Oklahoma § 43A-3-460 Driver license revocation - Certification of alcohol

Oklahoma Statutes

§ 43A-3-460 — Driver license revocation - Certification of alcohol

Oklahoma § 43A-3-460

Title 43AMental Health

This text of Oklahoma § 43A-3-460 (Driver license revocation - Certification of alcohol) is published on Counsel Stack Legal Research, covering Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Okla. Stat. tit. 43A, § 43A-3-460 (2026).

Text

and drug assessment personnel - Application and assessment fees.

A.The Department of Mental Health and Substance Abuse Services shall certify assessment personnel for the purpose of conducting alcohol and drug assessment and evaluation programs related to driver license revocation.

B.Application fees for certification of assessment personnel shall be set by the Department to defray the costs of administering the program and shall be: 1. Not less than One Hundred Dollars ($100.00) and not more than Two Hundred Dollars ($200.00) upon initial application; and 2. Not less than Twenty-five Dollars ($25.00) and not more than One Hundred Fifty Dollars ($150.00) upon triennial renewal.

C.The fee for those undergoing an assessment and evaluation pursuant to this section shall be One Hundred Sixt

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and drug assessment personnel - Application and assessment fees. A. The Department of Mental Health and Substance Abuse Services shall certify assessment personnel for the purpose of conducting alcohol and drug assessment and evaluation programs related to driver license revocation. B. Application fees for certification of assessment personnel shall be set by the Department to defray the costs of administering the program and shall be: 1. Not less than One Hundred Dollars ($100.00) and not more than Two Hundred Dollars ($200.00) upon initial application; and 2. Not less than Twenty-five Dollars ($25.00) and not more than One Hundred Fifty Dollars ($150.00) upon triennial renewal. C. The fee for those undergoing an assessment and evaluation pursuant to this section shall be One Hundred Sixty Dollars ($160.00). A fee of Fifteen Dollars ($15.00) shall be remitted by the individual undergoing an assessment and evaluation directly to the Department of Public Safety pursuant to Section 6-212 of Title 47 of the Oklahoma Statutes. 1. The Department of Public Safety shall remit ninety percent (90%) of the fifteen-dollar fee collected pursuant to this section to the State Treasurer to be credited to the Community-based Substance Abuse Revolving Fund in the State Treasury and shall be used by the Department of Mental Health and Substance Abuse Services. 2. Ten percent (10%) of each fifteen-dollar fee collected by the Department of Public Safety pursuant to this section shall be deposited into the Department of Public Safety Restricted Revolving Fund, as created in Section 2-145 of Title 47 of the Oklahoma Statutes, to be used for administrative costs associated with the duties imposed by this section. D. The Board of Mental Health and Substance Abuse Services is authorized to promulgate such rules as are necessary to implement the provisions of Section 3-451 et seq. of this title. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification. E. The Director of the Office of Management and Enterprise Services shall transfer any unobligated monies generated by the fees in subsection C of this section, deposited before November 1, 2005, from the Department of Mental Health and Substance Abuse Services Revolving Fund to the Community-based Substance Abuse Revolving Fund, in amounts calculated by the Department. F. No alcohol or drug assessment personnel shall operate or continue to operate as such unless the alcohol or drug assessment personnel comply with the rules promulgated by the Board and are certified as required by this section.

Legislative History

Added by Laws 2001, c. 186, § 11, eff. Nov. 1, 2001. Amended by Laws 2003, c. 46, § 23, emerg. eff. April 8, 2003; Laws 2005, c. 195, § 23, eff. Nov. 1, 2005; Laws 2007, c. 130, § 8, eff. Nov. 1, 2007; Laws 2008, c. 401, § 10, eff. Nov. 1, 2008; Laws 2010, c. 287, § 23, eff. Nov. 1, 2010; Laws 2012, c. 283, § 1, eff. July 1, 2012; Laws 2012, c. 304, § 152. §43a-3-460.1. Performing alcohol and drug assessments without certification - Injunction. A. The Attorney General, the Department of Mental Health and Substance Abuse Services, or the district attorney of the appropriate district court may bring an action in a court of competent jurisdiction for an injunction against any agency or individual for performing alcohol and drug assessments without appropriate certification by the Department of Mental Health and Substance Abuse Services or for a violation of any order or determination of the Department. B. In any action for an injunction brought pursuant to this section, any findings of the Department, after hearing and due process, shall be prima facie evidence of the facts found therein. C. The district court for the county where the facility is located has jurisdiction to determine the action, to grant the necessary injunctive relief and to award attorney’s fees to the prevailing party. Added by Laws 2004, c. 113, § 13, eff. Nov. 1, 2004.