reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 2.6 - Offender Treatment Program › Section 9550 - Offender Treatment Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Offender
				Treatment Program (OTP)" means the county program established pursuant to Health and
				Safety Code (HSC) Section
				11999.30
(b) The Department of Alcohol and Drug Programs
				shall administer OTP funds.
(c) After
				adoption of the State Budget Act, the Department shall notify each county of the
				amount of its OTP allocation. The notice shall specify an amount calculated using
				the methodology described in Subsection (h) of this regulation.
(d) Within 30 days after the Department issues the
				notice of allocation, each county seeking OTP funds shall submit a written
				application to the Department by fax at (916) 327-7308, electronically at
				www.adp.ca.gov./sacpa/srisindex or by mail at the following address:
CALIFORNIA DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS
OFFICE OF CRIMINAL JUSTICE COLLABORATION
1700K STREET, 5TH FLOOR
SACRAMENTO, CA 95811
Approval of funding may be denied if the county does not submit
				  its application within 30 days from the date of the notice of
				  allocation.
(e) The county's OTP
				application shall include:
(1) The amount of OTP
				funds requested,
(2) A budget specifying
				how the county plans to use OTP funds for direct treatment and client services for
				Substance Abuse and Crime Prevention Act of 2000 (SACPA) offenders; and
(3) A statement ensuring that the county will
				comply with the requirements of this regulation and with HSC Section
				11999.30(d).
(4) A statement ensuring that the county will not
				use OTP funds to supplant funds from any other fund source used to provide drug
				treatment services in the county.
(5)
				The amount and source of the county's matching funds as required by HSC Section
				11999.30(c). A county
				shall not use any of the following sources of funds for the required match:
(A) State General Fund and federal funds received
				through any state agency, such as Substance Abuse Prevention and Treatment (SAPT)
				Block Grant funds;
(B) Substance Abuse
				Treatment Trust Funds (SATTF) funds; and
(C) Substance Abuse Treatment and Testing
				Accountability (SATTA) program funds.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 1 - General Administration › Section 9795 - Application and Purpose of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Chapter 3 shall apply to the Department, counties,
					 Driving-Under-the-Influence (DUI) programs that provide alcohol and drug education
					 and counseling services pursuant to Division 10.5 (commencing with Section
					 11836) of the Health and Safety Code,
					 and to individuals receiving services from those programs.
Unless otherwise indicated, the regulations contained in this
					 Chapter shall apply to both first offender and multiple offender DUI
					 programs.
1. Change without
					 regulatory effect renumbering and amending former section
					 9795 to section
					 9800 and former section
					 9800 to section
					 9795 filed 4-15-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 20). For prior history, see Register 82, No.
					 47.
2. Amendment filed 11-18-91 as an emergency; operative 1-1-92
					 (Register 92, No. 8). A Certificate of Compliance must be transmitted to OAL 4-29-92
					 or emergency language will be repealed by operation of law on the following
					 day.
3. Amendment refiled 4-27-92 as an emergency; operative 4-28-92
					 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL
					 8-26-92 or emergency language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 4-27-92 order transmitted to OAL
					 7-16-92 and filed 8-25-92 (Register 92, No. 35).
5. Amendment of section
					 and NOTE filed 3-22-2012; operative 4-21-2012 (Register 2012, No. 12).
Note: Authority cited: Section
						11836.15,
						Health and Safety Code; and Section
						23538, Vehicle
						Code. Reference: Sections
						11836
						and
						11837,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 1 - General Administration › Section 9801 - State Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall:
(1) Approve, renew, deny, or
				  revoke licensure of Driving Under the Influence (DUI) programs for first offenders
				  and multiple offenders.
(2) Review the
				  DUI program as part of the County Alcohol Plan.
(3) Adopt and amend, as necessary, DUI program
				  regulations and provide copies of such regulations to all county alcohol program
				  administrators, the Department of Motor Vehicles, the courts, and DUI
				  programs.
(4) Ensure that the unused
				  portion of the participant's fee is returned if services that were paid in advance
				  are not utilized.
