New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.10 - Completion of a rehabilitation program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Requirements for satisfactory completion of a rehabilitation program. In order
				  for a person to satisfactorily complete a rehabilitation program, he must have
				  paid all necessary fees and have attended and actively participated in all
				  segments of such rehabilitation program as required by the department,
				  including completion of extended participation upon the recommendation of the
				  appropriate officials.
(b) Results
				  of satisfactory completion of a rehabilitation program. Upon satisfactory
				  completion of a program, any unexpired suspension or revocation which was
				  issued as a result of the conviction for which the person was eligible for
				  enrollment in the program may be terminated by the commissioner unless the
				  termination is prohibited under section 1193  of the Vehicle and Traffic Law or this
				  Subchapter, or if the termination is based upon enrollment in the program
				  pursuant to the plea bargaining provisions of Vehicle and Traffic Law, section
				  1192(10)(a)(ii) and
				  1192(10)(d), or if such
				  person would not otherwise be eligible for enrollment in the program pursuant
				  to section 1196(4) of such law, or if the person has two or more alcohol- or
				  drug-related driving convictions or incidents within the 25 year look back
				  period from the date of the violation which resulted in enrollment in the
				  program. For the purposes of this subdivision, the 25 year look back period
				  means the period commencing upon the date that is 25 years before the date of
				  the violation that resulted in enrollment in the program and ending on and
				  including the date of such violation.
(c) Failure to satisfactorily complete a
				  rehabilitation program. If a person fails to satisfactorily complete a
				  rehabilitation program, in addition to revocation of any conditional license
				  which may be held by such person, the suspension or revocation of such person's
				  unconditional driver's license will be reinstated for the full period of such
				  suspension or revocation, unless such full period has already been effectively
				  served. Such person may apply for reentry into the rehabilitation program. A
				  conditional license may only be issued upon the first such reentry. Although
				  second and subsequent reentries may be permitted, a conditional license will
				  not be reissued in such cases.
(d)
				  Appeals. Appeals from decisions of treatment or program personnel regarding an
				  individual's participation or treatment shall be directed to the program
				  director. If said director is unable to resolve the matter, such appeals shall
				  be directed to the Division of Driver Licensing. If said division is unable to
				  resolve the matter, such appeals shall be sent to the commissioner who shall
				  make a determination. Prior to making a determination the commissioner may
				  consult with experts in the field of alcoholism and rehabilitation and any
				  other appropriate agencies.