Okla. Admin. Code § 40:50-3-2

Current through Vol. 42, No. 6, December 2, 2024

Section 40:50-3-2 - [Effective until 9/14/2025] Application - eligibility - enrollment

(a) A person seeking enrollment into BOT IDAP shall apply on a form approved by the Director and at such time of application shall also submit a copy of the Oklahoma Order of Revocation or a copy of the Oklahoma Impaired Driving Affidavit pertaining to the person's arrest. Applicants whose driving privileges are otherwise ineligible shall not be enrolled in BOT IDAP and shall be directed to consult his/her driver licensing authority for assistance. Enrollment into BOT IDAP does not grant driving privileges and shall not be construed to authorize the person to drive unless the person is otherwise eligible to drive. Any person subject to driver license revocation for an impaired driving arrest occurring on or after November 1, 2022 may enroll pursuant to this section, if eligible. BOT IDAP is available for Class D driving privileges only.

(b) Fully enrolling in BOT IDAP consists of:

(1) Payment of the program fee to the Board; and

(2) Presentation or reporting* (using the online enrollment portal) of an Ignition Interlock Installation reflecting an Oklahoma approved device with camera is currently installed on the vehicle the participant will operate; and

(3) Presentation of the signed "BOT IDAP Participant's Agreement" or acknowledgment and agreement using the online enrollment portal.

(c) The commencement date of the participant's program shall be the day all of the following conditions are satisfied:

(1) The Board receives all documents and fees meeting BOT IDAP enrollment criteria; and

(2) No earlier than the date of interlock installation and arrest date for the offense requiring completion of BOT IDAP. Prior interlock program days shall not be credited toward a subsequent program period.

(d) Multiple program periods shall run consecutively.

(e) Participants may enroll in more than one (1) BOT IDAP. A participant must complete the program in which they are currently enrolled before commencing any subsequent program period. In no instance will a participant's credit for time in one (1) BOT IDAP be credited toward any other BOT IDAP.

(f) The BOT IDAP participant agreement shall be signed or acknowledged using the online enrollment portal by the participant and shall include the following information:

(1) The participant's first and last name; and

(2) Participant's driver license number; and

(3) Participant's program length requirement and

(4) The list of Ignition Interlock violations and criteria for program completion or failure as defined by the Board; and

(5) An explanation of the consequences of violations of the Ignition Interlock program;and

(6) The date upon which the BOT IDAP Participant Agreement was signed; and

(7) Participant's signature or online enrollment portal acknowledgment.

(g) A confirmation of enrollment form approved by the Director shall be delivered to the participant via his/her preferred contact method upon fully enrolling. It is the participant's responsibility to provide his/her preferred contact method.

Okla. Admin. Code § 40:50-3-2

Added at 40 Ok Reg 235, eff 11/1/2022 (emergency); Added at 40 Ok Reg 841, eff 8/11/2023; Amended at 42 Ok Reg, Number 4, effective 10/7/2024 (emergency)

Amended by Oklahoma Register, Volume 42, Issue 4, November 1, 2024, eff. 11/1/2024, exp. 9/14/2025 (Emergency)