(5) Provide the
				  counties and the DUIs, through information and technical expertise, assistance
				  necessary to comply with the DUI program regulations contained in this
				  Chapter.
(6) Work with representatives
				  of the county alcohol program administrators, the DUI programs, the judiciary, the
				  Department of Motor Vehicles, and other interested parties to maintain quality
				  assurance in the DUI Program and to develop ongoing measures of
				  effectiveness.
(7) Gather relevant data
				  and provide statewide information, reporting procedures, and necessary
				  forms.
(8) Review and approve DUI
				  programs' participant fee schedules in accordance with Section
				  11837.4(b)(2)
				  of the Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 1 - General Administration › Section 9801.5 - County Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Consistent
				  with chapter 9, section
				  11837.6
				  of the Health and Safety Code, the county board of supervisors shall:
(1) Review, at its option, any new applications
				  for licensure as DUI program and forward all applications recommended for licensure
				  through the county alcohol and drug program administrator to the Department for
				  final review and approval. As part of the recommendation, in accordance with Section
				  9805, the county board of supervisors
				  shall include a statement assuring there is a need for a new DUI program in the
				  county and assuring that the establishment of an additional DUI program will not
				  jeopardize the fiscal integrity of existing licensed DUI programs.
(2) Assure the Department in writing of the
				  programmatic and fiscal integrity of the DUI programs the county has recommended for
				  licensure.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 1 - General Administration › Section 9801.6 - DUI Program Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The DUI
				  program shall:
(1) Maintain the program services
				  in compliance with article 2, subchapter 3 of this chapter and with the DUI
				  program's application for licensure which was approved by the county and the
				  Department.
(2) Provide the county
				  alcohol and drug program administrator and the Department access to all programmatic
				  and fiscal records necessary to conduct county monitoring and State approval
				  activities, including evaluation. Said access shall not conflict with any local,
				  state, or federal confidentiality regulations.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 1 - Requirement for Licensure › Section 9802 - Requirement for Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A separate
					 license shall be required for each location where DUI program services are provided,
					 except for satellite locations.
(b) No
					 DUI program shall accept participants until the program is licensed to provide DUI
					 program services.
(c) A new application
					 for licensure pursuant to Section
					 9804 shall be required to establish a
					 new DUI program, whenever there is a sale or transfer of ownership from one legal
					 entity to another, or whenever there is any proposed change in the ownership of a
					 DUI program.
1. Change
						without regulatory effect renumbering and amending former 9802 to section
						9808 and former section
						9804(e) and (f) to
						section 9802 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
2. New subsection (a), subsection relettering, amendment of newly
						designated subsections (b)-(c) and amendment of NOTE filed 9-1-2004; operative
						10-1-2004 (Register 2004, No. 36).
3. Amendment of subchapter heading
						filed 3-22-2012; operative 4-21-2012 (Register 2012, No. 12).
Note: Authority cited: Sections
						  11755,
						  11836.15
						  and
						  11836.16,
						  Health and Safety Code. Reference: Section
						  11836.12,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 2 - Initial License › Section 9805 - Supplemental Application Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As a
					 condition of licensure, each applicant shall submit to the Department the following
					 documents with the application for licensure:
(1)
					 A county board of supervisors' resolution or minute order recommending licensure,
					 including a statement from the board indicating there is a demonstrated need for a
					 new DUI program and the establishment of an additional program will not jeopardize
					 the fiscal integrity of existing licensed DUI programs. Such need shall be based on
					 objective measurable criteria including, but not limited to:
(A) Increased population in the county as a whole
					 or in specific regions;
(B) Increases in
					 DUI convictions;
(C) The voluntary or
					 involuntary de-licensure of an existing program;
(D) An identified demographic segment or
					 population of the county that is not served by the existing licensed
					 programs.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 2 - Initial License › Section 9806 - Department Provisional and Final Approval Procedures. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering and amending former section
						9806 to sections
						9812 and
						9816 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
2. Editorial correction of Authority cite (Register 95, No.
						43).
