New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 8 - CLIENT NON-COMPLIANCE PROCEDURES › Section 10:162-8.1 - Failure to attend the Intoxicated Driver Resource Center/Intoxicated Driving Program or pay the required fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Failure to
				attend the Intoxicated Driver Resource Center/Intoxicated Driving Program or to
				pay the required fees shall be considered noncompliance. In such cases, the
				Intoxicated Driver Resource Center/Intoxicated Driving Program shall take the
				following steps:
1. A notice of noncompliance
				shall be mailed to the client's address on the record of conviction or the
				client's most recent address if the client has notified the Intoxicated Driver
				Resource Center/Intoxicated Driving Program of a change of address.
2. If there is no reply, or if the client
				remains in noncompliance, the Intoxicated Driver Resource Center/Intoxicated
				Driving Program, within 10 working days of mailing the notice of noncompliance,
				may issue a noncompliance report:
i. A copy
				of the report shall be mailed to the client.
ii. If the client is a new law offender, a
				copy of the report shall be mailed to the court of conviction with a copy of
				the original notice of noncompliance.
3. If the noncompliance is not resolved
				within 30 calendar days after issuance of the noncompliance report, a copy of
				the noncompliance report and supporting documents shall be mailed to the
				Intoxicated Driving Program. The Intoxicated Driving Program shall request that
				the Division of Motor Vehicles suspend the client's license.
4. The Intoxicated Driver Resource
				Center/Intoxicated Driving Program shall consider if the client's failure to:
i. Attend is related to the public health
				emergency, including, but not limited to, the client's self-isolation,
				quarantine, or illness; need to care for a family member due to illness or
				school closure; or need to report to work as an essential employee. If so, then
				the client's absence shall not be considered a failure to attend and the client
				shall not be placed in noncompliance status.
ii. Pay the required fees is related to the
				public health emergency, including any resultant loss of employment or wages.
				If so, then the Intoxicated Driver Resource Center may consider alternate
				payment arrangements, such as a payment schedule or plan. If the client's
				failure to pay the required fees is related to the public health emergency and
				the client has entered into an alternate payment arrangement, then the client
				shall not be placed in noncompliance status. The Intoxicated Driver Resource
				Center shall consult with the county designating authority regarding the
				handling of fees and alternate payment arrangements for clients during and
				subsequent to the public health emergency. The allowance of alternate payment
				arrangements shall not remove or waive the client's obligation to pay any
				required fees.
5. The
				Intoxicated Driver Resource Center/Intoxicated Driving Program shall
				discontinue the noncompliance process set forth at (a)1, 2, and 3 above as
				follows:
i. For clients who have been issued a
				notice of noncompliance pursuant to (a)1 above between February 7, 2020, and
				May 21, 2020, the Intoxicated Driver Resource Center shall discontinue the
				noncompliance process and the notice of noncompliance shall be void. The IDRC
				shall contact and communicate with the client regarding the actions that the
				client must take to satisfy their attendance, education, screening, evaluation,
				referral, program, and/or fee requirements.
ii. For clients who have been issued a
				noncompliance report pursuant to (a)2 above between February 23, 2020, and May
				21, 2020, the Intoxicated Driver Resource Center shall discontinue the
				noncompliance process and the noncompliance report shall be void. The
				Intoxicated Driver Resource Center shall contact and communicate with the
				client regarding the actions that the client must take to satisfy their
				attendance, education, screening, evaluation, referral, program, and/or fee
				requirements.
iii. The IDP shall
				cease forwarding requests for driver's license suspensions as required at (a)3
				above to the Motor Vehicle Commission for clients who have been issued a notice
				of noncompliance and a noncompliance report as described in (a)5i and ii
				above.
iv. Upon the resumption of
				municipal court services, nothing in this subsection shall preclude an
				Intoxicated Driver Resource Center or the Intoxicated Driving Program from
				initiating and following the noncompliance process set forth at (a)1, 2, or 3
				above for client noncompliance that is not connected to, and excused by, the
				public health emergency as permitted by this temporary rule
				modification.