SECTION 1.
AUTHORITY
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,
21.240.2.
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.
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 Office of Behavioral Health database or system that is utilized by Level II
Agencies to electronically track and report client enrollment and
status.
2.5 "Level II Agency" means
an organization licensed by the Office of Behavioral Health of the Colorado
Department of Human Services that provides Level II Programs.
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 "OBH" means the Office
of Behavioral Health within the Colorado Department of Human Services in §
24-1-120(6)(d),C.R.S.
as created pursuant to Article 80 of Title 27.
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 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 through the Identified Data Collection
System or a DUI/DWAI Reporting System (OBH form).
3.3 If a client changes Level II Agencies for
any reason, the client must file a new Affidavit of Enrollment with the
Department, and the new Level II Agency shall submit a notice of the enrollment
through the Identified Data Collection System.
3.4 Level II Agencies shall utilize the
Identified Data Collection System to provide reports to the Department on
enrollments as well as client status including discharges. The quarterly report
requirement referenced in §
42-2-144, C.R.S. is now satisfied
by the Identified Data Collection System, which provides daily updates
electronically to the Department.
Notes
1 CCR 204-30-12
37
CR 20, October 25,2014, effective 11/14/2014
38
CR 11, June 10, 2015, effective 6/30/2015
38
CR 12, June 25, 2015, effective 7/15/2015
38
CR 17, September 10, 2015, effective
9/30/2015
39
CR 01, January 10, 2016, effective
1/30/2016
39
CR 14, July 25, 2016, effective
8/14/2016
39
CR 15, August 10, 2016, effective
8/30/2016
39
CR 16, August 25, 2016, effective
9/14/2016
39
CR 19, October 10, 2016, effective
10/30/2016
39
CR 24, December 25, 2016, effective
1/30/2017
40
CR 20, October 25, 2017, effective
11/14/2017
40
CR 24, December 25, 2017, effective
1/14/2018
41
CR 08, April 25, 2018, effective
5/15/2018
41
CR 11, June 10, 2018, effective
6/30/2018
41
CR 17, September 10, 2018, effective
9/30/2018
41
CR 23, December 10, 2018, effective
12/30/2018
42
CR 06, March 25, 2019, effective
4/14/2019
42
CR 24, December 25, 2019, effective
1/14/2020
43
CR 12, June 25, 2020, effective
5/22/2020
43
CR 12, June 25, 2020, effective
7/16/2020
43
CR 19, October 10, 2020, effective
9/17/2020
43
CR 18, September 25, 2020, effective
10/15/2020
43
CR 23, December 10, 2020, effective
11/4/2020
43
CR 20, October 25, 2020, effective
11/15/2020
43
CR 22, November 25, 2020, effective
12/16/2020
43
CR 23, December 10, 2020, effective
12/30/2020
44
CR 01, January 10, 2021, effective
1/30/2021
44
CR 03, February 10, 2021, effective
3/2/2021
44
CR 15, August 10, 2021, effective
8/31/2021
44
CR 22, November 25, 2021, effective
12/15/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 24, December 25, 2022, effective
1/14/2023
46
CR 01, January 10, 2023, effective
1/30/2023
45
CR 22, November 25, 2022, effective
1/31/2023
46
CR 05, March 10, 2023, effective
4/3/2023