Florida Regulations 15A-10.041: Denial, Suspension or Revocation of a DUI Program License or Personnel Certification
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(1) The Department is authorized to deny an application for an original or renewal of a DUI program license or personnel certification for any of the following:
(a) Failure to satisfy the required qualifications as provided in Fl. Admin. Code Chapter 15A-10
(b) Failure to submit a complete application form including supporting documentation following notification of any deficiency.
(c) A violation of Fl. Admin. Code Chapter 15A-10
(d) Providing DUI program services without a valid license or certification.
(e) Current abuse of alcohol or other drugs by an applicant for certification.
(f) Prior revocation of such license or certification by the Department.
(g) Refusal to comply with the application procedures required by these rules following notification of any deficiency.
(2) The Department is authorized to suspend any DUI program license or personnel certification for any of the following:
(a) A violation of any state or Federal law applicable to the operation of a DUI program.
(b) Conviction for an alcohol or drug related offense of a DUI program manager or certified personnel unless the program takes action to ensure that program services are not adversely affected.
(c) Any violation of Fl. Admin. Code Chapter 15A-10
(d) Mental incapacitation of the DUI program manager or certified personnel.
(e) Current abuse of alcohol or other drugs by certified personnel.
(f) Refusal to provide any documentation or information requested by the Department.
(3) The Department is authorized to revoke a DUI program license or personnel certification for any of the following:
(a) A violation of any state or Federal law applicable to the operation of a DUI program.
(b) Any second or subsequent suspension of a DUI program license or personnel certification.
(c) Obtaining a DUI program license or personnel certification by fraud or misrepresentation.
(d) Obtaining or assisting a person to obtain a drivers license by fraudulent means.
(e) Providing DUI program services while the DUI program license or personnel certification is under suspension.
(4) Suspension, decertification or revocation shall become effective on the date indicated by the Department’s order.
(5) If the Department finds that immediate serious danger to the public health, safety, or welfare exists, the Department is authorized to summarily suspend the license of any DUI program or any personnel certification without preliminary hearing pursuant to Florida Statutes § 120.60(6)
(6) Any DUI program license or personnel certification which is suspended or revoked must be surrendered to the Department upon request.
(7) Except as otherwise provided in this rule, prior to final Department action denying, suspending, or revoking a DUI program license or personnel certification, the DUI program or person shall have the opportunity to request a formal or informal administrative hearing to show cause why the action should not be taken.
(8) Any individual who is currently enrolled and has not completed a DUI course or service program which is subsequently suspended shall receive a refund from the program, less the state assessment fee, and the individual shall have the opportunity to secure the services at another licensed program. The state assessment fee shall not be repaid in this situation.
Rulemaking Authority 322.02, 322.292 FS. Law Implemented 120.57, 120.60, 322.292 FS. History-New 1-4-95, Amended 3-4-97.
Terms Used In Florida Regulations 15A-10.041
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
(b) Failure to submit a complete application form including supporting documentation following notification of any deficiency.
(c) A violation of Fl. Admin. Code Chapter 15A-10
(d) Providing DUI program services without a valid license or certification.
(e) Current abuse of alcohol or other drugs by an applicant for certification.
(f) Prior revocation of such license or certification by the Department.
(g) Refusal to comply with the application procedures required by these rules following notification of any deficiency.
(2) The Department is authorized to suspend any DUI program license or personnel certification for any of the following:
(a) A violation of any state or Federal law applicable to the operation of a DUI program.
(b) Conviction for an alcohol or drug related offense of a DUI program manager or certified personnel unless the program takes action to ensure that program services are not adversely affected.
(c) Any violation of Fl. Admin. Code Chapter 15A-10
(d) Mental incapacitation of the DUI program manager or certified personnel.
(e) Current abuse of alcohol or other drugs by certified personnel.
(f) Refusal to provide any documentation or information requested by the Department.
(3) The Department is authorized to revoke a DUI program license or personnel certification for any of the following:
(a) A violation of any state or Federal law applicable to the operation of a DUI program.
(b) Any second or subsequent suspension of a DUI program license or personnel certification.
(c) Obtaining a DUI program license or personnel certification by fraud or misrepresentation.
(d) Obtaining or assisting a person to obtain a drivers license by fraudulent means.
(e) Providing DUI program services while the DUI program license or personnel certification is under suspension.
(4) Suspension, decertification or revocation shall become effective on the date indicated by the Department’s order.
(5) If the Department finds that immediate serious danger to the public health, safety, or welfare exists, the Department is authorized to summarily suspend the license of any DUI program or any personnel certification without preliminary hearing pursuant to Florida Statutes § 120.60(6)
(6) Any DUI program license or personnel certification which is suspended or revoked must be surrendered to the Department upon request.
(7) Except as otherwise provided in this rule, prior to final Department action denying, suspending, or revoking a DUI program license or personnel certification, the DUI program or person shall have the opportunity to request a formal or informal administrative hearing to show cause why the action should not be taken.
(8) Any individual who is currently enrolled and has not completed a DUI course or service program which is subsequently suspended shall receive a refund from the program, less the state assessment fee, and the individual shall have the opportunity to secure the services at another licensed program. The state assessment fee shall not be repaid in this situation.
Rulemaking Authority 322.02, 322.292 FS. Law Implemented 120.57, 120.60, 322.292 FS. History-New 1-4-95, Amended 3-4-97.