1 Colo. Code Regs. § 204-30-12
Current through Register Vol. 48, No. 1, January 10, 2025
Rule 1 CCR 204-30-12 - ENROLLMENT IN LEVEL II ALCOHOL AND DRUG EDUCATION AND TREATMENT PROGRAMSSECTION 1.AUTHORITYA. 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.DEFINITIONS2.1 "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 SERVICES3.1 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.37 CR 20, October 25,2014, effective 11/14/201438 CR 11, June 10, 2015, effective 6/30/201538 CR 12, June 25, 2015, effective 7/15/201538 CR 17, September 10, 2015, effective 9/30/201539 CR 01, January 10, 2016, effective 1/30/201639 CR 14, July 25, 2016, effective 8/14/201639 CR 15, August 10, 2016, effective 8/30/201639 CR 16, August 25, 2016, effective 9/14/201639 CR 19, October 10, 2016, effective 10/30/201639 CR 24, December 25, 2016, effective 1/30/201740 CR 20, October 25, 2017, effective 11/14/201740 CR 24, December 25, 2017, effective 1/14/201841 CR 08, April 25, 2018, effective 5/15/201841 CR 11, June 10, 2018, effective 6/30/201841 CR 17, September 10, 2018, effective 9/30/201841 CR 23, December 10, 2018, effective 12/30/201842 CR 06, March 25, 2019, effective 4/14/201942 CR 24, December 25, 2019, effective 1/14/202043 CR 12, June 25, 2020, effective 5/22/202043 CR 12, June 25, 2020, effective 7/16/202043 CR 19, October 10, 2020, effective 9/17/202043 CR 18, September 25, 2020, effective 10/15/202043 CR 23, December 10, 2020, effective 11/4/202043 CR 20, October 25, 2020, effective 11/15/202043 CR 22, November 25, 2020, effective 12/16/202043 CR 23, December 10, 2020, effective 12/30/202044 CR 01, January 10, 2021, effective 1/30/202144 CR 03, February 10, 2021, effective 3/2/202144 CR 15, August 10, 2021, effective 8/31/202144 CR 22, November 25, 2021, effective 12/15/202145 CR 05, March 10, 2022, effective 3/30/202245 CR 24, December 25, 2022, effective 1/14/202346 CR 01, January 10, 2023, effective 1/30/202345 CR 22, November 25, 2022, effective 1/31/202346 CR 05, March 10, 2023, effective 4/3/202347 CR 23, December 10, 2024, effective 12/31/2024