Note: Authority cited: Section
						  11836,
						  Health and Safety Code. Reference: Section
						  11837.4,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 2 - Initial License › Section 9807 - Application for Approval to Provide Services at a Satellite Location

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A satellite
					 location shall only be established to:
(1) Improve
					 access to services for participants located in areas where services are not
					 accessible due to lack of population density, extensive distance from a licensed
					 program or other satellite, or lack of public transportation. As used in this
					 subsection, "extensive distance" means a distance of more than ten miles;
(2) Provide services in an area where it is not
					 economically feasible for a fully licensed facility to operate; and/or
(3) Provide services for an ethnic population
					 where the unique language needs of that population cannot be met by current
					 licensees in the area served. The current licensee(s) within that area of the county
					 shall be notified by the county alcohol and drug program administrator and given an
					 opportunity to address the need prior to the approval of a satellite under this
					 provision.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 2 - Initial License › Section 9808 - Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The county alcohol program administrator may issue requests
						for proposals to, and accept applications from, all persons or organizations
						interested in providing drinking driver program services.
1. Change
						without regulatory effect renumbering and amending former section
						9808 to section
						9820 and former section
						9802 to section
						9808 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
Note: Authority cited: Sections
						  11755
						  and
						  11836.15,
						  Health and Safety Code. Reference: Section
						  11836.12,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 2 - Initial License › Section 9810 - County Review and Recommendation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The county
					 alcohol program administrator and the county alcohol advisory board shall review the
					 application and shall submit their recommendations to the county board of
					 supervisors.
(b) The county board of
					 supervisors shall review the application and shall select applications to be
					 submitted to the Department for final approval of licensure. The board of
					 supervisors shall include comments from the county alcohol advisory board when it
					 submits the application to the Department for review.
1. Change
						without regulatory effect renumbering and amending former section
						9810 to section
						9838 and former section
						9804(a) and (b) to
						section 9810 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
Note: Authority cited: Sections
						  11755
						  and
						  11836.15,
						  Health and Safety Code. Reference: Sections
						  11836
						  and
						  11836.15,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 2 - Initial License › Section 9812 - State Review and Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall review DUI program applications selected and recommended for
					 licensure by the county board of supervisors to determine whether the application
					 complies with Section
					 9804 and Section
					 9805.
(b) Upon recommendation of the county board of
					 supervisors, the Department shall review any proposed change in an existing DUI
					 program's operation plans.
(c) The
					 Department may approve specific elements of the DUI programs which comply with the
					 regulations contained in this chapter and may disapprove those elements of the DUI
					 program which do not comply with the regulations contained in this chapter, except
					 when any element of the administration of the DUI program does not assure the fiscal
					 integrity of the DUI program.
(d) The
					 Department may grant provisional approval to a DUI program or any element thereof,
					 based on documentation submitted by the county board of supervisors that the DUI
					 program application complies with the regulations contained in this
					 chapter.
1. Change
						without regulatory effect renumbering and amending former section
						9812 to section
						9834 and former section
						9806 to section
						9812 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
2. Editorial correction of NOTE (Register 91, No. 30).
3.
						Change without regulatory effect amending subsection (a) filed 10-24-95 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 95, No. 43).
4. Amendment filed 12-6-2004;
						operative 1-5-2005 (Register 2004, No. 50).
5. Amendment of subsections
						(a), (c) and (d) filed 3-22-2012; operative 4-21-2012 (Register 2012, No.
						12).
Note: Authority cited: Sections
						  11755
						  and
						  11836.15,
						  Health and Safety Code. Reference: Sections
						  11836,
						  11836.12,
						  11836.14
						  and
						  11837.4,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 2 - Initial License › Section 9814 - Appeal Procedure. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering and amending former section
						9814 to section
						9836 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
Note: Authority cited: Section
						  11836,
						  Health and Safety Code. Reference: Section
						  11837.4(a),
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 2 - Initial License › Section 9816 - Approval/Denial of Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within six
					 months of provisional approval the Department shall approve licensure for a DUI
					 program if the Department has determined, on the basis of an on-site review, the DUI
					 program is operating in compliance with the regulations contained in this chapter.
