Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) For
purposes of this regulation, the term "participant" includes both individuals who
are enrolled and are participating in the DUI program and individuals who are in the
process of enrolling in the DUI program.
(b) Except as specified in (d) below, the DUI
program shall set participant fees at a level sufficient to cover the cost of
program services, including each participant's share of personnel and operating
expenses incurred by the DUI program in providing program services.
(c) The DUI program shall charge only the program
fee or any additional fee that has been approved by the Department pursuant to this
section of regulation. The DUI program shall not increase program fees or additional
fees unless a request has been submitted to the county alcohol and drug program
administrator and submitted to and approved by the Department.
(1) In order to request to increase program fees
or additional fees, the DUI program shall submit the following to the Department in
writing:
(A) A cover letter indicating the proposed
program fee and the rationale for the increase.
(B) A line item revenue and expenditure report for
the prior fiscal year.
(C) A projected
line item budget reflecting the proposed fee increase for the next fiscal
year.
(D) A breakdown of the proposed
program fee by unit of service.
(E) A
revised payment agreement that includes the proposed fee increase.
(F) A standardized payment schedule in accordance
with (d)(1) of this regulation.
(2) The county alcohol and drug program
administrator shall have 30 days from receipt of a request to review the request and
forward it to the Department along with a recommendation to approve or disapprove
the request to increase program fees based on the following criteria:
(A) The DUI program's rationale for requesting the
fee increase, such as increases in staff salaries or rent, facility improvements,
etc.;
(B) The accuracy of the DUI
program's representation of revenues and expenses provided, based on the county's
last review and/or audit of the DUI program's records, and;
(C) Whether the proposed increase results in
exceeding the profit or surplus limit established by the Department pursuant to (o)
of this regulation.
(3) If the
county alcohol and drug program administrator fails to forward the request and
his/her recommendation to the Department within 30 days from receipt of the request,
the DUI program may submit the request directly to the Department for
approval.
(4) The Department shall have
30 days from receipt of the request to either approve or deny the requested program
fee increase. In making the decision, the Department shall consider criteria
described in (c) of this regulation. If the Department approves a fee increase
request that is contrary to the recommendation made by the county alcohol and drug
program administrator, the Department shall address each of the county's objections
in the approval letter. In the event that the county alcohol and drug program
administrator fails to forward the request as described in (c)(3) of this
regulation, the Department may act without the administrator's
recommendation.
(d) The DUI
program shall establish and use a standardized payment schedule, approved by the
Department in accordance with this subsection, to determine each participant's
assessed program fee and schedule for payment of fees.
(1) The standardized payment schedule shall
specify:
(A) The program fee and additional fees,
broken out by cost of unit of service;
(B) The monthly income level at which the DUI
program shall require the participant to pay a maximum program fee of no more than
$5.00 per month, in accordance with Subsection (f)(1) of this regulation;
(C) The monthly income level at which the DUI
program shall allow the participant to extend payment of the program fee or shall
reduce the participant's assessed program fee through one of the options described
in Subsection (f)(3) of this regulation;
(D) The option the DUI program has elected to use,
in accordance with Subsection (f)(3) of this regulation;
(E) A schedule for payment of fees, including the
amount of down payment and the amount and frequency of payments required;
and
(F) A sample of the participant
contract containing the terms and conditions for a fee assessment and a payment
schedule.
(2) The DUI program
shall apply the standardized payment schedule equally in determining the
participant's assessed program fee and payment schedule.
(3) The DUI program shall submit the standardized
payment schedule to the Driving Under the Influence Program Branch (DUIPB),
Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95811, for
review and approval:
(A) Prior to using the
standardized payment schedule, and
(B)
Whenever the DUI program modifies the standardized payment
schedule.
(4) The DUIPB shall
review the standardized payment schedule developed by the DUI program to determine
if it complies with the requirements of this regulation and Section
11837.4
of the Health and Safety Code. Within 30 days of the date of the Department receives
the standardized payment schedule, the DUIPB shall:
(A) Notify the DUI program that the standardized
payment schedule was approved and the date of approval, or
(B) Notify the DUI program that the standardized
payment schedule was not approved.
(5) If the DUIPB disapproves the standardized
payment schedule submitted by the DUI program, the notice of disapproval shall
inform the DUI program how the standardized payment schedule must be amended in
order to be approved and shall explain the DUI program's right of appeal in
accordance with this regulation.
