New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 162 - INTOXICATED DRIVING PROGRAM
Subchapter 8 - CLIENT NON-COMPLIANCE PROCEDURES
Section 10:162-8.1 - Failure to attend the Intoxicated Driver Resource Center/Intoxicated Driving Program or pay the required fees

Universal Citation: NJ Admin Code 10:162-8.1

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Failure to attend the Intoxicated Driver Resource Center/Intoxicated Driving Program or to pay the required fees shall be considered noncompliance. In such cases, the Intoxicated Driver Resource Center/Intoxicated Driving Program shall take the following steps:

1. A notice of noncompliance shall be mailed to the client's address on the record of conviction or the client's most recent address if the client has notified the Intoxicated Driver Resource Center/Intoxicated Driving Program of a change of address.

2. If there is no reply, or if the client remains in noncompliance, the Intoxicated Driver Resource Center/Intoxicated Driving Program, within 10 working days of mailing the notice of noncompliance, may issue a noncompliance report:
i. A copy of the report shall be mailed to the client.

ii. If the client is a new law offender, a copy of the report shall be mailed to the court of conviction with a copy of the original notice of noncompliance.

3. If the noncompliance is not resolved within 30 calendar days after issuance of the noncompliance report, a copy of the noncompliance report and supporting documents shall be mailed to the Intoxicated Driving Program. The Intoxicated Driving Program shall request that the Division of Motor Vehicles suspend the client's license.

4. The Intoxicated Driver Resource Center/Intoxicated Driving Program shall consider if the client's failure to:
i. Attend is related to the public health emergency, including, but not limited to, the client's self-isolation, quarantine, or illness; need to care for a family member due to illness or school closure; or need to report to work as an essential employee. If so, then the client's absence shall not be considered a failure to attend and the client shall not be placed in noncompliance status.

ii. Pay the required fees is related to the public health emergency, including any resultant loss of employment or wages. If so, then the Intoxicated Driver Resource Center may consider alternate payment arrangements, such as a payment schedule or plan. If the client's failure to pay the required fees is related to the public health emergency and the client has entered into an alternate payment arrangement, then the client shall not be placed in noncompliance status. The Intoxicated Driver Resource Center shall consult with the county designating authority regarding the handling of fees and alternate payment arrangements for clients during and subsequent to the public health emergency. The allowance of alternate payment arrangements shall not remove or waive the client's obligation to pay any required fees.

5. The Intoxicated Driver Resource Center/Intoxicated Driving Program shall discontinue the noncompliance process set forth at (a)1, 2, and 3 above as follows:
i. For clients who have been issued a notice of noncompliance pursuant to (a)1 above between February 7, 2020, and May 21, 2020, the Intoxicated Driver Resource Center shall discontinue the noncompliance process and the notice of noncompliance shall be void. The IDRC shall contact and communicate with the client regarding the actions that the client must take to satisfy their attendance, education, screening, evaluation, referral, program, and/or fee requirements.

ii. For clients who have been issued a noncompliance report pursuant to (a)2 above between February 23, 2020, and May 21, 2020, the Intoxicated Driver Resource Center shall discontinue the noncompliance process and the noncompliance report shall be void. The Intoxicated Driver Resource Center shall contact and communicate with the client regarding the actions that the client must take to satisfy their attendance, education, screening, evaluation, referral, program, and/or fee requirements.

iii. The IDP shall cease forwarding requests for driver's license suspensions as required at (a)3 above to the Motor Vehicle Commission for clients who have been issued a notice of noncompliance and a noncompliance report as described in (a)5i and ii above.

iv. Upon the resumption of municipal court services, nothing in this subsection shall preclude an Intoxicated Driver Resource Center or the Intoxicated Driving Program from initiating and following the noncompliance process set forth at (a)1, 2, or 3 above for client noncompliance that is not connected to, and excused by, the public health emergency as permitted by this temporary rule modification.

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