(1) The Department shall notify the county alcohol
					 and drug program administrator in writing at least 14 working days prior to any
					 on-site licensure review. Whenever possible, the county alcohol and drug program
					 administrator shall accompany Department staff during the on-site review.
(2) The Department shall approve or deny licensure
					 within six months of the date of provisional approval. Failure to deny within the
					 six month period shall constitute approval.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 3 - License Renewal › Section 9818 - County Responsibilities. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering and amending former section
						9818 to section
						9801.5 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
Note: Authority cited: Section
						  11836,
						  Health and Safety Code. Reference: Sections
						  11837.6
						  and
						  11837.8(a),
						  (b), Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 3 - License Renewal › Section 9820 - Extension of Period of Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To extend
					 the period of licensure, the licensee shall:
(1)
					 Pay all:
(A) Licensing fees assessed in accordance
					 with Section 9822;
(B) Fines assessed in accordance with Section
					 11837.5
					 of the Health and Safety Code and adjudicated in accordance with Section
					 9836,
(C) Civil penalties assessed in accordance with
					 Section 9827 and adjudicated in accordance with
					 Section 9836; and
(D) County administration and monitoring fees
					 which are due and payable in accordance with Section
					 9878(n).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 5 - Program Evaluation › Section 9823 - Types of Compliance Deficiencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in
					 this chapter, "deficiency" means failure by a driving-under-the-influence program to
					 comply with any provision of Chapter 9 (commencing with Section
					 11836), Part 2, Division 10.5 of the
					 Health and Safety Code or the requirements contained in this Chapter. Deficiencies
					 shall be classed as Class A, B, or C deficiencies, as defined in this
					 section.
(b) A Class A deficiency is any
					 deficiency which presents an imminent danger of death or severe harm to any
					 participant of the program or a member of the general public. As used in this
					 chapter, "imminent danger of death or severe harm" means that the more likely
					 consequence of the deficiency is death or physical injury, which would:
(1) Render a part of the body functionally useless
					 or temporarily or permanently reduced in capacity, or
(2) Inhibit any function of the body to such a
					 degree as to shorten life or to reduce physical or mental
					 capacity.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 5 - Program Evaluation › Section 9823.1 - Investigation of Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
					 may request an investigation of a DUI program by contacting the Department in
					 person, by telephone, in writing, or by any other automated or electronic means, in
					 order to determine compliance with the provisions of Chapter 9 (commencing with
					 Section 11836), Part 2, Division 10.5 of the
					 Health and Safety Code and the requirements of this Chapter.
(b) Within ten (10) working days of receipt of a
					 complaint the Department shall initiate an investigation of the alleged
					 violation(s).
(c) The Department shall
					 not disclose the identity of the complainant unless the Department has first
					 determined that the complaint cannot be resolved without such disclosure because the
					 complaint involves services provided to the complainant.
(d) The complaint investigator may conduct a site
					 investigation of the program with or without advance notice, at any time the
					 facility is open for business, upon presentation of proper identification, in order
					 to determine compliance with the provisions of this Chapter.
(e) The Department may interview participants
					 and/or program staff in private and may inspect program records relevant to the
					 complaint without the consent of the licensee.
(f) The complaint investigation shall be
					 considered complete when all facts relevant to the complaint have been reviewed and
					 the Department has made a determination regarding the complaint.
(g) If the complaint investigation discloses
					 compliance deficiencies the complaint investigator shall prepare a written notice of
					 deficiency, listing all deficiencies. The complaint investigator shall issue a
					 written notice of deficiency to the licensee or his/her designee:
(1) In person before leaving the facility,
					 or
(2) By mail, postmarked within ten
					 (10) working days after completion of the site investigation.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 5 - Program Evaluation › Section 9824 - Issuance of Notice of Deficiency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall prepare a written notice of deficiency when the Department
					 determines that a licensee is not in compliance with the provisions of Chapter 9
					 (commencing with Section
					 11836), Part 2, Division 10.5 of the
					 Health and Safety Code or the requirements of this Chapter.
(1) The Department's determination shall be based
					 on completion of an on-site compliance review conducted by the Department. If the
					 licensee has failed to fully and timely submit a fee, and there are no other
					 deficiencies, the Department may make its determination on a review of the
					 licensee's payment record on file with the Department, in lieu of an on-site
					 compliance review.
