Cal. Code Regs. Tit. 13, § 120.00 - Purchase and Use of Notice of Completion Certificates

(a) A Driving Under the Influence (DUI) Program provider shall use Notice of Completion Certificates, DL 101 (REV 1/2007), purchased from the department only for submission to the department for participants who have satisfactorily completed the course of instruction offered by the provider. Except as required by subdivision (g), a DUI Program provider shall not issue, sell, loan, or transfer the certificates to the program participant, any other DUI Program provider, person, or entity.

(b) The department shall charge a fee of $3.00 per Notice of Completion Certificate.

(c) A DUI Program provider may purchase Notice of Completion Certificates in books of fifty (50) from the department's headquarters office. Requests to purchase completion certificates shall be mailed to:

DEPARTMENT OF MOTOR VEHICLES

FORMS AND ACCOUNTABLE ITEMS SECTION - MS G202

PO BOX 932382

SACRAMENTO, CALIFORNIA 94232-3820

(1) The request to purchase completion certificates shall be on a Request for DUI Program Forms, DL 101R (Rev. 12/2010), which shall be completed in full and shall contain the printed name and original signature of the program director or any employee authorized by the program director to order completion certificates. The DL 101R, is herein incorporated by reference.

(A) A DUI Program Director may authorize only one employee per licensed location to purchase or order DUI certificates and only two employees per licensed location to sign completed certificates by submitting a DUI Program Signatory Authority, DL 101S (Rev. 12/2010), which shall be completed in full and include the printed name and title of the employee, the effective date of the authorization, the employee's signature, and the DUI Program Director's printed name and signature. The DL 101S is herein incorporated by reference.

(B) A DUI Program Director may delete the authorization of an employee to purchase or order DUI certificates or to sign completed certificates by submitting, a DL 101S, which shall be completed in full and include the name of the deleted employee, the effective date of the deletion, and the printed name and signature of the DUI Program Director.

(C) The DL 101S must be submitted at least five (5) days prior to the effective date of the employee authorization or deletion.

(2) The department shall mail the completion certificates only to the address of record for the DUI Program provider.

(A) Each DUI Program provider shall have only one address of record for each licensed location at a time, which shall be consistent with the mailing or site address given to the Department of Alcohol and Drug Programs and printed in the Directory of DUI Program Service Providers.

(B) Any changes to the DUI Program provider's address of record that occur between Directory update publications must be made, in writing, on the letterhead stationery of the DUI provider, signed by the DUI Program Director, and mailed to the Department of Alcohol and Drug Programs prior to requesting completion certificates at the new address.

(d) The DUI Program provider shall maintain the pink copy of the Notice of Receipt of DUI Program Certificates, ADM 518A(New 5/2002) issued by the department with each shipment of DUI certificates as proof of receipt of completion certificates as a business record for four years from the date the ADM 518A is issued. The Notice of Receipt of DUI Program Certificates, ADM 518A (New 5/2002) is herein incorporated by reference.

(1) The DUI program provider shall sign and mail back the white copy of the ADM 518A to the Department of Motor Vehicles' Forms and Accountable Items Section as evidence of receipt of the completion certificates.

(A) Until the department receives the white copy of the ADM 518A, the department will not authorize the acceptance of the completion certificates issued under that individual ADM 518A.

(B) If the department does not receive the copy of the signed ADM 518A from the DUI Program provider within eight weeks of the shipping date, the department may cancel the completion certificates shipped under the ADM 518A, and those completion certificates will not be accepted by the department.

(2) If the department cancels completion certificates pursuant to this section, no refund of the fees for the canceled certificates will be authorized.

(e) The department shall cancel any completion certificates for which the department received payment by check that is dishonored when presented for payment. The DUI Program provider shall surrender the canceled completion certificates to the department upon notification and demand for surrender.

(f) The department shall replace in full books of fifty (50), without a charge, those completion certificates which are damaged during the manufacturing and/or shipping process, or any completion certificates shipped, but not received as a full book of fifty (50).

(1) If the DUI program provider chooses to request replacement of the completion certificates, the provider shall submit a DL 101R and shall complete it in full to include: a list of the numbers for the completion certificates for which replacement is requested, the reason for the replacement request, and a statement, signed under penalty of perjury under the laws of the State of California by the DUI program director or the authorized employee, that the information contained in the replacement request is true and correct.

