Current through Register Vol. 48, No. 39, March 25, 2024
Subpart
1.
Establishment and composition.
A chemical abuse review panel is established to review the
type of chemical dependency treatment imposed by the commissioner or accepted
by the commissioner. Members of the panel must be certified chemical dependency
counselors or other health care professionals experienced in the area of
chemical abuse and selected by the commissioner based on the recommendation of
the Department of Human Services.
Subp.
2.
Procedure.
Applications for review by the chemical abuse review panel
are governed by the following procedures:
A. A request for review by the chemical abuse
review panel must be submitted to the commissioner in writing together with
copies of the written materials the person wishes to have considered. This
request may include a written request for copies of the materials submitted to
the panel by the commissioner. No personal appearance will be granted before
the chemical abuse review panel.
B.
The commissioner shall submit the person's requests and materials to the
chemical abuse review panel not more than 30 days from receipt of the request
for review.
C. The commissioner may
submit written materials for consideration by the chemical abuse review panel.
These materials will be supplied to the applicant if requested.
D. Both parties have the right to submit
additional written material for rebuttal until the review date.
E. On the review date, the written material
submitted by both parties will be sent to the chemical abuse review
panel.
F. After receiving the
written materials, the chemical abuse review panel shall recommend an
alternative form of chemical dependency treatment to the commissioner if the
person establishes that the type of treatment or diagnosis is not appropriate
or correct under the individual circumstances of that person's case. The
chemical abuse review panel shall recommend to the commissioner that the type
of treatment be changed only if the person establishes that the type of
treatment or diagnosis is appropriate or correct under the individual
circumstances of that person's case.
G. The chemical abuse review panel shall
report its recommendations to the commissioner within 15 days of submission of
the written materials by the commissioner.
H. The commissioner shall promptly report the
recommendations of the chemical abuse review panel to the person. Under no
circumstances may full driving privileges be granted. The commissioner shall
decide whether to follow the recommendations of the panel and shall promptly
report that decision together with a statement of reasons for the decision to
the person. Notice of the commissioner's decision must contain a statement
describing the person's right to challenge the final decision in district
court.
I. Not more than one review
per year may be made available to a person, with a maximum of two reviews made
available during an individual period of license cancellation.
