(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.
Notes
Cal. Code Regs. Tit.
9, §
9878
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.
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).