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DLRS Home >Office of Substance Abuse > Chapter 2 Driver Education and Evaluation Programs Procedure Manual > Section H

Community Services Programs

Office of Substance Abuse - Chapter 2 Driver Education and Evaluation Programs Procedure Manual - Section H - Client's right to a second opinion

1. Any DEEP client who contests the results of an alcohol or other drug evaluation may request a second opinion evaluation by contacting the Driver Education and Evaluation Programs (DEEP). DEEP shall give the client the names and addresses of other approved community-based service providers. The client may then arrange for a second opinion evaluation to be conducted by a different community-based service provider provided that the client has informed the first evaluator that he/she intends to seek a second opinion. DEEP will forward the appropriate paperwork to the chosen community-based service provider. The second opinion evaluation shall be conducted in accordance with Section E and other appropriate sections of these regulations. The client shall be informed of the process required for a second opinion evaluation.

  1. If the finding of the second opinion evaluation agrees with the finding of the first evaluation, the client shall be required to complete the treatment regimen prescribed by the first evaluator before he or she will have satisfactorily completed DEEP.
  2. If the finding of the second opinion evaluation disagrees with the finding of the first evaluation, the Director will review the results of both evaluations and issue a conclusive finding on the basis of the two evaluation findings. The Director will communicate his finding to the client and to both community-based service providers within fifteen (15) working days from the date of receipt of the documentation required to complete the review. If the Director's finding is positive, he will give the client the names and addresses of community-based service providers who are approved to provide the type of treatment services required. The client may then choose the community-based service provider of the required treatment services.
  3. If the Director's decision results in a negative finding the Director will notify the client, both community-based service providers, and the Secretary of State, Bureau of Motor Vehicle, Division of Driver Licensing Services.
  4. Any time the client disagrees with the results of the administrative review and conclusive finding issued by the Director, he/she may appeal the results as described in Section I.

2. Any DEEP client who contests the completion of treatment decision as a result of referral to treatment from the Moving Ahead or Risk Reduction Program may request a second opinion evaluation by contacting the Driver Education and Evaluation Programs (DEEP). DEEP shall give the client the names and addresses of at least three other approved community-based service providers. The client may then arrange for a second opinion evaluation to be conducted by a different community-based service provider. DEEP will forward the appropriate paperwork to the chosen community-based service provider. The second opinion evaluation shall be conducted in accordance with Section E and other appropriate sections of these regulations. The client shall be informed of the process required for a second opinion evaluation.

  1. If the finding of the second opinion evaluation agrees with the first opinion conducted by the community-based service provider, the client shall be required to complete the treatment regimen prescribed by the first community-based service provider before he or she will have satisfactorily completed the DEEP.
  2. If the finding of the second opinion evaluation disagrees with the finding of the first opinion, the Director will review the results of both opinions and issue a conclusive finding on the basis of the two completions of treatment findings. The Director will communicate his finding to the client and to both community-based service providers within fifteen (15) working days from the date of receipt of the documentation required to complete the review. If the Director's finding is positive, the client will be required to complete the treatment regimen as prescribed by the first community-based service provider. The client will be referred back to the first community-based service provider.
  3. If the treatment is found to have been completed according to Satisfactory Completion of Treatment, Section A, the Director will notify the client, both community-based service providers, and the Secretary of State, Bureau of Motor Vehicle, Division of Driver Licensing Services.
  4. Any time the client disagrees with the results of the administrative review and conclusive finding issued by the Director, he/she may appeal the results as described in Section I.