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 9800 - Definitions

Universal Citation: 9 CA Code of Regs 9800

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The following definitions shall apply to terminology used in Chapter 3. Terms not defined below may be found in Section 9000, Article 1, Chapter 1, of this Division, or in individual sections of this Chapter if not used elsewhere.

(1) Additional Fee. "Additional fee" means a fee, approved in accordance with the provisions of Section 9878(g), charged to the participant by the DUI program to recover the cost of any administrative service (such as rescheduling program services, reinstating participants following dismissal, processing transfers to other programs, etc.) provided by the DUI program in addition to program services required in accordance with Article 2 (commencing with Section 9848), Subchapter 3 of this Chapter.

(2) Abstinence. "Abstinence" means the total, round-the-clock avoidance of the use of alcohol and/or illicit drugs through ingestion, inhalation, injection, or other means of intake.

(3) Additional County Requirements. "Additional county requirements" are those requirements a county selects to include as part of the DUI program requirements for that county, which exceed the program services required in Article 2 (commencing with Section 9848), Subchapter 3 of this Chapter.

(4) Ancillary Services. "Ancillary services" are those additional services to which the DUI program may refer the participant on a voluntary basis. Such services may include, but need not be limited to, detoxification services, recovery services, treatment services, or family counseling.

(5) Days. "Days" means calendar days, unless otherwise specified.

(6) Driving-Under-the-Influence Program, or Program. "Driving-Under-the-Influence Program", "DUI program", or "program", or "licensee" means a firm, partnership, association, corporation, or local governmental agency, which has been recommended by the county board of supervisors and subsequently licensed by the Department, in accordance with this Chapter, to provide alcohol and other drug education and counseling services to anyone:
(A) Whose license to drive has been administratively suspended or revoked in accordance with Section 13353.2 of the Vehicle Code;

(B) Who has been convicted for violating Sections 23103.5, 23152 or 23153 of the Vehicle Code; or

(C) Who has been convicted for operating a vessel, water skis, aquaplane, or similar device in violation of Section 655(b), (c), (d), (e), or (f) of the Harbors and Navigation Code.

(7) Driving-Under-the-Influence. "Driving-under-the-influence", or "DUI", means:
(A) Driving a motor vehicle in violation of Sections 23103.5, 23140, 23152 and 23153 of the Vehicle Code; or

(B) Operating a vessel, water skis, aquaplane, or similar device in violation of Section 655(b), (c), (d), (e), or (f) of the Harbors and Navigation Code.

(8) Educational Session. "Educational session" means instruction and information presented in a facilitated classroom setting.

(9) Face-to-Face Interview. "Face-to-face interview" means a private, facilitated, individual discussion between the counselor and participant to monitor the participant's progress in the program, to identify problems which may be barriers to program completion, and to refer the participant to ancillary services when appropriate, based upon the participant's needs.

(10) Facilitated. "Facilitated" means directed or conducted by DUI program staff (e.g., a facilitated discussion would be a discussion directed or conducted by DUI program staff).

(11) Final Approval. "Final approval" means Departmental approval for licensure of a DUI program when the licensee has met all of the licensing standards contained in this Chapter.

(12) First Offender. "First offender" means an individual whose license to drive has been administratively suspended or revoked for, or who has been convicted of, driving-under-the-influence, and the offense did not occur within ten (10) years of:
(A) Another driving-under-the-influence offense;

(B) A violation of Section 23103 (as specified in Section 23103.5) of the Vehicle Code; or

(C) A violation of Section 191.5 or Section 192(c)(3) of the Penal Code.

(13) First Offender with Court-Ordered Duration of Participation. First offender with court-ordered duration of participation or enhanced first offender means a person convicted of a first offense of driving-under-the-influence who has been ordered by the court to attend a DUI program for 6 months or longer in accordance with Health and Safety Code Section 11837(c).

(14) Fiscal Year. "Fiscal year" means the 12-month period beginning on July 1 and ending on June 30 the following year.

(15) Group Counseling Session. "Group counseling session" means a counselor facilitated group meeting in which participants meet to exchange ideas, to discuss their own behavior and attitudes, and to support and encourage positive changes in each other's lifestyle to facilitate resolution of problems related to the use of alcohol and other drugs.

(16) Illicit Drug. "Illicit Drug" means any substance defined as a drug in Section 11014, Chapter 1, Division 10, Health and Safety Code, except:
(A) Drugs or medications prescribed by a physician or other person authorized to prescribe drugs, in accordance with Section 4036, Chapter 9, Division 2, Business and Professions Code, and used in the dosage and frequency prescribed; or

(B) Over-the-counter drugs or medications used in the dosage and frequency described on the box, bottle, or package insert.

