law, child-in-law, sibling-in-law, or first cousin. For purposes of this section "household member" includes anyone currently cohabitating with the ASAP employee who is in a supervisory capacity.

C. Local ASAP directors shall administer in person evaluations for all employees on an annual basis unless otherwise approved by the commission or, if the program has a designated fiscal agent, the fiscal agent. Effective January 1, 2028, all programs shall have a fiscal agent, and the requirements of this subsection shall apply to all programs. Employee evaluations shall be:

1. Completed by the local ASAP director or an the local ASAP-designated supervisor on an official commission evaluation form;

2. Completed for each local ASAP employee on no less than an annual basis; and

3. Signed and dated by both the local ASAP director or a supervisor-designee and the local ASAP employee who is being evaluated. In situations where an a local ASAP employee refuses to sign the evaluation, the local ASAP director or a supervisor-designee shall write "refused to sign" under the employee signature line. The local ASAP director or a supervisor-designee shall initial and date the evaluation.

A. All local ASAP employees are required to possess a VASAP Certification Letter, issued by the commission verifying certification as required by § 18.2-273.8 of the Code of Virginia, in order to perform any local ASAP services in the Commonwealth of Virginia, including servicing local ASAP offenders with an a local ASAP requirement that may reside out of state. Newly hired employees, however, may perform local ASAP services for training purposes up to 90 days prior to obtaining a VASAP Certification Letter. The executive director may grant a written extension of the 90-day period for good cause shown. In order to apply for a VASAP Certification Letter, the local ASAP shall submit a completed application to the commission for approval for any local ASAP employee not in possession of a VASAP Certification Letter, excluding an a local 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 local ASAP services in the Commonwealth of Virginia or to local 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 local ASAP services for the Commonwealth of Virginia or for local ASAP offenders residing out of state for six months from the date of the second failed exam. Local 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 local ASAP employee.

C. In addition to the requirements of subsections A and B of this section, local ASAP employees who serve in an a local ASAP director capacity shall be required to successfully complete the following requirements to obtain and maintain a VASAP Certification Letter:

1. A minimum of 40 hours of The required commission-approved training via a format and location determined by the executive director; and

2. Verification of meetings conducted with stakeholders of the assigned local ASAP, to include all Circuit circuit and General District Court general district court judges along with their any 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;

3. In addition to the requirements of subdivisions 1 and 2 of this subsection, an individual serving in the capacity of a local ASAP director shall demonstrate competency and satisfactory performance, as determined by the commission, in the areas of management and supervision of local ASAP staff; fiscal and budgetary management; compliance with commission standards; regulations and policies; and integrity and accountability in program operations and cooperation with courts, law enforcement, and community partners as part of initial certification and continued certification;

4. Each local ASAP director shall be evaluated annually by the executive director or the executive director's designee per a commission-approved evaluation process, to assess continued competency and satisfactory performance in the areas set forth in subdivision 3 of this subsection. The annual evaluation shall include review of management practices; fiscal and budgetary oversight; compliance with commission standards and regulations; operational integrity; and cooperation with courts, law enforcement, and community partners. The commission shall establish the evaluation format, required documentation, performance metrics, and minimum standards necessary to maintain certification. Failure to satisfactorily complete the annual evaluation or demonstrate satisfactory performance in these areas may result in corrective action; conditional certification; or denial, suspension, or revocation of the local ASAP director's VASAP Certification Letter by the executive director pursuant to subsection D of this section; and

5. Each local ASAP director shall attend a minimum of 50% of quarterly commission meetings on an annual basis unless otherwise approved by the executive director.

D. The executive director may deny, revoke, suspend, or terminate a local ASAP employee's VASAP Certification Letter for any ASAP employee for any of the when any of the following reasons apply to the local ASAP employee:

1. Having Has been convicted of a felony;

2. Having Has been convicted of a misdemeanor potentially punishable by confinement;

3. Committing Committed an unethical, deceptive, or dishonest act that negatively impacts the integrity of the state VASAP system;

4. Failing Failed to demonstrate the ability to consistently comply with ordinances, statutes, administrative rules, or court orders at the local, state, or federal level;

5. Failing Failed to demonstrate sufficient knowledge or skill required to perform local ASAP services in the Commonwealth of Virginia or for local ASAP offenders residing out of state;

6. Making Made a material misstatement or omission on the application;

7. Defrauding Defrauded any client, service provider, or other person or entity in the conduct of the local ASAP's business;

