Sec. 14-111g-1 Definitions
As used in sections 14-111g-1 to 14-111g-14, inclusive, the following terms
shall have the following meanings:
(1) "Commissioner" means the Commissioner of Motor Vehicles or his designee;
(2) "Department" means the Department of Motor Vehicles;
(3) "Moving violation" means a conviction for a motor vehicle violation of
section 14-218a, 14-219, 14-222, 14-223, 14-230 to 14-249, inclusive, 14-279,
14-289b, 14-299, 14-301, 14-302, or 14-303 of the Connecticut General Statutes,
which conviction appears on the driving history of an operator maintained by the
department. A conviction of more than one moving violation resulting from the
same incident shall be counted as a single moving violation;
(4) "Operator’s license" means a valid license or permit to operate a motor
vehicle issued by the department;
(5) "Operator's privilege” means the nonresident motor vehicle operator's
privilege granted to a licensed resident of another state, province or country
under the provisions of subsection (a) of section 14-39 of the Connecticut
General Statutes;
(6) "Rescind” means an official action taken by the department that withdraws a
pending operator’s license or privilege suspension due to the operator’s
compliance with the department's requirements prior to the effective date of the
operator’s license or privilege suspension;
(7) "Restoration” or “restore” means an official action taken by the department
that reinstates an operator’s license or privilege due to compliance with the
department's requirements and with subsection (a) of section 14-50b of the
Connecticut General Statutes;
187
(8) ”State” means the State of Connecticut;
(9) ”Suspension” means the temporary withdrawal of a motor vehicle operator’s
license or operator's privilege until compliance is attained;
(10) ”Suspension violation” means a conviction for a motor vehicle violation of
section 14-222a, 14-224, subsection (a) of section 14-227a, section 53a-56b,
53a-57 or 53a-60d of the Connecticut General Statutes, which conviction appears
on the driving history of an operator maintained by the department. A conviction
of more than one suspension violation resulting from the same incident shall be
counted as a single suspension violation.
Sec. 14-111g-2. Operator retraining program
(a) The Commissioner may require any motor vehicle operator older than
twenty-four (24) years of age on the date convicted of a third moving violation,
suspension violation, or a combination of both, as appearing on such operator’s
official driving history as maintained by the Commissioner, to attend and
successfully complete an operator retraining program as provided in section
14-111g-3 of the Regulations of Connecticut State Agencies.
(b) The Commissioner may require any motor vehicle operator twenty-four (24)
years of age or less on the date convicted of a second moving violation,
suspension violation, or a combination of both, as appearing on such operator’s
official driving history as maintained by the Commissioner, to attend and
successfully complete an operator retraining program as provided in section
14-111g-3 of the Regulations of Connecticut State Agencies.
(c) The Commissioner may send a warning letter to a motor vehicle operator older
than twenty-four (24) years of age who has been convicted of moving violations
or suspension violations or a combination of both, committed on two separate
occasions, or in the case of an operator twenty-four (24) years of age or less
who has been convicted of a single moving violation or suspension violation,
advising such operator that a subsequent conviction of a moving violation or
suspension violation will require participation in the operator retraining
program.
(d) Following an operator’s successful completion of the operator retraining
program, each additional conviction for either a moving violation or suspension
violation, which appears on the operator’s official driving history as
maintained by the Commissioner and places the operator above the number of
convictions stipulated in section 14-111g-2(a) of the Regulations of Connecticut
State Agencies for an operator over twenty-four (24) years of age, or as
stipulated in section 14-111g-2(b) of the Regulations of Connecticut State
Agencies for an operator who is twenty-four (24) years of age or less, will
require the operator to repeat the operator retraining program.
(e) Failure to attend or successfully complete the operator retraining program
shall result in suspension of the operator’s license until the operator
successfully completes the program.
