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 3 - Participant Records
Section 9867 - Notice of Completion Certificates

(a) When the DUI program determines that a participant has completed all program requirements and has paid all program fees, the DUI program shall electronically submit the completion certificate to the Department of Motor Vehicles, or complete, by typewriter or by printing in ink, a Notice of Completion Certificate (Form DL 101, Revised 7/2006).

(b) The DUI program may withhold the Notice of Completion Certificate in accordance with Section 9878(i) until the participant has paid in full his/her assessed program fee and any additional fees.

(c) The DUI program shall maintain a program log, typed or printed in ink, to record the receipt, issuance, and/or other disposition of each numbered Notice of Completion Certificate. At the DUI program's option this program log may be in electronic format if a certificate is issued electronically. The log shall contain, at a minimum, the information listed in subdivision (g)(5).

(d) If the DUI program makes an error while completing the Notice of Completion Certificate, the DUI program shall:

(e) When the DUI program receives a book of Notices of Completion Certificates that contains one or more notices that were damaged during manufacturing or shipping, the DUI program shall either void the individual damaged notices and use the remaining notices in the book, or immediately return the entire book of 50 to the Department of Motor Vehicles pursuant to Section 120.00 of Title 13.

(f) The DUI program shall destroy a voided Notice of Completion Certificate only after Department staff have reviewed the Notice of Completion Certificate during an on-site compliance review, and given written authorization for its destruction.

(g) Within ten days after the date that a participant completes all program services and has paid his/her assessed program fee and any additional fees, the DUI program shall:

(h) If the Department of Motor Vehicles copy of a Notice of Completion Certificate has been lost or destroyed, the DUI program shall issue a duplicate Notice of Completion Certificate to the Department of Motor Vehicles under the following circumstances:

(i) At the time the DUI program receives a book of blank copies of the Notice of Completion Certificate from the Department of Motor Vehicles, the DUI program shall inspect the book of notices to ensure the full order is included and undamaged and record the sequential numbers of the certificates received and secure the blank Notices of Completion Certificates and the record of blank certificates received in a locked desk, file, or cabinet which is not accessible to program participants.

(j) The DUI program shall issue a Notice of Completion Certificate only for participants who have completed all program requirements, including payment in full of program fees, contained in Article 1 (commencing with Section 9848), Subchapter 3 of this Chapter.

(k) The DUI program shall issue a Notice of Completion Certificate only for the type of program specified on the license issued by the Department.

(l) The licensee shall not sell or transfer Notice of Completion Certificate to another DUI program or to any other entity.

(m) If the DUI program discovers that a blank Notice of Completion Certificate has been lost, stolen, or otherwise misplaced, by the close of business of the day following the date the DUI program discovers the loss, the DUI program shall report the loss pursuant to Section 120.02 of Title 13.

(n) Within ten days of the date that the DUI program ceases program operation or the date that the program's license is revoked, the DUI program shall return to the Department of Motor Vehicles by certified mail its unused supply of blank Notice of Completion Certificates.

(o) When a participant is eligible for a Notice of Completion Certificate, but the DUI program ceases program operation or the program's license is revoked, and the program's records are transferred to the county, the county alcohol and drug program administrator shall prepare a letter to the Department of Motor Vehicles, stating that the participant has completed all program services.

(p) If the DUI program fails to account for all Notices of Completion Certificates, as set forth in subdivisions (c), (d)(3), (g)(5), (i), (j), (k), (l), or (m) of this regulation, the Department shall assess a fine against the DUI program of $150 per day up to a total of $1,500 for each missing Notice of Completion Certificate.

The maximum fine for all missing certificates shall not exceed $5,000.

(q) The DUI program shall post a notice in a prominent location in the program reception area, informing program participants and staff that soliciting or accepting a bribe, or selling a Notice of Completion Certificate, is illegal and punishable by law.

(r) The Department may initiate administrative action pursuant to Section 9834 to suspend or revoke the license of any DUI program who is found responsible for the sale of a Notice of Completion Certificate or whose failure to exercise diligence to control, track, and document the issuance of a Notice of Completion Certificate has contributed to the sale of a Notice of Completion Certificate. The DUI program may appeal such administrative action pursuant to Section 9836 and the provisions of Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code.

(s) To the extent possible, any appeal of a fine or civil penalty assessed pursuant to this regulation and an appeal of any related administrative action shall be joined in a single proceeding.