Cal. Code Regs. Tit. 9, § 9878 - Participant Fees
(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
The
The
(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
The
The
The
The
(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
The
For example:
If the county median family income is $39,035, the
If the
If the
At its option, the
(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
(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.
Notes
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.
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).
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