Current through Register 2024 Notice Reg. No. 38, September 20, 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.
(b) The county
alcohol and drug program administrator shall:
(1)
Monitor to ensure compliance with the regulations contained in this chapter and the
requirements in Chapter 9 (commencing with Section
11837.6), Division 10.5 of the Health
and Safety Code.
(2) Review any
applications requested by the county for licensure as DUI program or proposed
changes in the approved plan of operation and forward to the Department all new
applications or changes recommended for licensure by the board of
supervisors.
(3) Monitor to ensure that
approved DUI programs do not utilize other funds administered by the Department for
program operations.
(4) Notify the
Department when he/she determines that a DUI program is not in compliance with the
regulations contained in this chapter.
(5) Monitor to ensure that service providers do
not utilize participant fees for purposes other than DUI program activities, with
the exception of allowable profit or surplus.
(6) Review and recommend approval or denial of DUI
program fees and additional fees contained in the initial application for licensure
and requests from existing DUI programs for increases in program fees and additional
fees.
(7) Assure that each DUI program
makes provision for persons who cannot afford to pay program participation
fees.
(8) Carry out liaison activities
with the courts, the county probation department, DUI programs, and interested
parties at the county level.
(9) Develop
and insure the implementation of a court referral system as described in Health and
Safety Code Section
11837.2.
(10) Establish a mechanism for reimbursement from
client fees of reasonable county costs which are incurred pursuant to this
chapter.
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.
2. Change without regulatory effect amending NOTE filed 10-24-95
pursuant to section
100, title 1, California Code of
Regulations (Register 95, No. 43).
3. Amendment of section and NOTE filed
12-6-2004; operative 1-5-2005 (Register 2004, No. 50).
4. Amendment filed
3-22-2012; operative 4-21-2012 (Register 2012, No. 12).
Note: Authority cited: Sections
11755,
11836
and
11836.15,
Health and Safety Code. Reference: Sections
11836,
11837.2,
11837.6,
11837.7
and
11837.8,
Health and Safety Code.