Sec. 14-111g-3. Operator retraining program. Content
(a) The operator retraining program shall consist of at least four (4) hours of
classroom training, which shall review principles of motor vehicle operation,
develop alternative attitudes for those attitudes contributing to aggressive
driving behavior, and emphasize the need to practice safe driving behavior. The
curriculum and course content shall provide comprehensive training encompassing
the following topics:
(1) Appropriate driving attitudes and behaviors;
(2) The effects of alcohol and drug use on motor vehicle operation; and
(3) Recognition of highway and operator risk factors.
(b) All parts of the operator retraining program shall be conducted by the
instructor in the physical presence of the operators and all operators
shall be required to attend class for the total scheduled time of the program.
(c) All parts of operator retraining classes shall be conducted only by
certified program providers and by instructors approved by the Commissioner.
Sec. 14-111g-4. Certification of program providers
(a) On and after the effective date of sections 14-111g-1 to 14-111g-14,
inclusive, of the Regulations of Connecticut State Agencies, the Commissioner
may certify one or more program providers to conduct an operator retraining
program. For convenience of administration, the Commissioner may determine the
number of certified providers needed.
(b) In order to be certified, a provider shall submit an application, in
writing, to the Commissioner, in such form and containing such information as
the Commissioner shall require. No fee shall be required for such application.
The Commissioner may deny an application for certification as a provider, or
renewal of such certification, to conduct an operator retraining program for any
reason or cause he deems sufficient. A denial shall be communicated in writing
and mailed to the applicant.
(c) Each provider certified shall, at a minimum, meet the following criteria:
(1) The provider shall have a permanent place of business in this state, where
all operator retraining program records are to be maintained and accessible to
the Commissioner, during normal business hours;
(2) The provider shall file and continuously maintain a surety bond in the
amount of one hundred thousand dollars ($100,000). Such bond shall be
conditioned upon the provider complying with the provisions of any state or
federal law or regulation relating to the conduct of any operator retraining
program and provided as indemnity for any loss or expense sustained by either
the state or any person by reason of any acts or omissions of the provider. Such
bond shall be executed in the name of the State of Connecticut for the benefit
of any aggrieved party, but the penalty of the bond shall not be invoked except
upon order of the Commissioner after a hearing is held before him in accordance
with the provisions of chapter 54 of the Connecticut General Statutes;
(3) The provider shall be registered to do business in the State of Connecticut
and be in good standing with the Office of the Secretary of State, and shall
continuously maintain such status;
(4) The provider shall biennially demonstrate to the Commissioner its compliance
with all federal, state and local tax obligations;
(5)The provider shall submit a detailed curriculum and a lesson plan which shall
be utilized in each operator retraining class and any amendments to such
materials, for approval by the Commissioner;
(6)The provider shall identify all classroom locations and facilities in which
the operator retraining program is to be conducted. The provider shall
demonstrate compliance with all governmental zoning, health, safety and fire
code requirements for each classroom location and each location shall be subject
to inspection by the Commissioner, upon written notice, at any reasonable time;
(7) The provider shall furnish and maintain, for the convenience and
accessibility of motor vehicle operators, multiple operator retraining program
classrooms located throughout the state, and shall allow each operator to attend
the program at a location which is geographically convenient for such operator;
(8) The provider shall comply with all applicable provisions of the Americans
with Disabilities Act, Title 42, United States Code, section 12101, et seq., as
amended;
(9) The provider shall comply with all nondiscrimination and affirmative action
provisions as required by sections 4a-60 and 4a-60a of the Connecticut General
Statutes, as amended, and with Executive Order Numbers 3 and 17 of Governor
Thomas J. Meskill, and Executive Order Number 16 of Governor John G. Rowland;
(10) The provider shall agree not to disclose any personal information, as
defined in section 14-10 of the Connecticut General Statutes, obtained from any
motor vehicle operator or from the department, except to the department, or as
approved and directed by the Commissioner;
(11) The provider shall identify all operator retraining program instructors and
the instructors’ qualifications. A current roster of instructors shall be
continuously maintained on forms approved by the Commissioner at the provider’s
permanent place of business and shall be available for inspection. Biennially,
the provider shall submit the names and qualifications of each instructor for
review and approval by the Commissioner;
(12) Each provider shall be responsible for the conduct and content of
instruction provided by its instructors, and for maintaining the required
curriculum and professional standards during the program.
