§ 94.6. AHSS approval; revocation and refusal of approval.
(a) General requirement. Prior to the operation of an AHSS, the DUI program coordinator or the coordinator’s designee shall apply to the Department or its designee, for a letter of approval for each AHSS in the county, multicounty judicial district, or group of counties combined under a single DUI program.
(1) An AHSS which is fully operational on December 9, 2006, shall be permitted 12 months from that date to obtain a letter of approval.
(2) An AHSS must comply with all of the requirements of this chapter to receive a letter of approval. Failure to comply will result in notification to the appropriate court officials, including the president judge and the court administrator, of the failure to comply.
(3) Application for a letter of approval shall be made using forms and procedures prescribed by the Department or its designee.
(b) Expiration of approval. The approval of an AHSS will expire 24 months from the date of issuance of the approval letter, unless a request to renew a letter of approval is filed by the DUI program coordinator or the coordinator’s designee 6 months prior to the lapse.
(c) Entry and inspection. The Department or its designee, will have the right to enter upon the premises and inspect an AHSS at any time for the purpose of determining compliance with this chapter.
(1) The AHSS shall retain attendance rolls, student test records and instructor qualification records for 5 years.
(2) The Department will have access to all records of the AHSS, including other student records provided that disclosure of those records to the Department is not precluded by order of court or applicable laws such as those providing for the confidentiality of medical information.
(d) Revocation or refusal. The Department or its designee may, by written notification to the AHSS, revoke or refuse to issue a letter of approval to operate an AHSS for any of the following:
(1) Failure to comply with any provision of this chapter.
(2) Failure to comply with a directive issued by the Department or its designee following an onsite inspection of an AHSS.
(3) Failure to comply with a directive issued by the Department or its designee as a condition of approval or renewal of a letter of approval.
(e) Corrective measures. Each county, multicounty judicial district, or group of counties combined under a single DUI program shall have 6 months to satisfy directives or conditions issued by the Department or its designee to meet approval to operate an AHSS.
(f) No operation without approval. An AHSS may not operate without a currently valid letter of approval from the Department, except as specified in this section or as otherwise directed, in writing, by the Department.
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