(2) No notice of
					 deficiency shall be issued for Class C deficiencies which the licensee corrects
					 prior to completion of the compliance review.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 6 - Corrective Action › Section 9825 - Development of a Corrective Action Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within the
					 number of days specified for submission of a corrective action plan, in accordance
					 with Section 9824(b)(3), the
					 licensee shall submit a written corrective action plan to the manager of the DUI
					 Program Branch, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento,
					 CA 95814. The written corrective action plan shall be postmarked no later than the
					 date specified in the notice of deficiency.
(b) The written corrective action plan shall:
(1) Specify what steps the licensee has taken to
					 correct each deficiency identified in the notice of deficiency;
(2) Substantiate that the deficiency has been
					 corrected as specified in the notice of deficiency; and
(3) Specify when the deficiency was
					 corrected.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 6 - Corrective Action › Section 9826 - Follow-up Review to Verify Correction of Deficiencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department may conduct follow-up compliance reviews with or without advance notice
					 to determine if the licensee has corrected all deficiencies specified in the notice
					 of deficiency.
(b) If a follow-up
					 compliance review indicates that a deficiency has not been corrected on or before
					 the date specified in the notice of deficiency or subsequent approved corrective
					 action plan, the Department shall assess a notice of civil penalty in accordance
					 with Section 9827.
1. Change
						without regulatory effect renumbering and amending former section
						9826 to section
						9848 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
2. New section filed 4-18-95; operative 7-1-95 pursuant to Government
						Code section
						11343.4(c)
						(Register 95, No. 16).
Note: Authority cited: Sections
						  11755
						  and
						  11836.15,
						  Health and Safety Code. Reference: Sections
						  11836.10,
						  11836.12
						  and
						  11837.7,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 6 - Corrective Action › Section 9827 - Assessment of Civil Penalties for Failure to Correct Compliance Deficiencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
					 licensee does not submit a corrective action plan in accordance with Section
					 9825 by the date specified in the notice
					 of deficiency, the Department shall assess a civil penalty which shall accrue from
					 the day after the date specified in the notice of deficiency until the licensee
					 submits a corrective action plan. The date of submission by the licensee shall be
					 the date the written corrective action plan is postmarked.
(b) The Department shall assess civil penalties in
					 the amounts indicated below:
(1) The Department
					 shall assess a civil penalty of $25 per day against the licensee for each Class C
					 deficiency, as defined in Section
					 9823.
(2) The Department shall assess a civil penalty of
					 $50 per day against the licensee for each Class A or B deficiency, as defined in
					 Section 9823.
(3) The maximum daily civil penalty for all
					 deficiencies shall not exceed $150.
(4)
					 The total maximum civil penalty for all deficiencies shall not exceed
					 $5,000.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 6 - Corrective Action › Section 9828 - Interprogram Transfer. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering and amending former section
						9828 to section
						9884 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
Note: Authority cited: Section
						  11836,
						  Health and Safety Code. Reference: Section
						  11837.2,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 6 - Corrective Action › Section 9829 - Unlicensed Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an
					 unlicensed program provides program services, the program is operating in violation
					 of Section
					 11836.10
					 of the Health and Safety Code and Section
					 9802 of this Chapter.
(b) If a program is alleged to be operating
					 without a license, the Department shall conduct an investigation to substantiate the
					 allegation.
(c) If the Department
					 determines, as the result of its investigation, that the program is operating
					 without a license, the Department shall deliver to the operator of the program, in
					 person or by certified mail, a notice which shall notify the operator of the program
					 that the program is operating without a license, in violation of Section
					 11836.10
					 of the Health and Safety Code and Section
					 9802 of this Chapter.
(1) In the notice, the Department shall order the
					 operator of the unlicensed program to cease operation immediately.
(2) The notice shall specify that the Department
					 will take action in accordance with Subsection (d) of this regulation if the program
					 fails to cease operation immediately.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 6 - Corrective Action › Section 9830 - Administrative Review of Fines and Civil Penalties. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering and amending former section
						9830 to section
						9876 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
2. New section filed 4-18-95; operative 7-1-95 pursuant to Government
						Code section
						11343.4(c)
						(Register 95, No. 16).