(d) Prior to the certification of a provider, the Commissioner shall investigate
the provider’s character, driving history and criminal history. The provider
shall submit to the Commissioner a certified driving history and any information
pertaining to a criminal or civil action(s).
(e) The certification of a provider shall not be transferable.
(f) The certification of a provider by the Commissioner shall be valid for a
two-year period. Re-certification of a provider shall be at the discretion of
the Commissioner in such form and manner as the Commissioner may determine.
(g) The certification of a provider may be suspended or revoked by the
Commissioner for failure to comply with the requirements of sections 14-111g-1
through 14-111g-14, inclusive, of the Regulations of Connecticut State Agencies.
In the event of such occurrence, the provider shall receive a suspension or
revocation notice and may request an administrative hearing, in accordance with
the provisions of chapter 54 of the Connecticut General Statutes.
(h) Upon certification by the Commissioner, a provider shall, at minimum, comply
with the following requirements:
(1) The provider shall maintain complete records of persons who attend the
operator retraining program, and provide complete data to the department
concerning all persons who have successfully completed the operator retraining
program, and separately, data for those who have failed to successfully complete
the program, at regular intervals as determined by the Commissioner.
Determination of successful completion of the program shall be within the
discretion of the assigned instructor.
(2) No portion of the operator retraining program shall be sub-contracted (or
otherwise delegated) by a certified provider to a person or firm which is not
certified as a provider.
(3) A provider shall submit to the Commissioner a copy of its contract with
operators to provide operator retraining and a copy of the receipt, certificate
or other document issued by the provider upon successful completion of the
operator retraining program. Copies of any changes or alterations to such
documents shall be forwarded to the Commissioner within five (5) days.
(i) Each classroom shall be a clean, suitably furnished and equipped facility
where the program may be presented in privacy without interruption or
distraction.
(j) The provider shall allow language interpreters in the classroom for any
operator who is in need of assistance and has informed the provider of such need
at the time of enrollment.
(k) The provider shall allow the Commissioner or his designee access to any
scheduled operator retraining program class, for the purpose of monitoring
compliance or any other aspect of oversight of the provider’s performance.
(l) The provider shall agree that the state shall have the right to inspect and
review any and all of the provider’s documents and records of any kind and
contained in any format or media pertaining to its performance of the operator
retraining program, upon reasonable notice. Additionally, the provider shall
agree that the aforementioned records shall be subject to periodic on-site
inspection by a representative of the Commissioner.
Sec. 14-111g-5. Change in location
(a) No classroom of a certified provider may be moved to a new location without
prior approval of the Commissioner. No facility shall be approved until the
Commissioner is satisfied that the new location meets all of the provisions
listed in subsections (c)(6) and (c)(7) of section 14-111g-4 of the Regulations
of Connecticut State Agencies. Any change in the location of the business office
of a provider shall be reported to the Commissioner within five (5) days.
(b) Should a provider discontinue use of a business office or classroom
location, the provider shall notify the Commissioner within five (5) business
days.
Sec. 14-111g-6. Change in curriculum
(a) No deviation in the curriculum and lesson plan approved by the Commissioner,
as provided for in subsection (c)(5) of section 14-111g-4 of the Regulations of
Connecticut State Agencies, shall be made by the provider or by any of its
approved instructors, without the prior approval of the Commissioner. The
Commissioner may require amendments or adjustments to the curriculum as deemed
advisable or appropriate.
(NEW) Sec. 14-111g-7. Approval of instructors
(a) Each instructor who provides any portion of an operator retraining program
shall be approved by the Commissioner to teach operator training in this State,
and shall have completed course work, of length and of content approved by the
Commissioner, specifically related to operator retraining.
