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. (a) The department shall have the sole authority to issue,
deny, suspend, or revoke the license of a driving-under-the-influence
program. As used in this chapter, "program" means any firm,
partnership, association, corporation, local governmental entity,
agency, or place that has been initially recommended by the county
board of supervisors, subject to any limitation imposed pursuant to
subdivisions (c) and (d), and that is subsequently licensed by the
department to provide alcohol or drug recovery services in that
county to any of the following:
(1) A person whose license to drive has been administratively
suspended or revoked for, or who is convicted of, a violation of
Section 23152 or 23153 of the Vehicle Code, and admitted to a program
pursuant to Section 13352, 13352.1, 23538, 23542, 23548, 23552,
23556, 23562, or 23568 of the Vehicle Code.
(2) A person who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of the Harbors and Navigation Code,
or of Section 655.4 of that code, and admitted to the program
pursuant to Section 668 of that code.
(3) A person who has pled guilty or nolo contendere to a charge of
a violation of Section 23103 of the Vehicle Code, under the
conditions set forth in subdivision (c) of Section 23103.5 of the
Vehicle Code, and who has been admitted to the program under
subdivision (e) or (f) of Section 23103.5 of the Vehicle Code.
(4) A person whose license has been suspended, revoked, or delayed
due to a violation of Section 23140, and who has been admitted to a
program under Article 2 (commencing with Section 23502) of Chapter 1
of Division 11.5 of the Vehicle Code.
(b) If a firm, partnership, corporation, association, local
government entity, agency, or place has, or is applying for, more
than one license, the department shall treat each licensed program,
or each program seeking licensure, as belonging to a separate firm,
partnership, corporation, association, local government entity,
agency, or place for the purposes of this chapter.
(c) For purposes of providing recommendations to the department
pursuant to subdivision (a), a county board of supervisors may limit
its recommendations to those programs that provide services for
persons convicted of a first driving-under-the-influence offense, or
services to those persons convicted of a second or subsequent
driving-under-the-influence offense, or both services. If a county
board of supervisors fails to provide recommendations, the department
shall determine the program or programs to be licensed in that
county.
(d) After determining a need, a county board of supervisors may
also place one or more limitations on the services to be provided by
a driving-under-the-influence program or the area the program may
operate within the county, when it initially recommends a program to
the department pursuant to subdivision (a).
(1) For purposes of this subdivision, a board of supervisors may
restrict a program for those convicted of a first
driving-under-the-influence offense to providing only a three-month
program, or may restrict a program to those convicted of a second or
subsequent driving-under-the-influence offense to providing only an
18-month program, as a condition of its recommendation.
(2) A board of supervisors may not place restrictions on a program
that would violate a statute or regulation.
(3) When recommending a program, if a board of supervisors fails
to place any limitation on a program pursuant to this subdivision,
the department may license that program to provide any
driving-under-the-influence program services that are allowed by law
within that county.
(4) This subdivision is intended to apply only to the initial
recommendation to the department for licensure of a program by the
county. It is not intended to affect a license that has been
previously issued by the department or the renewal of a license for a
driving-under-the-influence program. In counties where a contract or
other written agreement is currently in effect between the county
and a licensed driving-under-the-influence program operating in that
county, this subdivision is not intended to alter the terms of that
relationship or the renewal of that relationship.