N.Y. Comp. Codes R. & Regs. tit. 15 § 134.10

Current through Register Vol. 46, No. 51, December 18, 2024

Section 134.10 - Completion of a rehabilitation program

(a) Requirements for satisfactory completion of a rehabilitation program. In order for a person to satisfactorily complete a rehabilitation program, he must have paid all necessary fees and have attended and actively participated in all segments of such rehabilitation program as required by the department, including completion of extended participation upon the recommendation of the appropriate officials.

(b) Results of satisfactory completion of a rehabilitation program. Upon satisfactory completion of a program, any unexpired suspension or revocation which was issued as a result of the conviction for which the person was eligible for enrollment in the program may be terminated by the commissioner unless the termination is prohibited under section 1193 of the Vehicle and Traffic Law or this Subchapter, or if the termination is based upon enrollment in the program pursuant to the plea bargaining provisions of Vehicle and Traffic Law, section 1192(10)(a)(ii) and 1192(10)(d), or if such person would not otherwise be eligible for enrollment in the program pursuant to section 1196(4) of such law, or if the person has two or more alcohol- or drug-related driving convictions or incidents within the 25 year look back period from the date of the violation which resulted in enrollment in the program. For the purposes of this subdivision, the 25 year look back period means the period commencing upon the date that is 25 years before the date of the violation that resulted in enrollment in the program and ending on and including the date of such violation.

(c) Failure to satisfactorily complete a rehabilitation program. If a person fails to satisfactorily complete a rehabilitation program, in addition to revocation of any conditional license which may be held by such person, the suspension or revocation of such person's unconditional driver's license will be reinstated for the full period of such suspension or revocation, unless such full period has already been effectively served. Such person may apply for reentry into the rehabilitation program. A conditional license may only be issued upon the first such reentry. Although second and subsequent reentries may be permitted, a conditional license will not be reissued in such cases.

(d) Appeals. Appeals from decisions of treatment or program personnel regarding an individual's participation or treatment shall be directed to the program director. If said director is unable to resolve the matter, such appeals shall be directed to the Division of Driver Licensing. If said division is unable to resolve the matter, such appeals shall be sent to the commissioner who shall make a determination. Prior to making a determination the commissioner may consult with experts in the field of alcoholism and rehabilitation and any other appropriate agencies.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.10