Current through Register Vol. XLI, No. 42, October 18, 2024
Section 56-19-9 - Treatment Plan Agreement9.1. The Treatment Plan Agreement referred to in Subsection 6.1.2. of this rule shall contain, at a minimum, the following:9.1.1. If the individual tested positive for alcohol or any substance referred to in Section 5.4. of this rule, that individual shall be required to undergo 6 months of substance abuse treatment, counseling and after-care under the supervision of a duly licensed, mental health professional and submit to random drug and alcohol screenings at a minimum of 1 per month during the 6-month treatment period. Upon completion of the 6 months of treatment and random drug and alcohol screenings, the individual may petition the Board of Appeals to re-instate his/her certifications.9.1.2. If the individual refused a substance abuse or chemical test of breath for the presence of alcohol, that individual's mining certification(s) shall be suspended for a minimum of 18 months. The individual shall be required to successfully complete at least 6 months of substance abuse treatment, counseling and after-care under the supervision of a duly licensed mental health professional and submit to random drug and alcohol screenings at a minimum of 1 per month during the treatment period. Upon completion of the 18-month suspension and completing the treatment program with monthly and random drug and alcohol screenings, the individual may petition the Board of Appeals to re-instate his/her certifications.9.1.3. If the individual possessed or submitted an adulterated sample or possessed or submitted a substituted sample, that individual's mining certification(s) shall be suspended for a minimum of 18 months. The individual shall be required to successfully complete at least 6 months of substance abuse treatment, counseling and after-care under the supervision of a duly licensed, mental health professional and submit to random drug and alcohol screenings at a minimum of 1 per month during the treatment period. Upon completion of the 18-month suspension and completing the treatment program with monthly and random drug and alcohol screenings, the individual may petition the Board of Appeals to re-instate his/her certifications.9.2. The Treatment Plan Agreement shall also contain an admission by the individual that he or she has violated the substance abuse laws for the first time and a statement that a second violation of Section 5.12. of this rule shall result in the permanent revocation of all mining certifications issued to him or her.9.3. The Director shall review all Treatment Agreements and shall not approve any Agreement that does not comply with this rule.9.4. The Board of Appeals shall ensure an individual has satisfied all conditions for reinstatement before reinstating any certification.