3. Repealer filed 9-1-2004; operative 10-1-2004
						(Register 2004, No. 36).
Note: Authority cited: Sections
						  11755
						  and
						  11836.15,
						  Health and Safety Code. Reference: Administrative Procedures Act (Chapter 5
						  [commencing with Section
						  11500] Part 1, Division 3, Title 2 of
						  the Government Code); and Sections
						  11837.5
						  and
						  11838.4,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 6 - Corrective Action › Section 9832 - Dismissal of Participants. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering and amending former section
						9832 to section
						9886 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
Note: Authority cited: Section
						  11836,
						  Health and Safety Code. Reference: Sections
						  11837.1(a), (b) and
						  (c) and
						  11837.3,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 6 - Corrective Action › Section 9834 - Suspension or Revocation of Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department may seek suspension or revocation of a license, in accordance with
					 Chapter 5 (commencing with Section
					 11500), Part 1, Division 3, Title 2 of
					 the Government Code, when:
(1) The licensee is
					 issued a notice of deficiency for any alleged action which has resulted in death,
					 serious physical harm, or imminent danger to a participant or the general
					 public;
(2) The licensee has been
					 convicted of selling DL 101, Notice of Completion certificates.
(3) The licensee has been found to have given
					 credit to a participant for program services not attended and subsequently issued DL
					 101, Notice of Completion certificate.
(4) The licensee fails to correct any Class A
					 deficiency by the date specified in the notice of deficiency;
(5) The licensee demonstrates a pattern of
					 noncompliance by a chronic failure to correct the same Class B or C deficiencies
					 cited in prior compliance reviews;
(6)
					 The licensee fails to pay licensing fees assessed in accordance with Section
					 9822; or
(7) The licensee fails to pay civil penalties
					 assessed in accordance with Section
					 9827 and adjudicated in accordance with
					 Section 9830.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 6 - Corrective Action › Section 9836 - Administrative Review of Licensing Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicants
					 for licensure and licensees may appeal a notice of licensing actions by forwarding a
					 written request for review to the Director, Department of Alcohol and Drug Programs,
					 1700 K Street, Sacramento, CA 95811. As used in this regulation, "licensing action"
					 means denial of an application, denial of a request for renewal of licensure, denial
					 of a request to open a satellite location, assessment of a civil penalty, or
					 suspension or revocation of licensure.
(b) The written request for review shall be
					 postmarked within 15 working days of receipt of the written notice of licensing
					 action. The written request for review shall:
(1)
					 Identify the statute(s) or regulation(s) at issue and the legal basis for the
					 licensee's appeal;
(2) State the facts
					 supporting the licensee's position; and
(3) State whether the applicant for licensure or
					 licensee waives an informal conference and prefers to proceed directly with an
					 administrative hearing pursuant to Chapter 5 (commencing with Section
					 11500) of Part 1, Division 3, Title 2 of
					 the Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 2 - Licensure of DUI Programs › Article 7 - Contingency Service Plan › Section 9838 - Contingency Service Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The county
					 alcohol and drug program administrator shall notify the Department by certified mail
					 within seven days if a DUI program is unable to provide services to program
					 participants. The county alcohol and drug program administrator shall provide the
					 Department with an interim plan for continuing services for participants and for
					 supervising such participants.
(b)
					 Emergency service providers shall not accept new enrollments until they have become
					 licensed by the Department pursuant to the provisions of this chapter.
(c) The Department shall approve emergency
					 services for no longer than six months from the date approval was granted.
1. Change
						without regulatory effect renumbering and amending former section
						9838 to section
						9854 and former section
						9810 to section
						9838 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
2. Amendment of subsection (a) filed 3-22-2012; operative 4-21-2012
						(Register 2012, No. 12).