8. Unethical Displayed unethical behavior. Proper employee conduct is outlined in the local ASAP Code of Conduct;

9. Failing Failed to attend any commission-mandated training without prior commission approval;

10. Failing Failed to timely enter local ASAP enrollments or completions or ignition interlock installs and completions into the DMV department system;

11. Displaying Displayed a pattern of substandard customer service;

12. Mismanagement Mismanaged of local ASAP finances;

13. Failing Failed to submit reports required by the commission to the commission within the timeframes provided by the commission; or

14. Expending Expended or directing directed another to expend budgetary funds not approved by the commission; or

15. Failed to meet any requirements of this section.

An A local ASAP employee whose VASAP Certification Letter has been denied, revoked, suspended, or terminated may request a judicial an administrative review by the agency in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) by requesting an agency hearing within 30 days of notification of such revocation or suspension. Such request shall be in writing and directed to the executive director. In the event that the decision to suspend the VASAP Certification Letter of an a local ASAP employee is upheld, the local ASAP employee shall not perform any local ASAP services in the Commonwealth of Virginia or for local 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 local ASAP director, or the policy board in the situation where the action pertains to an a local 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. Local ASAP directors shall be responsible for any local ASAP employee, including themselves the directors, who provides any local 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 local 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 local ASAP services in the Commonwealth of Virginia and to local 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 local ASAP services in the Commonwealth of Virginia or to local ASAP offenders residing out of state, the commission will notify the local 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. Local 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 local ASAP services in the Commonwealth of Virginia and to local ASAP offenders residing out of state to remain valid. Local 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 local 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 A local 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. Local ASAPs are required to notify the commission in writing of any employee who is no longer an employee of the local ASAP within 48 hours of the local ASAP employee's employment end date. Any local ASAP employee whose employment ends for any reason, whether voluntary or involuntary, shall have the employee's VASAP Certification Letter automatically expire on the date of separation. Any individual whose certification expires under this provision must complete the applicable certification requirements of this section at the time of reemployment with any local ASAP in order to be recertified.

J. In addition to the successful completion of the VASAP Certification Exam required for application, the executive director may order require that an a local ASAP employee review requirements and retake the VASAP Certification Exam to demonstrate that the employee possesses the knowledge required to adequately perform local ASAP services in the Commonwealth of Virginia and to local ASAP offenders residing out of state. The executive director may revoke a VASAP Certification Letter for failure to successfully pass the VASAP Certification Exam with a minimum score of 80%.

K. ASAP employees are permitted to perform ASAP duties without a VASAP Certification Letter for up to December 21, 2023, unless otherwise approved by the executive director.

A. The commission shall establish procedures for the collection, reporting, and analysis of data necessary to conduct statewide performance monitoring of the Virginia Alcohol Safety Action Program system.

B. Each local ASAP shall collect and report data to the commission in a format and method established by the commission. Such data may include:

1. Program enrollment and completion information;

2. Financial and collection rate data;

3. Compliance with certification standards;

4. Operational performance indicators; and

5. Other information necessary for statewide oversight and evaluation.

C. The commission may require submission of periodic reports and may conduct audits or reviews to ensure data accuracy and integrity.

D. All data collected and reported pursuant to this section shall be used for purposes of statewide program oversight, performance evaluation, and compliance monitoring.

E. The commission and all local ASAPs shall protect the confidentiality of individual offender information in accordance with applicable federal and state laws and regulations. Personal identifiable information shall not be disclosed except as authorized by law.

F. The commission may establish additional policies and procedures governing data collection, reporting standards, and performance metrics consistent with this section.

A. This section establishes requirements governing the approval, listing, monitoring, and removal of treatment service providers from the commission treatment service provider directory. The provisions of this section are intended solely to ensure effective case management, compliance monitoring, and continuity of services for individuals referred by local ASAPs. Nothing in this section shall be construed to regulate the independent clinical practice of any treatment provider or the authority of any licensing or regulatory entity of Virginia. This section applies to all treatment providers seeking inclusion in or currently listed in the treatment provider directory. Community service boards shall not be subject to the requirements of this section.

