Section 11837.5 Of Chapter 9. Services To Persons Convicted For Driving While Under The Influence Of Alcohol And Other Drugs From California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 9.
11837.5
. (a) No person may participate in any program that has not
been licensed by the department pursuant to this chapter.
(b) The department shall charge reasonable fees for licensing
driving-under-the-influence programs. The department shall set the
fees in an amount sufficient to cover all administrative costs
incurred by the department and to reimburse the Department of Motor
Vehicles for the costs of the evaluation and report required by
Section 9 of Senate Bill 1344 of the 1989-90 Regular Session.
(c) The department may fine a provider who is delinquent in the
payment of licensing fees. The department shall deposit fines
collected from delinquent providers in the
Driving-Under-the-Influence Program Licensing Trust Fund, and the
revenues from the fines shall be used, upon appropriation, to offset
costs incurred by the department in the administration of the program
and to reimburse the Department of Motor Vehicles for the costs of
the evaluation and report required by Section 9 of Senate Bill 1344
of the 1989-90 Regular Session.
(d) If a program fails to pay licensing fees or assessed fines,
the department may deny an initial license or revoke an existing
license.
(e) There is established in the State Treasury a
Driving-Under-the-Influence Program Licensing Trust Fund. All fees,
fines, and penalties collected from driving-under-the-influence
programs shall be deposited in this fund. The money in the fund shall
be available when appropriated by the Legislature.
(f) The department shall prepare a report on the assets,
liabilities, and balance in the Driving-Under-the-Influence Program
Licensing Trust Fund when the department increases program licensing
fees. The report shall also include an itemized statement of income
and expenses for the trust fund since the last report. The department
shall submit the report to the Legislature and shall furnish a copy
of the report, upon request, to any provider of a
driving-under-the-influence program.
(g) Licensing fees shall be evaluated annually and based on the
department's projected costs for the forthcoming fiscal year. Any
excess fees remaining in the Driving-Under-the-Influence Program
Licensing Trust Fund at the close of the fiscal year shall be carried
forward and taken into consideration in establishment of fees for
the subsequent fiscal year. If the department proposes to increase
the licensing fees, the department shall justify the increase to the
Legislature by showing that sufficient assets are not currently
available in the Driving-Under-the-Influence Program Licensing Trust
Fund and that current licensing fee collections are not sufficient to
support current or planned expenses of the department for
driving-under-the-influence program licensing activities.
(h) Licensing fee collection procedures, which include the
assessment of fines for delinquent fee payments, shall be defined in
regulations adopted pursuant to this chapter.