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The ORP was established  by the General Assembly in 1993 and codified in Section 14-111g GCS of Title 14. Since the session of the legislature, the program requirements have been modified and expanded as a result of several amendments to Section 14-111g. The following is a summary of the terms of the original, enabling legislation and the subsequent amendments.

The Committee should be aware of the terms of the legislation for the ORP, as outlined, are permissive and do not impose a mandatory duty on the Commissioner. In other words, the Commissioner has discretion to determine whether or not the ORP should be conducted.

In addition, it should be noted that under 1993 enabling legislation, and thereafter, DMV has been authorized to adopt regulations to implement the program. The regulations that govern the administration, scope, standards and procedures of the ORP were approved by the Regulations Review Committee on October 25, 2002.

Following is a summary of the sections of the Regulations of Connecticut State Agencies that govern the Operator's Retraining Program.

Section 14-111g-1. Definitions

• Establishes the applicable definitions and terms of the ORP.

Sections 14-111g-2. Operator Retraining Program

• Restates the statutory age categories and offense thresholds for participation in the program;
• Authorizes the Commissioner to, permissively, send a warning letter advising a driver that a subsequent conviction of a moving violation or suspension violation will require participation in the ORP;
• Requires the operator to repeat participation in the program for each additional program related offense, after meeting the age/threshold requirements, that appears on the agency's driving history record; and
• Authorizes the Commissioner to suspend the operator's license for failure to successfully complete or attend the program until the operator successfully completes the program.

Section 14-111g3. Operator Retraining Program. Content

• Creates the general category parameters for the program's curriculum content;
• Stipulates that the class must be at least four (4) hours of classroom training;
• Requires that all parts of classroom instruction must be in the physical presence of the operators; and
• Program classes must be conducted by a certified provider and by an approved instructor.

Section 14-111g-4. Certification of Program Providers

• Permissively establishes Commissioner's authority to certify one or more program providers to conduct the program;
• Requires a provider applicant to submit an application to the Commissioner, permits the Commissioner to reject an application, or renewal of such certification, and requires written notification of the denial;
• Establishes the minimum criteria for program provider certification:
  - Permanent place of business in Connecticut where all program related records are to be maintained;
  - File and maintenance of $100,000 surety bond;
  - Registered to do business in Connecticut, and maintain good standing with the Office of the Secretary of State;
  - Biennially demonstrate compliance with all applicable federal, state and local tax obligations;
  - Submit detailed curriculum and lesson plan for the Commissioner's approval;
  - Identify all program instructors (and their respective qualifications) and biennially submit their names and qualifications, be responsible for the instructor's conduct, and identify all the ORP related facilities and classes, and demonstrate compliance with all applicable governmental regulations/codes;
  - Furnish and maintain multiple program classrooms located throughout the state for the customers' convenience; and
  - Comply with the ADA law, the Governor's Executive Orders, and state and federal privacy laws.
• Requires commissioner to check, prior to provider certification, the provider's character, criminal records (if any), and driving history records;
• Clarifies that Provider's certification is non-transferable, is valid for a two-year period (re-certification is at the discretion of the Commissioner), and may be suspended or revoked, subject to UAPA provisions, for failure to comply with the program's regulations;
• Mandates providers, upon certification, to maintain complete program related records, allow the state inspection of said program records, and submit a copy of the provider's standard contract with customers; and
• Requires provider to maintain operable condition of the classrooms, allow for language interpreters, and state access to classrooms for monitoring/oversight purposes.

Section 14-111g-5. Change in Location

• Prohibits the moving of classroom locations without prior approval by Commissioner;
• Requires provider to notify Commissioner, within five days, of a business office location change; and
• Requires five day notification if business location and/or classroom location is discontinued.

Section 14-111g-6. Change in Curriculum

• Prohibits any change in provider's and/or approved instructors' curriculum and lesson plan without Commissioner's prior approval.

Section 14-111g-7. Approval of Instructors

• Requires Commissioner to approve instructors for the teaching of the program, and as such, to review the instructor's character (criminal records, driving history record);
• Applicant must complete a certified provider's thirty (30) hour retraining course and generally details the instructor's course content. The thirty hour (30) course must, at a minimum, be comprised of:
  - Identification of problem driving attitudes and behaviors;
  - Development of appropriate motor vehicle operation driving attitudes and behaviors;
  - Recognition of highway and operating risk factors;
  - Motor vehicle operation strategies that seek the prevention of future moving or suspension violations;
  - Effects of alcohol and drug use on motor vehicle operation; and
  - Connecticut's motor vehicle operation laws and any applicable motor vehicle operator regulations.
• Stipulates on a biennial basis, approved instructors must compete an additional three (3) hour retraining course.

Section 14-111g-8. Fees

• Specifies the provider can not charge any fee beyond that authorized by the statutory;
• Permits provider to request payment of fee prior to class instruction;
• Provides for $10.00 of the statutory ORP fee to be remitted by the provider to DMV for costs associated with the agency's administrative program related expenses; requires fee to be sent concurrently with notification of ORP class completion; requires that no pending license suspension shall be rescinded, nor any license restored, until the Commissioner is satisfied that all fees which are due have been received and accounted for;
• Permits Commissioner to suspend or revoke a provider's certification, in accordance with the UAPA, if they fail to submit fees, or if they are late in submitting program class attendance/completion data.

Section 14-111g-9. Notice to Operators

• Permissively authorizes the Commissioner to send a notice of program participation within a sixty (60) day time-frame;
• Allows the Commissioner to extend, for good cause, the time for completion of the program;
• Allows the Commissioner to permit an operator to attend an equivalent program in another jurisdiction;
• Requires the recording, for three-years, of successful program completion on the driver's official driving history record; and
• Requires provider to present to each operator a class completion certificate, and defines minimum content of certificate.

Section 14-111g-10. Enrollment

• Enrollment for the ORP is to be made directly with the provider;
• Provide timely notification of class cancellation; and
• Limits the size of the class to forty (40) students.

Section 14-111g-11. Records to Be Maintained. Attendance

• Stipulates that the provider maintain in its files program related information as required by the Commissioner, for a three year period.

Section 14-111g-12. Request for Hearings

• Requires Commissioner to suspend license of operator for failure to attend or successfully complete program;
• Provides for hearing process, in accordance with the UAPA, and stays the suspension until a hearing decision is rendered; and
• Sets issues for hearing officer's decision.

Section 14-111g-13. Provider Indemnification

• Provides for indemnification of the state by the provider;
• Requires provider to be solely responsible for customer complaints and claims; and
• Requires provider to maintain a public liability policy in the amount of not less than two (2) million dollars.

Section 14-111g-14. Miscellaneous

• Requires provider to positively identify each operator attending the program; and
• Sets the conditions for the provider to deny admission to the ORP, and requires than any such denial by the provider be treated as a failure to complete the ORP.