(17) Individual Counseling Session. "Individual counseling session" means a meeting in which a participant and a counselor interact on an individual basis or through an interpreter to discuss the participant's behavior and attitudes and to support and encourage positive changes in the participant's lifestyle to facilitate resolution of problems related to the use of alcohol and other drugs.

(18) Month. "Month" means the period of time from a specific date in one calendar month to the corresponding date in the following calendar month.

(19) Multiple Offender. "Multiple offender" means an individual whose license to drive has been administratively suspended or revoked for, or who has been convicted of driving-under-the-influence and the offense occurred within ten (10) years of:
(A) Another driving-under-the-influence offense;

(B) A violation of Section 23103 (as specified in Section 23103.5) of the Vehicle Code; or

(C) A violation of Section 191.5 or Section 192(c)(3) of the Penal Code.

(20) Participant. "Participant" means any person participating in a DUI program. The term "participant" is used generically throughout this Chapter wherever standards apply to both the first offender and the multiple offender.

(21) Profit. "Profit" means the return received on a business undertaking after all operating expenses have been met, as allowed in normal accounting procedures, which accrues to entrepreneurs as compensation for the assumption of risk in business.

(22) Program Fee. "Program fee" means a fee charged to the participant by the DUI program for program services required in accordance with Article 2 (commencing with Section 9848), Subchapter 3 of this Chapter.

(23) Program Services. "Program services" means all services, which the DUI program is required to provide to the participant in accordance with Article 2 (commencing with Section 9848), Subchapter 3 of this Chapter. Required program services include participant enrollment (Section 9848), assessment of the participant's alcohol or other drug problem (Section 9849), educational sessions (Section 9852), group counseling sessions (Section 9854), individual counseling (Section 9856), and face-to-face interviews (Section 9858).

(24) Provisional Approval. "Provisional approval" means temporary approval for licensure of a DUI program given by the Department for a period not to exceed six months, pending final approval by the Department.

(25) Satellite Location. "Satellite location" means a building, place, or premise used for the provision of Driving-Under-the-Influence Program (DUI) services that is under the direct administrative and professional supervision of a state-licensed DUI program.

(26) "Significant Other" means an individual who the participant designated as having a major influence or importance in his/her life (e.g. spouse, domestic partner, fiancée, friend, etc.)

(27) Standardized Payment Schedule. "Standardized payment schedule" means a document, in accordance with the requirements of Subsection 9878(d), which:
(A) Describes how the DUI program assesses the program fee and additional fees;

(B) Lists the amount of the program fee and additional fees charged by the DUI program, the amount of down payment required, the amount and frequency of payments, and the income levels at which the DUI program will allow the participant to pay a maximum fee of no more than $5.00 per month, to pay a reduced program fee, or to extend payments, in accordance with the provisions of Section 9878; and

(C) Contains a sample of the participant contract and all forms used by the DUI program to determine the program fee, additional fees, down payment, and payment schedule.

(28) Surplus. "Surplus" means the difference between revenues and operating expenses in a nonprofit corporation or public agency.

(29) Unit of Service. "Unit of service" means each service the DUI program is required to provide pursuant to Article 2 (commencing with Section 9848), Subchapter 3 of this Chapter (e.g. enrollment, alcohol or drug assessment, educational or counseling session, face-to-face interview, etc.)

(30) Working Days. "Working Days" means all days that the Department is open for business, excluding weekends, holidays or other designated days. For purposes of these regulations, unless otherwise indicated a working day commences at 8:00 a.m. and concludes at 5:00 p.m. The term working day includes the term "business days."

1. Change without regulatory effect renumbering and amending former section 9800 to section 9795 and former section 9795 to section 9800 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. Editorial correction of printing error in subsections (a)(1) and (a)(19) (Register 92, No. 19).
5. Certificate of Compliance as to 4-27-92 order including amendment of subsection (a)(1) transmitted to OAL 7-16-92 and filed 8-25-92 (Register 92, No. 35).
6. Amendment of section filed 7-13-94; operative 7-13-94 (Register 94, No. 28).
7. Amendment of section and NOTE filed 9-22-95; operative 10-22-95 (Register 95, No. 38).
8. Amendment of subsections (a)(1), (a)(6), (a)(6)(B), (a)(7)-(a)(7)(A), (a)(8) and (a)(11), new subsection (a)(13), repealer of subsection (a)(23), subsection renumbering and amendment of newly designated subsection (a)(20) filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
9. New subsection (a)(25) and subsection renumbering filed 9-1-2004; operative 10-1-2004 (Register 2004, No. 36).
10. 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. Reference: Sections 11836, 11836.15, 11837 and 11837.4, Health and Safety Code; and Section 23538, Vehicle Code.

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