1 CCR 204-30-12 - ENROLLMENT IN LEVEL II ALCOHOL AND DRUG EDUCATION AND TREATMENT PROGRAMS
SECTION 1.
AUTHORITY
A. Basis, Purpose and
Statutory Authority:
The statutory bases for this regulation are § 42-2-126(4)(d)(II), 42-2-132, 42-2-144, 42-4-1301.3, C.R.S., 2 CCR 502-1: 10.5.4
The purpose of this rule is to identify the types of documents that the Department will accept as proof that a driver has enrolled in or has completed a required Level II treatment program.
These rules are promulgated under the statutory authority of § 24-4-103 and 42-1-204, C.R.S.
B. INCORPORATION BY REFERENCE OF OTHER RULES
1. Adoption: The Department incorporates by
reference the Department of Human Services, Behavioral Health Administration
Behavioral Health Rule at 2 CCR 502-1:10.5.4 DUI/DWAI Reporting and Data
Requirements dated 01/01/2024. Material incorporated by reference in this rule
does not include later amendments to or editions of the incorporated
material.
2. Rules and Regulations
referenced or incorporated in this rule concerning minimum standards for the
operation of commercial vehicles DUI/DWAI Reporting and Data Requirements, 2
CCR 502-10.5.4, are available at the original issuing agency headquarters,
Colorado Department of Human Services, Office of Strategic Communications and
Legislative Relation, State Board Administrator.The State statutes and
regulations referenced or incorporated in this rule are on file and available
for inspection by contacting the Driver Control Section of the Department of
Revenue in person at, 1881 Pierce Street, Room 150, Lakewood, Colorado, 80214,
or by telephone at 303-205-5600, and copies of the materials may be examined at
any state publication depository library.
SECTION 2.
DEFINITIONS
2.1 "Affidavit of Enrollment" means form
DR2643 provided by the Department or an approved electronic
equivalent.
2.2 "Department" means
the Colorado Department of Revenue created in §
24-1-117, C.R.S.
2.3 "Estimated date of completion" means the
latest date when the driver is expected to have successfully completed all
components of their assigned Level II Program.
2.4 "Identified Data Collection System" means
the Behavioral Health Administration's database or system that is utilized by
Level II Endorsed Agencies to electronically track and report an individual's
education and treatment enrollment, attendance, compliance, and discharge
status.
2.5 "Level II Agency" means
an organization or entity licensed and endorsed by the Behavioral Health
Administration of the Colorado Department of Human Services that provides Level
II DUI Program Services.
2.6.
"Level II Program" means a level II program as described in §
42-4-1301.3(3)(c)(IV),
C.R.S.
2.7 "Behavioral Health
Administration" or "BHA" has the same meaning as provided in 27-50-102,
C.R.S.
SECTION 3.
AGENCIES DELIVERING LEVEL II SERVICES
3.1 The Affidavit of Enrollment form shall be
fully completed by the Level II Agency and the person seeking enrollment,
including the Treatment Track and Estimated Date of Completion; a copy must be
retained by the Level II Agency. The Department will not accept an incomplete
Affidavit of Enrollment. The Department may accept an approved electronic
equivalent submitted through the identified data collection system.
3.2 Level II Agencies are responsible for
submitting evidence of program completion to the Department. Evidence of
program completion should be submitted to the Department via a validated BHA
DUI/DWAI Reporting System form or other BHA identified data collection
system.
3.3 If a client changes
Level II Agencies for any reason, the new Level II Agency shall submit a new
Affidavit of Enrollment to the Department on behalf of the client and notice of
their enrollment through the identified data collection system.
3.4 BHA rule 2 CCR 502-1: 10.5.4.D.1 require
that information in the individual's DRS record must be updated in the
identified data collection system in a timely manner, not to exceed more than
seven (7) calendar days after a service is provided or a change in
status.
Notes
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