(b) The Commissioner shall not approve any applicant as an instructor of an
operator retraining program who has not successfully completed a certified
provider’s operator retraining program course which consists of, at a minimum,
thirty (30) hours and which includes, at a minimum, the following course
content:
(1) Identification of problem driving attitudes and behaviors;
(2) Development of appropriate motor vehicle operation driving attitudes and
behaviors;
(3) Recognition of highway and operating risk factors;
(4) Motor vehicle operation strategies which seek the prevention of future
moving or suspension violations;
(5) The effects of alcohol and drug use on motor vehicle operation; and
(6) Connecticut’s motor vehicle operation laws and any applicable motor vehicle
operation regulations.
(c) Prior to approval of an instructor, the Commissioner shall review the
applicant’s character, driving history and criminal record. The instructor
applicant shall submit a certified driving history and information pertaining to
any criminal convictions on forms provided by the Commissioner.
(d) Each instructor, in order to maintain the Commissioner’s approval, shall
successfully complete an additional program of operator retraining instruction
biennially, consisting of not less than three (3) hours, as shall be specified
by the Commissioner.
Sec. 14-111g-8. Fees
(a) The provider shall not charge any fee beyond that authorized by section
14-111g of the Connecticut General Statutes.
(b) A provider may require that the fee be paid prior to enrollment of an
operator in a retraining program. No operator who has enrolled in an operator
retraining program class and has prepaid the fee shall be denied admission to
the class without just cause as specified in subsection (b) of section
14-111g-14 of the Regulations of Connecticut State Agencies.
(c) Subsequent to receipt of approval by the Office of Policy and Management, ten
dollars ($10.00) of each fee charged by each provider shall be forwarded by the
provider to the department to cover administrative expenses as provided in
subsection (b) of section 14-111g of the Connecticut General Statutes. This
portion of the fee shall be submitted by the provider concurrent with
notification of completion of the operator retraining program by each operator.
No pending suspension of an operator’s license or operator's privilege shall be
rescinded, nor shall any operator's license or privilege that has been suspended
be restored, until the Commissioner is satisfied that all fees which are due
have been received and accounted for. Payment shall be made in such form and
manner as determined by the Commissioner.
(d) The Commissioner may suspend or revoke any provider’s certification for the
provider’s failure to submit fees or late submission of fees, or for its failure
to submit the data concerning class attendance and completion described in
subsection (h)(1) of section 14-111g-4 of the Regulations of Connecticut State
Agencies. In the event of such occurrence, the provider shall receive a
suspension or revocation notice and may request an administrative hearing, in
accordance with the provisions of chapter 54 of the Connecticut General
Statutes.
Sec. 14-111g-9. Notice to operators
(a) Upon receipt of reliable information that an operator over twenty-four (24)
years of age has been convicted of a moving violation, a suspension violation or
a combination of both committed on at least three (3) separate occasions, or in
the case of an operator twenty-four (24) years of age or less who has been
convicted of a moving violation, a suspension violation, or a combination of
both committed on at least two separate occasions, the Commissioner may send a
notice, in writing, to such operator, by bulk certified mail to the operator’s
address of record on the files of the department, informing the operator that he
or she is required to attend an operator retraining program within sixty (60)
days, and that failure to successfully complete such operator retraining program
within that time shall result in suspension of the operator’s license or
privilege until all requirements for restoration are attained. The notice shall
contain sufficient information to enable the operator to contact a certified
provider and to arrange to enroll in the operator retraining program.
(b) The Commissioner, for good cause shown, may extend the time for completion
of an operator retraining program, upon a written request, or may permit the
operator to attend and successfully complete an equivalent operator retraining
program in another state or province or an operator retraining course given by a
branch of the armed forces. The determination of equivalency shall be made by
the Commissioner in his discretion.
(c) Successful completion of an operator retraining program shall be noted on the
operator’s driving history as maintained by the department for a period of three
(3) years. Each certified provider shall present to the operator, upon
successful completion of an operator retraining program and without an
additional fee, a certificate of completion which shall include, at a minimum,
the operator’s name, residence address, and mailing address (if different), date
of birth, license number, the date and location of the successful completion of
the operator retraining
program, the name of the certified provider, and the name of the approved
instructor.
