Wis. Admin. Code DHS § DHS 62.09

Current through October 28, 2024
Section DHS 62.09 - Compliance and non compliance reporting for driver safety plans
(1) The assessment facility shall report a client's compliance or noncompliance with a driver safety plan to the Wisconsin department of transportation; the driver safety plan provider; and the client using form MV 3631, Driver Safety Plan Report. A report of a client's compliance or noncompliance with a driver safety plan may not be further distributed.

Note: Form MV 3631, Driver Safety Plan Report can be obtained by mailing or faxing a completed form DT 1435 to: Maps and Publications Sales, Department of Transportation, P.O. Box 7713, Madison, WI 53707-7713. Fax number 608-246-5632. Form DT 1435 may be obtained at http://www.dot.wisconsin.gov/drivers/forms/dt1435.doc.

(2) The assessment facility shall notify the client of their status of noncompliance with a driver safety plan at least 5 working days before submission of the final report to the Wisconsin department of transportation. The notice shall specify how the client did not comply.
(3) Except for participation in self-help groups, the report submitted by the assessment facility under sub. (1) shall be a report of noncompliance if any of the following circumstances occur:
(a) The client does not give written consent to the driver safety plan.
(b) The client does not register with the driver safety plan provider within 3 working days after the assessment or does not participate within a reasonable period of time.
(c) The client does not accept driver safety plan programs by not attending or not cooperating.
(d) The client does not show reasonable progress in completing the driver safety plan according to the goals set out in the individualized treatment plan or the criteria for successful completion of an alternative education program.
(e) The client does not complete the driver safety plan within the documented driver safety plan period and no later than one year after the original assessment, or reassessment, or an extension granted by the Wisconsin department of transportation.
(f) The client does not pay the driver safety plan fee required under s. DHS 62.11.
(4) The designated coordinator or department-designated staff may approve submission of a noncompliance report to the Wisconsin department of transportation during an appeal process under s. DHS 62.15(2) only if there is documented evidence that the client's use of alcohol, controlled substances, or any combination of alcohol and drugs is an impediment to the client's safe driving capability.
(5) Driver safety plan providers that are not traffic safety schools shall report a client's progress to the referring assessment facility and the client on a form provided by the assessment facility.
(6) For driver safety plans recommending only traffic safety school, the traffic safety school shall submit the reports of compliance and noncompliance to the Wisconsin department of transportation; the referring assessment facility; and the client. The report's use shall be restricted to these parties.

Wis. Admin. Code Department of Health Services DHS 62.09

CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06.