Chapter DHS 62

DHS 62.09 Note Note: Form MV 3631, Driver Safety Plan Report can be obtained by mailing or faxing a completed form DT1435 to: Maps and Publications Sales, Department of Transportation, P.O. Box 7713, Madison, WI 53707-7713. Fax number 608-246-5632. Form DT1435 may be obtained at http://www.dot.wisconsin.gov/drivers/forms/dt1435.doc.

DHS 62.09(2) (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.

DHS 62.09(3) (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:

DHS 62.09(3)(a) (a) The client does not give written consent to the driver safety plan.

DHS 62.09(3)(b) (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.

DHS 62.09(3)(c) (c) The client does not accept driver safety plan programs by not attending or not cooperating.

DHS 62.09(3)(d) (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.

DHS 62.09(3)(e) (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.

DHS 62.09(3)(f) (f) The client does not pay the driver safety plan fee required under s. DHS 62.11.

DHS 62.09(4) (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.

DHS 62.09(5) (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.

DHS 62.09(6) (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.

DHS 62.09 History History: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06.

DHS 62.10 DHS 62.10 Client responsibilities.

DHS 62.10(1) (1) An individual who has been ordered by the court or by the Wisconsin department of transportation for an assessment and driver safety plan shall register with the assessment facility within 72 hours after the date of the court order or order of the Wisconsin department of transportation.

DHS 62.10(2) (2) The client shall register with the driver safety plan provider within 3 working days after the date of the client’s signature on the driver safety plan.

DHS 62.10(3) (3) 

DHS 62.10(3)(a) (a) The client shall pay the fees required by an assessment facility and driver safety plan provider.

DHS 62.10(3)(b) (b) If a client elects to receive driver safety plan services from a plan provider other than a driver safety plan provider designated to serve the board’s geographic area under s. DHS 62.04 (1) and (2), the client is responsible for the full cost of services.

DHS 62.10(4) (4) If a driver safety plan is being developed for a client who voluntarily submitted for an assessment prior to conviction and the assessment finding is one of the findings that is described in s. DHS 62.07 (4) (b) 3. to 5., the client shall comply with the recommended driver safety plan.

DHS 62.10(5) (5) Wisconsin residents convicted of driving under the influence in another state shall comply with the assessment and driver safety plan requirements of the state or jurisdiction of conviction provided the requirements are comparable to the requirements set forth in this chapter.

DHS 62.10 History History: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06.

DHS 62.11 DHS 62.11 Fees.

DHS 62.11(1) (1) A client is required to pay a reasonable fee for an assessment or driver safety plan program to the appropriate agency. A client may be allowed to pay the assessment fee in 1, 2, 3, or 4 equal installments before an assessment is conducted. The fee for driver safety plan programs may be reduced or waived if the person is unable to pay the entire fee, but no fee for assessment, attendance at a traffic safety school or attendance at an alternative education program may be reduced or waived.

DHS 62.11(2) (2) Each client shall be informed of the fee policies of each assessment facility and each driver safety plan provider. Information provided to the client shall include whether the client is liable for the full cost of the services or whether the client may be eligible for reduced costs according to the client’s ability to pay and the conditions of eligibility for reduced fees.

DHS 62.11 Note Note: Nothing in this chapter prevents an assessment facility from charging reasonable fees to recoup costs.

DHS 62.11 History History: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06.

DHS 62.12 DHS 62.12 Conflict of interest guidelines.

DHS 62.12(1) (1) 

DHS 62.12(1)(a) (a) An assessment facility may not also be a client’s driver safety plan provider unless at least one of the following conditions applies:

DHS 62.12(1)(a)1. 1. The board operates or contracts for both assessment and treatment programming from the same agency and there are limited resources in the area.

DHS 62.12(1)(a)2. 2. The board does not thereby duplicate or support duplication of established and approved programs.

DHS 62.12(1)(a)3. 3. The board would be forced to dismantle existing programming or fire personnel to effect separate facilities.

DHS 62.12(1)(a)4. 4. The board desires to support client choice and not exclude any provider.

DHS 62.12(1)(b) (b) Paragraph (a) does not prohibit development of programming where appropriate programming is not available.

DHS 62.12(2) (2) An assessment facility that provides both assessment and driver safety plan services shall give each client a list of driver safety plan providers in compliance with s. DHS 62.07 (6) (a) and (b).

DHS 62.12 History History: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06.

DHS 62.13 DHS 62.13 Confidentiality of client records.

DHS 62.13(1) (1) Confidentiality. Confidentiality of clients’ records shall be consistent with all applicable state and federal laws.