B. As a condition of inclusion in the treatment provider directory, a treatment provider shall:

1. Maintain all required licenses, certifications, and credentials in good standing;

2. Comply with all applicable federal and state laws governing treatment records, including 42 CFR Part 2 and professional standards;

3. Utilize the commission-designated case management system for all local ASAP-referred offenders, unless otherwise authorized by the executive director;

4. Excluding community service boards, via the commission required case management system, submit required documentation, including initial assessment reports, treatment plans, periodic progress reports as required by the executive director, and final discharge or completion reports;

5. Ensure all documentation is complete, accurate, and submitted in a timely manner established by the commission;

6. Maintain accurate contact and location information within the service provider directory;

7. Safeguard access credentials and not share user name or passwords;

8. Maintain a current and valid professional license issued by the Department of Health Professions or the Department of Behavioral Health and Development Services;

9. Ensure proof of licensure is maintained in the commission's designated system;

10. Complete all required commission training or informational sessions;

11. Respond to commission and local ASAP inquiries in a timely manner established by the commission;

12. Notify the commission of any changes to licensure, staffing, or service capacity that may affect eligibility; and

13. Maintain a valid written treatment provider memorandum of understanding as prescribed by the commission.

The commission may monitor provider performance solely for the purpose of determining continued eligibility for inclusion in the treatment provider directory. Monitoring may include review of timeliness and completeness of required documentation, proper and required use of the case management system, responsiveness to communications, and patterns of noncompliance affecting case management. Monitoring conducted pursuant to this section shall not include regulation or evaluation of clinical treatment decisions. Inclusion in the treatment provider directory does not constitute endorsement, employment, or a contractual relationship with the commission or any local ASAP.

C. If an approved treatment provider fails to comply with the requirements of this section, the commission may initiate corrective action to include verbal or written notice of deficiency, a written corrective action plan, probationary status with defined conditions, or suspension or removal of the treatment provider from the treatment provider directory. Written notice of deficiency shall identify the specific requirements not met and the timeframe for corrective action. A treatment provider may be suspended or removed from the treatment provider directory for:

1. Repeated failure to submit required documentation in a timely manner established by the commission;

2. Failure to utilize the required case management system as directed by the commission;

3. Failure to maintain required licensure or credentials;

4. Excluding community service boards, failure to respond to repeated communications from the commission or local ASAPs;

5. Submission of incomplete, inaccurate, or misleading documentation;

6. Conduct that materially interferes with the commission or a local ASAPs ability to monitor compliance;

7. Exhibiting a pattern of substandard customer service;

8. Failure to maintain valid licensure or required documentation;

9. Failure to provide required services or reports;

10. Any illegal act;

11. Any act or conduct that negatively impacts the integrity of the statewide VASAP system; and

12. Failure to provide a physical office location that meets local, state, and federal requirements, standards, and laws.

Except where immediate action is necessary to protect program integrity or public safety, the treatment provider shall be given written notice and an opportunity to respond prior to removal. A treatment provider removed from the treatment provider directory may apply for reinstatement in a manner prescribed by the executive director. Reinstatement shall be contingent upon demonstration of compliance with all applicable requirements and correction of prior deficiencies based on an assessment by the executive director.

D. Inclusion in the treatment provider directory does not guarantee referrals. Referral decisions shall be based solely on the offender's independent selection of a treatment provider and shall not be influenced in any way by local ASAP staff.

E. Nothing in this section shall be construed to regulate the clinical practice of any treatment provider or the authority of the Department of Health Professions or any other regulatory body or create an employment or contractual relationship between the commission, local ASAPs, or any provider.

F. Local ASAPs and treatment providers shall not engage in any contractual relationship of any manner to include renting of office space amongst the parties. This section does not apply to the commission's ability to contract with community service boards to enhance workflow efficiencies between the agencies.

G. Any approved treatment provider who is subject to suspension or removal from the treatment provider directory may request a fact-finding conference in accordance with § 2.2-4019 of the Code of Virginia. The request shall be submitted in writing to the executive director within 30 calendar days of the date of the written notice of suspension or removal. Upon receipt of a timely request, the executive director shall provide the provider with notice of the date, time, and format of the fact-finding conference. The conference may be conducted in person, by telephone, or by electronic means per the executive director's discretion. The purpose of the fact-finding conference shall be to receive and consider relevant information regarding the provider's compliance with the requirements for inclusion in the treatment provider directory. Following the fact-finding conference, the commission shall issue a written decision affirming, modifying, or rescinding the suspension or removal. The written decision shall include the basis for the determination and shall be provided to the treatment provider. A provider aggrieved by the final decision of the commission may seek judicial review in accordance with § 2.2-4000 of the Code of Virginia. The filing of a request for a fact-finding conference shall not stay the suspension or removal of the treatment provider from the treatment provider directory unless otherwise approved by the executive director.

Application for Distribution of Commission on VASAP Funds (filed 1/2023)

Certification Manual (filed 6/2026)