§ 14-227f Alcohol and drug addiction treatment program Waiver Appeal Regulations
§ 14-227f. Alcohol and drug addiction treatment program. Waiver. Appeal. Regulations
This section repealed by 2011, P.A. 11-48, § 307, effective Jan. 1, 2012, and by 2011, P.A. 11-51, § 224, effective Jan. 1, 2012..
(a) Any person whose motor vehicle operator's license or nonresident operating privilege is suspended under subsection (g) of section 14-227a for a conviction of a violation of subsection (a) of said section or under section 14-227b for a second or subsequent time shall participate in a treatment program which includes an assessment of the degree of alcohol abuse and treatment, as appropriate, approved by the Commissioner of Motor Vehicles. The commissioner shall not reinstate the operator's license or nonresident operating privilege of any such person until such person submits evidence to the commissioner that such person has complied with the requirements of this section. Any person whose certificate is suspended or revoked pursuant to section 15-132a, 15-133, 15-140l or 15-140n shall participate in such treatment program.
(b) The treatment program shall be designed by the commissioner, with the advice and assistance of the Motor Vehicle Operator's License Medical Advisory Board established pursuant to section 14-46b, any state agency or any other public or private entity engaged in the provision of responsible services for the treatment of alcohol and drug addiction as the commissioner may request. The program shall consist of intensive treatment and a phase of continuing aftercare supervision and monitoring on an individual basis. The program may be provided by one or more private organizations approved by the commissioner which meet qualifications established by him, provided the entire costs of the program shall be paid from fees charged to the participants, the amounts of which shall be subject to the approval of the commissioner.
(c) Upon receipt of notification from the commissioner of the requirement to participate in the program, such person may petition the commissioner in writing for a waiver of such requirement on the following grounds: (1) The petitioner is presently undergoing a substantial treatment program for alcohol or drug addiction, or has completed such a program subsequent to such person's most recent arrest, either as a result of an order of the Superior Court or on a voluntary basis, and (2) the petitioner does not, in the opinion of a licensed physician, physician assistant licensed pursuant to chapter 370 [FN1] or advanced practice registered nurse licensed pursuant to chapter 378, [FN2] based upon a personal examination, have a current addiction problem which affects such person's ability to operate a motor vehicle in a safe manner. In reviewing and determining whether to grant any such petition, the commissioner shall request and give due consideration to the advice of the Motor Vehicle Operator's License Medical Advisory Board. Any person aggrieved by the decision of the commissioner may appeal such decision in accordance with the provisions of chapter 54. [FN3]
(d) The commissioner shall adopt regulations in accordance with chapter 54 to implement the provisions of this section.
[FN1] C.G.S.A. § 20-8 et seq.
[FN2] C.G.S.A. § 20-87 et seq.
[FN3] C.G.S.A. § 4-166 et seq.