Section 62.15. Appeals.

 

(1)   Appeals during assessment and development of the driver safety plan recommendation.

(a) A client who does not agree with an assessment finding or with driver safety plan recommendations is encouraged to discuss the assessment findings and recommended plan with the client's assessor at any time during the assessment process to provide additional information or clarification. If disagreement still exists, the client may appeal the assessment findings or driver safety plan to the director of the assessment facility or designee or if the assessment facility is a board, to the designated coordinator, in writing within 5 working days of receipt of the assessment finding and driver safety plan. If the director, designee or designated coordinator determines that the assessment findings and driver safety plan are substantially correct, the client shall be given written notification that the client may appeal the determination to the board within 5 working days of receipt of the determination.

(b) The client shall be informed of the client's right to undergo another assessment at another assessment facility at his or her own expense. The client shall be informed that the designated coordinator or designee of the county of residence will review the results of the alternate assessment and determine the assessment finding and driver safety plan recommendation within 5 working days after receiving the information. If the client chooses to undergo another assessment, the original assessment facility shall obtain releases and forward the assessment findings and driver safety plan recommendations, and other relevant clinical information to the alternate assessment facility with instructions that the facility not submit a report of noncompliance required under ss. DHS 62.08 and 62.09 to the Wisconsin department of transportation.

(c) Appeals shall be processed according to written agency procedures that will result in a timely, complete, and impartial review and decision.

(2)   Appeals during treatment.

(a) A client under a treatment-oriented driver safety plan who believes that the individualized treatment plan developed under s. 51.45 (9) (d) , Stats., is inappropriate and refuses to consent or withdraws consent to treatment may request the client's counselor or case manager in the treatment agency to review and consider an amendment to the treatment plan. If a conflict still exists, the client may appeal to the treatment agency director or designee in writing within 5 working days of the client requested review. If the director deems it appropriate, the client may be reassigned to a different counselor or case manager.

(b) If the treatment agency director or designee determines that the individualized plan is appropriate and a revision is not warranted, the client shall be given written notice of the client's right to appeal this decision to the board of the client's county of residence within 5 working days of receipt of written notice. The client shall be informed that the designated coordinator or designee will determine whether an amendment to the individualized treatment plan is indicated. The client's records shall be reviewed according to the review procedures established by that board or the department.

(c) The assessment facility or board may seek the advice of and consult with the department for any appeal in which the client remains dissatisfied with the appeal outcome after all local appeal procedures have been completed.

(d) After all appeal procedures have been completed, the assessment facility shall submit a report of noncompliance to the department of transportation as required under s. DHS 62.09 .

(e) Appeals shall be processed according to written agency procedures for the review of client treatment plan objectives, activities, and progress by the director or designee and that will result in a timely, complete, and impartial review and decision.

(3)   Review of noncompliance report. The client shall be informed that he or she may request Wisconsin department of transportation review of the noncompliance report within 10 days of license suspension or revocation.

History: CR 06-035 : cr. Register, November 2006, No. 611 , eff. 12-1-06.