Sec. 14-111g-10. Enrollment
(a) Enrollment in an operator retraining program shall be made directly with a
certified provider by the operator.
(b) The provider shall give timely notification to all persons enrolled for a
scheduled retraining class if, for any reason or cause, the class shall not be
held at the time or place specified. Such notification of the postponement or
cancellation of any class also shall be provided to the department. Each
operator retraining class shall be limited to approximately twenty-five (25) and
in no event more than forty (40) attendees. The provider shall not conduct a
retraining class in any facility or classroom where the number of persons in
attendance exceeds the lawful capacity, as specified in the applicable fire and
safety code.
Sec. 14-111g-11. Records to be maintained. Attendance
(a) Each certified provider shall maintain in its files information requested by
the Commissioner, including the name, residence address, mailing address (if
different), date of birth, telephone number and operator’s license number, for
each person enrolled in a operator retraining program; the identity of the
approved instructor; and the location and date of the operator retraining
program attended. Each provider shall submit to the department such information
at such intervals and in such form as shall be directed by the Commissioner.
(b )The information in subsection (a) shall be maintained by each provider for
three (3) years following the date of each completed operator retraining program
class.
Sec. 14-111g-12. Request for hearing. Issues. Stay
(a) If an operator, who has been required by the Commissioner to complete an
operator retraining program, does not attend or does not successfully complete
the operator retraining program before the effective date of a suspension, the
Commissioner shall suspend the operator’s license or operator's privilege on the
effective date stated in the department notice of a suspension.
(b) An operator subject to suspension action under subsection (a) may request an
administrative hearing in accordance with the provisions of Chapter 54 and
section 14-111g of the Connecticut General Statutes.
(c) Upon request for a hearing, the suspension of the operator’s license or
operator's privilege shall be stayed pending the decision of the hearing
officer.
(d) Each hearing held pursuant to this section shall be limited to the
determination of the following issues:
(1) Whether it is impossible for the operator to attend an operator retraining
program;
(2) Whether there is a mistake or misidentification of the operator; or
(3) Whether the conviction(s) appearing in the official driving history as
maintained by the department are not attributable to the operator, or are
otherwise inaccurate.
(e) Unless the hearing officer finds in the affirmative on one or more of the
stated issues, the hearing officer shall order that the suspension be imposed
and remain in effect until the operator complies with the requirements of
section 14-111g of the Connecticut General Statutes and section 14-111g-2 of the
Regulations of Connecticut State Agencies.
Sec. 14-111g-13. Provider Indemnification
(a) Each provider shall agree that the department, and any official or employee
of the department or the state shall not be responsible for any errors,
omissions, or discrepancies in the information furnished to the
provider. Each provider shall agree to defend, indemnify and save harmless the
department and its officials and employees of the department and the state from
any and all claims and suits, and from any liability of any kind whatsoever
arising or alleged to arise out of the provider’s performance of any aspect of
the operator retraining program.
(b) Each provider shall agree to be solely responsible for the handling and
disposition of complaints and claims made by operators or by any other parties
arising out of any aspect of performance of the operator retraining program.
(c) For the purpose of its compliance with subsections (a) and (b), each
provider shall maintain a policy or policies of public liability insurance, and
such other forms of insurance as may be necessary, in the amount of not less
than two million dollars, combined single limit, which policy or policies shall
name the department and the state as additional parties. Satisfactory evidence
of such insurance coverage shall be furnished to the department.
Sec. 14-111g-14. Miscellaneous
(a) Each provider shall require positive identification from each operator
attending an operator retraining program.
(b) Nothing in sections 14-111g-1 through 14-111g-14, inclusive, of the
Regulations of Connecticut State Agencies shall prohibit a provider from denying
admission to the program, or to any portion thereof, if the operator is unruly,
disruptive or under the influence of drugs or alcohol. A denial of admission
under such circumstances shall be treated as a failure to complete the program.
(Effective October 25, 2002)