DHS 62.13(2) (2) Informed consent. No assessment or driver safety plan, compliance report or any other report related to a client may be shared with a court without the informed, written consent of the client.

DHS 62.13 History History: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06.

DHS 62.14 DHS 62.14 Client rights.

DHS 62.14(1) (1) Any client may file a grievance under ch. DHS 94 or s. 51.61, Stats., if the client believes that the client rights specified under ch. DHS 94 or s. 51.61, Stats., have been violated.

DHS 62.14(2) (2) If a client files a grievance under ch. DHS 94 or s. 51.61, Stats., the grievance review and resolution process does not change the timelines or reports of compliance or noncompliance specified in s. DHS 62.07, 62.08, or 62.09 to complete the assessment and driver safety plan and the department of transportation notification of compliance or noncompliance.

DHS 62.14 History History: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06; corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 62.15 DHS 62.15 Appeals.

DHS 62.15(1) (1) Appeals during assessment and development of the driver safety plan recommendation.

DHS 62.15(1)(a) (a) A client who does not agree with an assessment finding or with driver safety plan recommendations is encouraged to discuss the assessment findings and recommended plan with the client’s assessor at any time during the assessment process to provide additional information or clarification. If disagreement still exists, the client may appeal the assessment findings or driver safety plan to the director of the assessment facility or designee or if the assessment facility is a board, to the designated coordinator, in writing within 5 working days of receipt of the assessment finding and driver safety plan. If the director, designee or designated coordinator determines that the assessment findings and driver safety plan are substantially correct, the client shall be given written notification that the client may appeal the determination to the board within 5 working days of receipt of the determination.

DHS 62.15(1)(b) (b) The client shall be informed of the client’s right to undergo another assessment at another assessment facility at his or her own expense. The client shall be informed that the designated coordinator or designee of the county of residence will review the results of the alternate assessment and determine the assessment finding and driver safety plan recommendation within 5 working days after receiving the information. If the client chooses to undergo another assessment, the original assessment facility shall obtain releases and forward the assessment findings and driver safety plan recommendations, and other relevant clinical information to the alternate assessment facility with instructions that the facility not submit a report of noncompliance required under ss. DHS 62.08 and 62.09 to the Wisconsin department of transportation.

DHS 62.15(1)(c) (c) Appeals shall be processed according to written agency procedures that will result in a timely, complete, and impartial review and decision.

DHS 62.15(2) (2) Appeals during treatment.

DHS 62.15(2)(a) (a) A client under a treatment-oriented driver safety plan who believes that the individualized treatment plan developed under s. 51.45 (9) (d), Stats., is inappropriate and refuses to consent or withdraws consent to treatment may request the client’s counselor or case manager in the treatment agency to review and consider an amendment to the treatment plan. If a conflict still exists, the client may appeal to the treatment agency director or designee in writing within 5 working days of the client requested review. If the director deems it appropriate, the client may be reassigned to a different counselor or case manager.

DHS 62.15(2)(b) (b) If the treatment agency director or designee determines that the individualized plan is appropriate and a revision is not warranted, the client shall be given written notice of the client’s right to appeal this decision to the board of the client’s county of residence within 5 working days of receipt of written notice. The client shall be informed that the designated coordinator or designee will determine whether an amendment to the individualized treatment plan is indicated. The client’s records shall be reviewed according to the review procedures established by that board or the department.

DHS 62.15(2)(c) (c) The assessment facility or board may seek the advice of and consult with the department for any appeal in which the client remains dissatisfied with the appeal outcome after all local appeal procedures have been completed.

DHS 62.15(2)(d) (d) After all appeal procedures have been completed, the assessment facility shall submit a report of noncompliance to the department of transportation as required under s. DHS 62.09.

DHS 62.15(2)(e) (e) Appeals shall be processed according to written agency procedures for the review of client treatment plan objectives, activities, and progress by the director or designee and that will result in a timely, complete, and impartial review and decision.

DHS 62.15(3) (3) Review of noncompliance report. The client shall be informed that he or she may request Wisconsin department of transportation review of the noncompliance report within 10 days of license suspension or revocation.

DHS 62.15 History History: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06.

DHS 62.16 DHS 62.16 Funding for services. To support the provision of services under this chapter, the department shall distribute emergency funds authorized under s. 20.435 (5) (hy), Stats., and surcharge revenues authorized under ss. 20.435 (5) (hy) and 346.655, Stats., by an allocation process developed in consultation with county representatives.

DHS 62.16 History History: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06; corrections made under s. 13.92 (4) (b) 7., Stats., Register July 2011, No. 667.