Note: Authority cited: Sections
						  11755
						  and
						  11836.15,
						  Health and Safety Code. Reference: Sections
						  11837.2,
						  11837.4,
						  11837.5
						  and
						  11837.6,
						  Health and Safety Code; and Section
						  13352.5, Vehicle
						  Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 3 - Program Standards › Article 1 - General Standards › Section 9840 - Individual Counseling. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering and amending former section
						9840 to section
						9856 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
Note: Authority cited: Section
						  11836,
						  Health and Safety Code. Reference: Section
						  11837.4,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 3 - Program Standards › Article 1 - General Standards › Section 9842 - Additional Program Service Requirements. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering and amending former section
						9842 to section
						9860 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
Note: Authority cited: Section
						  11836,
						  Health and Safety Code. Reference: Section
						  11837.4,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 3 - Program Standards › Article 1 - General Standards › Section 9844 - Ancillary Services. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering and amending former section
						9844 to section
						9862 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
Note: Authority cited: Section
						  11836,
						  Health and Safety Code. Reference: Section
						  11837.4,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 3 - Program Standards › Article 1 - General Standards › Section 9846 - Staff Qualifications and Function

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The DUI
					 program administrator shall have the following minimum experience and/or education:
(1) Two years of experience providing alcohol
					 and/or other drug treatment or recovery services;
(2) One year of experience supervising personnel;
					 and
(3) One year of experience managing
					 an accounting system, or preparing or directing the preparation of budgets or cost
					 reports. Satisfactory completion of two college-level courses in accounting may be
					 substituted for the one year of experience required in this subsection. As used in
					 this regulation, "satisfactory completion" means attainment of a grade of "C" or
					 better.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 3 - Program Standards › Article 1 - General Standards › Section 9847 - Commencement of Drinking Driver Program Services. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering and amending former section
						9822(b) to section
						9847 filed 4-15-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 20). For prior history, see Register 82, No.
						47.
2. Repealer filed 6-7-93; operative 7-7-93 (Register 93, No.
						24).
Note: Authority cited: Sections
						  11755
						  and
						  11836.15,
						  Health and Safety Code. Reference: Section
						  11836.15,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 3 - Program Standards › Article 1 - General Standards › Section 9848 - Participant Enrollment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The DUI
					 program may enroll any person who presents documentation from the court or the
					 Department of Motor Vehicles verifying his/her arrest or conviction for one of the
					 DUI violations specified in Health and Safety Code Section
					 11836
					 (a). Such documentation shall indicate
					 whether the offense is a first, second or third DUI violation.
(b) The DUI program may enroll and provide
					 services to persons referred from another state for conviction of a DUI offense. The
					 person must provide documentation from the state making the referral, indicating the
					 requirement to attend and either the number of hours of program services or the
					 program type required.
(c) The DUI
					 program may accept a participant for enrollment after the date specified by the
					 court, provided that the DUI program notifies the court of the enrollment through an
					 established court referral and tracking system.
(d) Before a potential participant receives
					 services from a DUI program, the DUI program shall conduct an intake interview and
					 enroll the participant in the program.
(1) DUI
					 program counseling staff, who meet the requirements of Section
					 9846(c) and Section
					 9846(d) shall complete
					 the intake interview, which shall consist of:
(A)
					 A discussion of goals and objectives for participation in the program, including
					 abstinence from the use of alcohol and/or illicit drugs as a goal during the
					 duration of participation in the program.
(B) Providing the participant with materials which
					 describe how abstinence contributes to a healthy lifestyle.
(C) Explaining the counseling, education, and
					 face-to-face interview requirements; attendance requirements; procedures for
					 requesting a leave of absence; and reasons for dismissal from the program.
(D) Completing a participant contract listing the
					 services to be provided, program rules, grievance procedures, program fees,
					 additional fees, payment schedule and reasons for dismissal from the program, as
					 stated in Section
					 9886. The contract shall include a
					 statement that the participant may request the DUI program to conduct a financial
					 assessment to determine the participant's ability to pay the program fee. The
					 counselor shall:
1. Explain and date the
					 contract;
2. Sign the contract and
					 require the participant to sign the contract; and
3. Give a copy of the signed, dated contract to
					 the participant and retain a copy in the participant's
					 record.