4. Further Counseling
Each client receives an individual assessment interview with a licensed alcohol and drug counselor (LADC) at the conclusion of the program sessions. Some clients also receive further counseling recommendations. These recommendations are required if a client:
1. Has a conviction for DWI on his or her New Hampshire driving record - and -
2. Meets one or more of the criteria listed in the appropriate section of the New Hampshire Code of Administrative Rules: He-A 700 (specifically section He-A 707.12); He-A 900 (specifically He-A 907.13); He-A 800 (Multiple Offender Program rules).
These further counseling recommendations are based on a number of factors, are developed specifically for each client and are formulated by the Licensed Alcohol and Drug Counselor (LADC) who conducts the assessment interview. Here is a brief summary of the process:
1. The client meets no criterion under the New Hampshire Code of Administrative Rules (He-A 700; He-A 800; He-A 900). No further counseling recommendations are prescribed:
a. The Program Completion Report (IDIP-021) is immediately sent to the New Hampshire Division of Motor Vehicles and the Court of Conviction;
b. The client has completed the W/IDIP, Phase II or Multiple Offender program.
2. The client meets one or more of the criteria cited in the Code of Administrative Rules - He-A 700 (specifically section He-A 707.12); He-A 900 (specifically He-A 907.13); He-A 800 (Multiple Offender Program rules) and further counseling recommendations are prescribed. At this point, the client has the following options:
a. Fulfill a substantive amount of the further counseling recommendations. Once the client has documented substantive compliance, the Course Completion Report (IDIP-021) is sent to the New Hampshire Division of Motor Vehicles and the Court of Conviction;
b. Obtain a second substance evaluation that conforms to He-A 700; He-A 800; He-A 900 and the rules of the New Hampshire Department of Safety (Saf-C 204.02);
c. Request a review hearing at the New Hampshire Department of Safety, Bureau of Hearings. The presiding Hearing Examiner will conduct a formal administrative hearing. Following the administrative hearing, the Hearing Examiner will issue a prepare a Report of Hearing Examiner that contains Findings of Fact , Conclusions of Law and Disposition;
d. If the Hearing Examiner agrees with the client’s position, the Course Completion Report (IDIP-021) will be sent to the New Hampshire Division of Motor Vehicles and the Court of Conviction. The client has then completed the W/IDIP, Phase II or Multiple Offender program
.
e. If the Hearing Examiner decides that the client would benefit from further counseling recommendations, the Hearing Examiner will issue a Report of Hearing Examiner. The Disposition section provides the specific actions that the client must initiate. The Course Completion Report (IDIP-021) will not be sent to the New Hampshire Division of Motor Vehicles or the Court of Conviction until the client has provided proof of substantive compliance with the terms cited in this Disposition.
f. If the client disagrees with the decision of the Hearing Examiner, he or she has the right of appeal to the New Hampshire Superior Court. New Hampshire residents must appeal to the Superior Court of the county in which they reside. Out of state residents must appeal to the Merrimack County Superior Court.
1. Intake Interview
2. Program Sessions
3. Assessment Interview
4. Further Counseling
5. Forms