(6)
Within 15 days of the date shown on the written notice of disapproval, the DUI
program shall submit:
(A) An amended standardized
payment schedule to the DUIPB, or
(B) A
written request for appeal of the DUIPB's decision to the Director, Department of
Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95811.
(7) If the DUI program submits an amended
standardized payment schedule, the DUIPB shall review it in accordance with
Subsection (d)(4) of this regulation.
(8) If the DUI program submits a written request
for appeal, within 15 days of the receipt of the request the Director or his/her
designee shall:
(A) Review the DUIPB's decision and
any subsequent documentation regarding the appeal, which was submitted by the DUI
program, and
(B) Notify the DUI program
in writing of his/her decision.
(9) Pending approval of the DUI program's
standardized payment schedule, the DUI program shall collect the program fees using
the most recent standardized payment schedule approved by the DUIPB. This
requirement shall not preclude the right of any participant to have his/her program
fee modified in accordance with subdivision (f).
(e) The DUI program shall document the
participant's assessed program fee and payment schedule in the participant contract
signed at enrollment. The DUI program shall amend the contract to reflect any
subsequent increase or decrease in the assessed program fee or the payment
schedule.
(f) If the participant
notifies the DUI program that he/she is unable to pay the fee shown on the
standardized payment schedule, the DUI program shall perform a financial assessment,
in accordance with Section
9879, and shall allow participation in
the program as follows:
(1) If the participant's
monthly income is equal to or less than the general assistance benefit level for one
person, established by the county board of supervisors pursuant to Part 5
(commencing with Section
17000) of the Welfare and Institutions
Code, the DUI program shall assess the participant a maximum program fee of no more
than $5.00 per month for each month in which the participant's income is equal to or
less than the general assistance benefit level for the county in which the DUI
program is licensed to provide services. The assessed program fee shall be
applicable for each month in which the participant is enrolled in the DUI program
for one or more calendar days.
(A) At least once a
year, on or before July 1, the DUI program shall request written notification of the
current general assistance benefit level from the county alcohol and drug program
administrator or the county board of supervisors. The DUI program shall retain a
copy of the notification in its files and shall send a copy of the notification to
the Department by October 1 of the same year.
(B) If the county board of supervisors has not
established a general assistance benefit level, the DUI program shall assess the
participant a maximum program fee of no more than $5.00 per month for each month in
which the participant's monthly income is $300 or less.
(C) If the participant is eligible for a maximum
program fee of no more than $5.00 per month, the DUI program shall assess only the
following additional fees:
The DUI program may assess a maximum additional fee of no more
than $5.00 each time it must reschedule a program service because the participant
failed to attend or reschedule in advance, in accordance with the requirements of
Section 9876.
The program may assess a maximum additional fee of no more than
$10.00 each time it reinstates a participant who was dismissed from the program, in
accordance with Section
9886, or who voluntarily withdrew from
the program.
The DUI program may assess a maximum fee of $5.00 for processing
a transfer to another licensed DUI program.
(2) If the participant's monthly income is greater
than the general assistance benefit level for the county, the DUI program shall
determine if it is equal to or less than 35 percent of the monthly median family
income for the county, as shown on the most recent decennial census obtained from
the county planning department or from the State Census Data Center, Department of
Finance, 915 L Street, Sacramento, CA 95814.
(3) If the participant's monthly income is greater
than the general assistance benefit level for the county but equal to or less than
35 percent of the monthly median family income for the county, the DUI program shall
allow the participant to extend payment of the program fee [i.e. the extended
payment option, described in subdivision (f)(3)(D) of this regulation] or shall
reduce the participant's assessed program fee [i.e. the reduced fee option,
described in subdivision (f)(3)(E) of this regulation].
(A) The DUI program shall elect to use either the
extended payment option or the reduced fee option and shall use the option it has
elected for all participants whose monthly income is greater than the general
assistance benefit level for the county but equal to or less than 35 percent of the
monthly median family income for the county.
(B) The DUI program shall notify the Department in
writing of which option it elects to use.
(C) A DUI program may change its election of an
option any time. To do so the DUI program shall submit a written request for
approval to the Driving-Under-the-Influence Program Branch (DUIPB), Department of
Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95811, at least 30 days
prior to the effective date of a proposed change. In accordance with subdivision
(d)(4) of this regulation, the DUIPB shall review the request to determine that it
complies with the requirements of this regulation. The DUIPB shall notify the DUI
program, in writing, of its decision. The DUI program shall not implement the change
until it receives approval from the DUIPB.
