9867 Notice of Completion Certificates Copy

(a) When the DUI program determines that a participant has completed all program requirements and has paid all program fees, the DUI program shall electronically submit the completion certificate to the Department of Motor Vehicles, or complete, by typewriter or by printing in ink, a Notice of Completion Certificate (Form DL 101, Revised 7/2006).

(1) The Notice of Completion Certificate shall have a unique, pre-printed number, assigned by the Department of Motor Vehicles, and shall be completed pursuant to Title 13, California Code of Regulations, Section 120.00.

(2) The program director may sign the Notice of Completion Certificate or designate employees to sign pursuant to Section 120.00 of Title 13.

(A) If the program director authorizes a designee to sign a Notice of Completion Certificate on his/her behalf, the DUI program shall retain in its files a copy of the written authorization.

(B) The Notice of Completion Certificate shall not be signed until the individual signing has verified that the participant has completed all program services and paid all program fees assessed in accordance with Section 9878.

(3) The DUI program may charge a fee for issuing a Notice of Completion Certificate. The DUI program may charge the amount established by the Department of Motor Vehicles. If there are additional costs for preparation, the DUI program may submit a request for a general program fee increase in accordance with Section 9878(c).

(b) The DUI program may withhold the Notice of Completion Certificate in accordance with Section 9878(i) until the participant has paid in full his/her assessed program fee and any additional fees.

(c) The DUI program shall maintain a program log, typed or printed in ink, to record the receipt, issuance, and/or other disposition of each numbered Notice of Completion Certificate. At the DUI program’s option this program log may be in electronic format if a certificate is issued electronically. The log shall contain, at a minimum, the information listed in subdivision (g)(5).

Note – Hard copy DL 101 instructions see section (d) through (f) (3).

(g) Within ten days after the date that a participant completes all program services and has paid his/her assessed program fee and any additional fees, the DUI program shall:

(1) Issue the original Notice of Completion Certificate in the name of the participant and immediately submit it to the Department of Motor Vehicles pursuant to Section 120.00 of Title 13.

(2) Provide the court copy to the court of conviction (if the participant was referred by the court and the court requires a copy);

(3) Provide the participant copy to the participant. If the DUI program electronically transmits the Notice of Completion Certificate directly to the Department of Motor Vehicles, or provide a receipt to the participant;

(4) Retain the program copy of the Notice of Completion Certificate in the participant’s record; and

(5) Enter the following information into the program log in sequential order by printed Notice of Completion Certificate number or by the number assigned by the Department of Motor Vehicles if submitted electronically to the DMV.

Note – Log instructions in section (g) (5) (A) through (F).

(h) If the Department of Motor Vehicles copy of a Notice of Completion Certificate has been lost or destroyed, the DUI program shall issue a duplicate Notice of Completion Certificate to the Department of Motor Vehicles under the following circumstances:

(1) A duplicate Notice of Completion Certificate shall be issued only by the DUI program that issued the original Notice of Completion Certificate;

(2) Before issuing the duplicate Notice of Completion Certificate, the DUI program shall verify from its records that the participant actually completed all program services;

(3) The DUI program shall type or print the words “duplicate Notice of Completion Certificate” and the number of the original Notice of Completion Certificate on the top of all copies of the duplicate Notice of Completion Certificate;

(4) The DUI program may charge the participant a fee for issuing a duplicate Notice of Completion Certificate to the Department of Motor Vehicles on behalf of the participant. The DUI program may charge the cost of the notice established by the Department of Motor Vehicles. If there are additional costs for preparation, the DUI program may submit a request for a general program fee increase in accordance with Section 9878(c).

Note – Receiving hard copy DL 101 instructions section (i).

(j) The DUI program shall issue a Notice of Completion Certificate only for participants who have completed all program requirements, including payment in full of program fees, contained in Article 1 (commencing with Section 9848), Subchapter 3 of this Chapter.

(k) The DUI program shall issue a Notice of Completion Certificate only for the type of program specified on the license issued by the Department.

(l) The licensee shall not sell or transfer Notice of Completion Certificate to another DUI program or to any other entity.

Note – Missing hard copy Dl 101 instructions section (m) through (p).

(q) The DUI program shall post a notice in a prominent location in the program reception area, informing program participants and staff that soliciting or accepting a bribe, or selling a Notice of Completion Certificate, is illegal and punishable by law.

(r) The Department may initiate administrative action pursuant to Section 9834 to suspend or revoke the license of any DUI program who is found responsible for the sale of a Notice of Completion Certificate or whose failure to exercise diligence to control, track, and document the issuance of a Notice of Completion Certificate has contributed to the sale of a Notice of Completion Certificate. The DUI program may appeal such administrative action pursuant to Section 9836 and the provisions of Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code.