1 Colo. Code Regs. § 204-30-12
Current through Register Vol. 47, No. 11, June 10, 2024
Rule 1 CCR 204-30-12 - ENROLLMENT IN LEVEL II ALCOHOL AND DRUG EDUCATION AND TREATMENT PROGRAMSSECTION 1.AUTHORITYBasis, 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.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 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 SERVICES3.1 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.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 4/3/2023