(D) If the DUI program elects to use the extended
payment option, the DUI program shall assess the participant the full program fee
shown on the DUI program's standardized payment schedule. The DUI program shall
allow the participant to extend payment of his/her assessed program fee as follows:
The DUI program shall allow a participant in a three-month
program no less than six months from the date of enrollment to pay the program
fee.
The DUI program shall allow a participant in a six-month program
no less than nine months from the date of enrollment to pay the program fee. The DUI
program shall allow a participant in a nine-month program no less than 12 months
from the date of enrollment to pay the program fee.
The DUI program shall allow a participant in a 12-month program
no less than 15 months from the date of enrollment to pay the program fee.
The DUI program shall allow a participant in a 18-month program
no less than 18 months from the date of enrollment to pay the program fee.
The DUI program shall allow a participant in a 30-month program
no less than 30 months from the date of enrollment to pay the program
fee.
(E) If the DUI program
elects to use the reduced fee option, the DUI program shall assess the participant's
program fee as follows:
The DUI program shall divide the participant's annual gross
income by 35 percent of the county median family income to determine the percentage
of the program fee to be paid by the participant.
The DUI program shall multiply the resulting percentage by the
program fee, shown on the DUI program's standardized payment schedule, to determine
the dollar amount of the participant's assessed program fee.
For example:
If the county median family income is $39,035, the DUI program
would multiply $39,035 by 0.35 to determine that 35 percent of the county median
family income is $13,662.
If the participant's income is $10,930, the DUI program would
divide $10,930 by $13,662 to determine that the participant would be required to pay
80 percent of the program fee.
If the DUI program fee is $1,081, the DUI program would multiply
$1,081 by 80 percent to determine that the participant's assessed program fee would
be $865.
At its option, the DUI program may require the participant to
pay his/her assessed program fee in accordance with the provisions of subdivision
(f)(4) of this regulation, or the DUI program may allow the participant to extend
payments as specified in subdivision (f)(3)(D) of this regulation.
(F) If the participant's income is greater than
the general assistance benefit level for the county but equal to or less than 35
percent of the monthly median family income for the county, the DUI program shall
not require the participant to pay a down payment that exceeds the cost of enrolling
the participant in the program.
(4) If the participant's monthly income is greater
than 35 percent of the monthly median family income for the county, the DUI program
shall assess the participant the full program fee shown on the DUI program's
standardized payment schedule. The DUI program shall allow the participant to pay
his/her assessed program fee as follows:
(A) The
DUI program shall allow a participant in a three-month program no less than three
months from the date of enrollment to pay the program fee.
(B) The DUI program shall allow a participant in a
six-month program no less than six months from the date of enrollment to pay the
program fee.
(C) The DUI program shall
allow a participant in a nine-month program no less than nine months from the date
of enrollment to pay the program fee.
(D) The DUI program shall allow a participant in a
12-month program no less than 12 months from the date of enrollment to pay the
program fee.
(E) The DUI program shall
allow a participant in a 18-month program no less than 12 months from the date of
enrollment to pay the program fee.
(F)
The DUI program shall allow a participant in a 30-month program no less than 18
months from the date of enrollment to pay the program fee.
(G) The DUI program may require the participant to
pay a down payment not to exceed 50 percent of the program fee for first offenders,
or 20 percent of the program fee for multiple
offenders.
(g)
Except for participants who are eligible for a minimum fee of $5.00 per month (as
specified in (f) immediately above), the DUI program may charge for the following
additional services:
Leave of Absence;
Returned check (excluding bank charge);
Missed Activity;
Rescheduling;
Transfer-Out (excluding transfer of non-enrolled participants
and administrative referrals);
Transfer-In;
Reinstatement;
Duplicate DL 101 (research);
Late Payment Fee; and
Alcohol/Drug Screening (positive result);
The DUI program shall charge only for additional services shown
in (g) immediately above. The DUI program shall provide justification in writing to
the Department for any additional service it proposes to charge pursuant to Section
9878(c). Such
justification shall include the activity and time involved to perform the task, and
the classification and hourly rate of pay for the staff performing the
tasks.
(h) The DUI program may
allow a participant to voluntarily pay in advance for program services to be
provided.
