N.Y. Comp. Codes R. & Regs. tit. 15 § 134.14

Current through Register Vol. 46, No. 25, June 18, 2024

Section 134.14 - Fees

Article 21 provides for the establishment of a schedule of fees to be paid by or on behalf of each participant in the program, which fees shall defray the ongoing expenses of the program.

(a) This fee shall consist of two parts:

(1) that portion of the fee necessary to defray the administrative costs of the Department of Motor Vehicles in administering the program, which shall be paid by the applicant to the department at the time he makes application for acceptance in a rehabilitation program; and

(2) that portion of the fee required for enrollment in a program which shall be paid by the applicant prior to entry into the program to the entity authorized by the department to conduct a rehabilitation program. Such fee shall not be refundable unless the person is denied enrollment in the program upon his application. Moreover, no portion of the fee shall be refundable by reason of the participant's withdrawal or expulsion from the program.

(b) Except as provided in subdivisions (c) and (d) of this section, the total fee for a rehabilitation program shall not exceed $315. Seventy-five dollars of any such total fee shall represent the reimbursement of costs for administrative expenses incurred by the Department of Motor Vehicles and sentencing courts. A participant in the program shall not be required to pay the $75 fee to the department if such participant held a conditional license pending prosecution under section 134.18 of this Part, if such conditional license was not revoked, and such conditional license was issued as the result of the same violation on which participation in such program is based. The commissioner may require that up to $20 of the total fee for a rehabilitation program shall be used for reimbursement of costs for curriculum enhancements to be developed by the Department of Motor Vehicles and/or a third party authorized by the department. If the commissioner so requires, written notification of such requirement shall be sent to all rehabilitation programs, and such portion of the fee shall be paid by the program directly to such authorized third party.

(c) A participant in a program who transfers to another program shall pay to the new program a fee of $25, plus $10 for each session remaining to be completed in the new program.

(d) A participant who has previously withdrawn from a program and subsequently reenters such program shall pay a reenrollment fee of $50 to the program.

(e) Each program shall submit an annual fiscal report and an annual statistical report, on a form prescribed by the commissioner. Such reports shall be filed with the department no later than April 30th in the year following the calendar year to which it pertains.

(f) In addition to the fees established in the preceding subdivisions of this section, there may be an additional charge for extended alcohol or drug rehabilitative activities to which any defendant is referred by the program administrator as part of the rehabilitation program.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.14

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016