§ 10:162-5.7. Revocation of affiliation

§ 10:162-5.7.  Revocation of affiliation

 (a) The Intoxicated Driving Program shall revoke the affiliation agreements of treatment agencies who do not meet the requirements of this chapter.

   (b) Upon receipt of a notification or allegation of a violation of law, rule or affiliation agreement, the Intoxicated Driving Program shall conduct an investigation either independently, or in concert with the applicable Intoxicated Driver Resource Center(s).

   (c) The Intoxicated Driving Program and/or the Intoxicated Driver Resource Center may suspend the affiliation of an agency or provider pending the outcome of an investigation and review if the Intoxicated Driver Resource Center and/or the Intoxicated Driving Program conclude that a violation of law, regulation or the affiliation agreement may have occurred, that client health, well being or safety are, or have been threatened, that a crime may have been committed or that the integrity of the driver license restoration process may have been breached. The suspension shall remain in effect pending the final result of administrative and judicial appeals of the resulting revocation.

   (d) The agency or provider shall be notified by the Intoxicated Driving Program, in writing, of the reasons for the proposed revocation, and suspension if applicable, and be offered an opportunity to respond to the Chief of the Intoxicated Driving Program in writing within 30 days of the written notice, and to be heard no later than 45 days from date of the written notice.

   (e) If, following the agency's or provider's response and hearing, the Intoxicated Driving Program finds that a violation of law, rule and/or the affiliation agreement has occurred, or that client health, well-being or safety are or have been threatened, or that a crime has been committed or may have been committed, or that the integrity of the driver license restoration process has been breached, the Intoxicated Driving Program shall revoke the affiliation of the relevant agency or provider.

   (f) An agency or provider whose affiliation is revoked by the Intoxicated Driving Program shall be accorded all applicable rights of judicial appeal.

   (g) The Intoxicated Driving Program and/or the Intoxicated Driver Resource Center shall report breaches of law, regulation or the affiliation agreement to the relevant regulatory and law enforcement agencies, as appropriate.

   (h) An agency or provider whose affiliation has been revoked may apply for reaffiliation no earlier than one year from the date of the final administrative or judicial confirmation of revocation, whichever is later.