(i) The DUI program may
withhold the participant's Notice of Completion certificate until the assessed
program fee, and any additional fees assessed have been paid in full. Withholding of
the participant completion certificate shall require an agreement between the
parties, to be reflected in the participant contract or an amendment to that
contract. (As used in this regulation, the term "completion certificate" means the
Department of Motor Vehicles' Form DL 101.)
(1)
The contract or amendment shall state that the participant has been informed of (and
by signing the contract shows that he/she understands) the terms and conditions of
the contract, and he/she agrees that the program Notice of Completion certificate
may be withheld until the participant has paid the assessed program fee and any
additional fees assessed.
(2) The
contract or amendment shall be signed by the participant and by a DUI program
representative.
(3) The DUI program
shall retain a copy of the signed contract or amendment in the participant's
record.
(j) The DUI program
may allow the participant, at the DUI program's option, to pay the program fee on a
weekly, bi-weekly, or monthly basis. If the DUI program requires the participant to
pay the program fee on a weekly or bi-weekly basis, the total amount charged shall
not exceed the total amount which would be required if payment were made in equal
monthly payments.
(k) The DUI program
shall refund to the participant any program fee paid in advance for services the
participant did not receive. Refunds to participants who have been dismissed from
the program shall be issued within ninety days from the date of dismissal. In
calculating the amount to be refunded to the participant, the DUI program shall use
the program fee per unit of service approved pursuant to this regulation.
(l) Prior to processing a participant's request
for a transfer to another state licensed DUI program, the DUI program may require
the participant to pay his/her assessed program fee due for services provided by the
DUI program and any additional fees assessed in accordance with the provisions of
this regulation.
(m) Prior to processing
a participant's request for reinstatement to the program following a dismissal,
voluntary withdrawal, or transfer, the DUI program may require the participant to
pay his/her assessed program fee due for services provided by the DUI program, and
any additional fees assessed in accordance with the provisions of this
regulation.
(n) The county may assess an
amount not to exceed five percent of gross program revenue per annum for its
administration and monitoring of the DUI program, in accordance with Section
9801.5. The county may assess an amount
in excess of five percent of gross program revenue per annum only with approval by
the Department. Such approval shall require the county to provide justification of
actual costs and services. Approval shall be valid only for the fiscal year for
which it is granted.
(o) DUI program
profit or surplus shall not exceed 10 percent of gross revenue from fees per
annum.
(p) The DUI program shall
maintain for Departmental review the current and previous fiscal year program budget
and revenue and expenditure reports.
1. Change without
regulatory effect renumbering and amending former section
9846 to section
9878 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. Certificate of Compliance as to 4-27-92 order including amendment
of subsection (i) transmitted to OAL 7-16-92 and filed 8-25-92 (Register 92, No.
35).
5. Amendment of section heading and text filed 6-14-93 as an
emergency; operative 6-14-93 (Register 93, No. 25). A Certificate of Compliance must
be transmitted to OAL by 10-12-93 or emergency language will be repealed by
operation of law on the following day.
6. Amendment of section heading
and text refiled 9-1-93 as an emergency; operative 10-8-93 (Register 93, No. 36). A
Certificate of Compliance must be transmitted to OAL by 2-7-94 or emergency language
will be repealed by operation of law on the following day.
7. Amendment
of section heading and text refiled 2-2-94 as an emergency; operative 2-5-94
(Register 94, No. 5). A Certificate of Compliance must be transmitted to OAL by
6-6-94 or emergency language will be repealed by operation of law on the following
day.
8. Certificate of Compliance as to 2-2-94 order including amendment
of section transmitted to OAL 5-31-94 and filed 7-13-94 (Register 94, No.
28).
9. Repealer of subsection (d)(1)(F), subsection relettering,
amendment of subsection (n), new subsections (n)(1)-(n)(3) and amendment of NOTE
filed 3-23-2000; operative 4-22-2000 (Register 2000, No. 12).
10.
Amendment of section heading and subsection (a), new subsections (a)(1)-(4),
repealer of subsections (n)-(n)(4) and subsection relettering filed 9-1-2004;
operative 10-1-2004 (Register 2004, No. 36).
11. Amendment of subsection
(j) filed 12-6-2004; operative 1-5-2005 (Register 2004, No. 50).
12.
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; and Section
23538, Vehicle
Code. Reference: Sections
11837.4
and
11837.5,
Health and Safety Code.