(2) The DUI program provider shall retain the original certificate and all copies of the damaged completion certificates or those received individually as incomplete books in numerical sequence in the original book until they are destroyed pursuant to Section 9867 Subdivision (f) of Title 9, California Code of Regulations.

(g) When proof of completion of a DUI Program is required by the Vehicle Code, and the program participant completes all program requirements, the DUI Program provider shall complete the DMV copy of the DL 101 and submit it directly to the department. The program provider shall also submit the court copy of the DL 101 to court, and give the participant the participant copy. The department will only accept the completed original DMV copy from the program provider as acceptable proof of program completion.

(1) DUI Program providers may submit completed certificates by express mail to:

DEPARTMENT OF MOTOR VEHICLES

MANDATORY ACTIONS UNIT

2570 24TH STREET - MS J 233

SACRAMENTO, CALIFORNIA 95818

(2) DUI Program providers may submit completed certificates by regular mail to:

DEPARTMENT OF MOTOR VEHICLES

MANDATORY ACTIONS UNIT

PO BOX 942890

SACRAMENTO, CALIFORNIA 94290-0001

(3) DUI Program providers who have been authorized by the department to submit completion certificates via electronic medium may submit completion certificates electronically to the department as authorized.

(h) The Vehicle Code requirements for a person to give, provide, or submit proof of completion of a DUI Program satisfactory to the department, shall be satisfied by a program participant when he or she completes all program requirements and signs the Notice of Completion Certificate (DL 101) or the Participant's Certification of DUI Program Enrollment or Completion, DL 804 (REV 1/2003) WWW, and the completed DL 101 is received by the department.

(1) The DL 804 (REV 1/2003) WWW, shall be used only when the participant is unavoidably absent and therefore unavailable to sign the Completion Certificate (DL 101) at the time it is issued by the program provider as evidence of the participant's program completion. The Participant's Certification of DUI Program Enrollment or Completion, DL 804 (REV 1/2003) WWW, is herein incorporated by reference.

(2) The DL 804 shall be retained by the DUI Program provider for the period required by Section 9866 of Title 9, California Code of Regulations, and shall be made available to the department immediately upon request.

(3) If an electronic completion certificate is submitted from a DUI Program provider that the department has authorized to submit completion certificates electronically, the participant's original signature which attests under penalty of perjury that he or she has completed all required DUI Program components will be captured on a DL 804 and retained by the DUI Program provider for the period required by Section 9866 of Title 9, California Code of Regulations. This document shall be made available to the department immediately upon request.

(i) The department will only accept completion certificates that contain all the information requested on the completion certificates. Incomplete or illegible certificates received by the department will be retained by the department and a DUI Program provider who submits an incomplete or illegible certificate will be required to submit a fully completed and legible certificate in place of the incomplete or illegible certificate.

(j) The department will only accept from a DUI Program provider those completion certificates that the department has assigned and shipped to that DUI Program provider, or electronic completion certificates from those program providers that the department has authorized to submit completion certificates electronically.

Notes

Cal. Code Regs. Tit. 13, § 120.00

1. New article 2.5 and section filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
2. Amendment of section and NOTE filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
3. Amendment of subsection (a) and NOTE filed 4-28-2008; operative 5-28-2008 (Register 2008, No. 18).
4. Change without regulatory effect amending subsections (c)(1)-(c)(1)(B) and (f)(1) filed 11-29-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 49).
5. Repealer of subsection (k) filed 5-21-2019; operative 5-21-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 21).

Note: Authority cited: Sections 1651 and 13353.45, Vehicle Code. Reference: Sections 1801, 1801.1, 13352, 13352.1, 13352.4, 13352.5, 13353.4 and 13353.45, Vehicle Code

1. New article 2.5 and section filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
2. Amendment of section and Note filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
3. Amendment of subsection (a) and Note filed 4-28-2008; operative 5-28-2008 (Register 2008, No. 18).
4. Change without regulatory effect amending subsections (c)(1)-(c)(1)(B) and (f)(1) filed 11/28/2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 49).
5. Repealer of subsection (k) filed 5-21-2019; operative 5/21/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 21).